IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007493 APPLICANT REQUESTS: additional service credit or in effect, recalculation of his retired pay at age 62 under the Temporary Early Retirement Authority (TERA) for employment with a Public and/or Community Service (PACS) organization. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlistment/Travel Order Number 180-2 issued by unknown unit, 12 September 1979 * Enlistment/Travel Order Number 220-3 issued by unknown unit, 6 November 1979 * Orders Number 252-00226 issued by Headquarters, 5th U.S. Army and Fort Sam Houston, 9 September 1994 * DA Form 2239 (Application for Voluntary Retirement), 6 June 1994 * Brooke Army Medical Center letter, Subject: Application for Voluntary Retirement, 9 June 1994 * 5th U.S. Army and Fort Sam Houston letter, Subject: Voluntary Early Retirement, 21 June 1994 * U.S. Total Army Personnel Command Memorandum, Subject: Fiscal Year (FY) 95 Early Retirement Program Application, 1 August 1994 * Defense Outplacement Referral System (DORS) Resume, expiration 20 November 1994 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 30 November 1994 * SF 50-B (Notification of Personnel Action), 20 November 2021 * DA Form 4689 (Department of the Army Certificate), 5 January 2022 * U.S. Army Medical Center of Excellence, Joint Base San Antonio retirement certificate, 5 January 2022 * Fort Sam Houston, Military Retiree and Dependent Services information sheet, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b) [10 USC 1552(b)]; however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that in 1994, she retired under the provisions of TERA and served 23 years as a Department of the Army civilian. She requests 5 additional years of service to reach 20 years of active federal service for retirement. 3. The applicant's service record shows: a. At the time of application, the applicant was 63 years of age. b. On 6 November 1979, the applicant enlisted in the Regular Army and served continuously until her early retirement under TERA. c. U.S. Total Army Personnel Command Memorandum, Subject: FY95 Early Retirement Program Application, dated 1 August 1994, conditionally approved the applicant's request for early retirement. d. DD Form 214, ending on 30 November 1994, shows the applicant was honorably retired from active duty. She completed 15 years and 25 days of net active service with 1 month and 24 days of prior inactive service/ Item 18 (Remarks) shows "member is retiring as provided by section 4403 of the Fiscal Year 1993 National Defense Authorization Act (NDAA) and may qualify for a recomputation of retired pay at age 62." 4. The applicant provides: a. Enlistment/Travel Order Number 180-2 issued by unknown unit, dated 12 September 1979, assigned the applicant to inactive duty with a return date of 6 November 1979. b. Enlistment/Travel Order Number 220-3 issued by unknown unit, dated 6 November 1979, assigned the applicant to active duty effective 16 November 1969. c. Orders Number 252-00226 issued by Headquarters, 5th U.S. Army and Fort Sam Houston, dated 9 September 1994, released the applicant from active duty and placed her on the Retired List, effective 30 November 1994. d. DA Form 2239 showing the applicant applied for retirement from active duty. e. Brooke Army Medical Center letter, Subject: Application for Voluntary Retirement, dated 9 June 1994, recommended approval of the voluntary retirement. f. 5th U.S. Army and Fort Sam Houston letter, Subject: Voluntary Early Retirement, 21 June 1994, recommended approval of the retirement. g. DORS Resume, expiration 20 November 1994, completed as part of the applicant's early retirement. h. SF 50-B, 20 November 2021, reflected the applicant's voluntary retirement as a Training Instructor (Patient Administration) with the U.S. Army Training and Doctrine Command. Her Service Computation Date was 23 November 1993. i. DA Form 4689, 5 January 2022, awarded the applicant the Civilian Service Commendation Medal for service from November 1981 to November 2021. j. U.S. Army Medical Center of Excellence, Joint Base San Antonio retirement certificate, 5 January 2022, was presented to the applicant for 40 years of service. k. Fort Sam Houston, Military Retiree and Dependent Services information sheet, provided information for the Retirement Services Officer and post retirement support. 5. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Military Pay Branch on 6 October 2022. The advisory official recommended approval of the applicant's request by changing her record to reflect she applied for and received credit for employment completed during the Enhanced Retirement Qualification Period (ERQP). Under the provisions of Section 4464 of Public Law 102-484, servicemembers were permitted to retire under the TERA to receive credit toward retired pay if employment with a public service or a recognized community service organization was obtained for a period up to the date the servicemember would have attained 20 years of service. The applicant retired from the Army under TERA on 30 November 1994 with a total of 15 years, 0 months, and 25 days of active Federal service. Her ERQP was calculated as 29 November 1999 based on the required 3 years , 11 months, and 5 days. She provided employment verification from the U.S. Army Training and Doctrine Command from 23 November 1993 to 20 November 2021 which met the guidelines prescribed in law and Department of Defense (DoD) policy. 