IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220009140 APPLICANT REQUESTS: * recalculation of her retirement pay at age 62 based upon her Public and Community Service (PACS) under the Temporary Early Retirement Authority (TERA) * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 066-00206 * Orders Number 087-00208 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