6. On 2 November 2022, she in effect, concurred with the advisory opinion with additional comments. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that under the provisions of Section 4464 of Public Law 102-484, servicemembers were permitted to retire under the TERA to receive credit toward retired pay if employment with a public service or a recognized community service organization was obtained for a period up to the date the servicemember would have attained 20 years of service. The applicant retired from the Army under TERA on 30 November 1994 with a total of 15 years, 0 months, and 25 days of active Federal service. Her ERQP was calculated as 29 November 1999 based on the required 3 years, 11 months, and 5 days. She provided employment verification from the U.S. Army Training and Doctrine Command from 23 November 1993 to 20 November 2021 which met the guidelines prescribed in law and Department of Defense (DoD) policy. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she qualified for an adjustment to her retired pay under the TERA ERQP provisions of the law and recalculating her retired pay to credit her with 3 years, 11 months, and 5 days of qualifying service between her retirement date (30 November 1994) and her ERQP (29 November 1999) at age 62. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. TERA was enacted by Congress on 23 October 1992 as part of the NDAA of Fiscal Year 1993. a. Its intent was to assist in the military draw-down of forces by permitting selected military members to retire early when they had between 15 and 20 years of service. Additional years of service could be accumulated, even though not serving in military uniform, during a period called ERQP. b. The ERQP was that period from the date of retirement to the date on which the retiree would have attained 20 years of creditable service for the purpose of computing retired pay. The additional years were earned by service in military Reserve Components or employment in qualifying public or community service organizations – called the PACS program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. 3. Department of Defense Instrcution 1332.37 (Program to Encourage Public and Community Service Employment) establishes policy, assigns responsibilities, and prescribes procedures to encourage and assist separating Service members, Service members retiring with 20 or more years of service, Department of Defense (DOD) civilian personnel leaving the Government, and spouses, to enter PACS employment and to encourage and assist Service members requesting retirement with fewer than 20 years of service to register for PACS employment. a. Section 4.2.2. In order to have their military retired pay recomputed in accordance with DODI 1340.19 (Certification of Public and Community Service Employment of Military Retirees), early retirees must be employed with a DOD- registered PACS organization that provides the services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12., or that coordinates the provision of services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12. PACS organizations provide or coordinate the following services: * Elementary, secondary, or post-secondary school teaching or administration * Support of teachers or school administrator * Law enforcement * Public health care * Social service * Public safety * Emergency relief * Public housing * Conservation * Environment * Job training * Work in a Federal, state or local government organization in which provides or coordinates services listed above * Other PACS consistent with or related to services listed above b. Section 6.3.1. Registering for PACS is a requirement for consummation of their early retirement under Public Law 102-484, section 4403 or section 561 of Public Law 103-160. c. Section 6.3.5. DOD-approved PACS employment qualifies the Service member who is retired under Public Law 102-484, section 4403 or Public Law 103-160 for increased retired pay effective on the first day of the first month beginning after the date on which the member or former member attains 62 years of age. The former service member must have worked in DOD-approved PACS employment between the date of early retirement and the date in which he or she would have attained 20 years of creditable service for computing retired pay, and have retired on or after 23 October 1992 and before 1 October 1999. 4. Retirees were required to document their employment using DD Form 2676 (Validation for Public or Community Service) and submit the form to the DMDC. The timeline to submit PACS applications to the DMDC ended 1 year to the day after the member’s ERQP expired. DMDC is no longer authorized to accept any new PACS applications. The program officially expired in August 2008 (1 year after the last official TERA recipient’s ERQP expired). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007493 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1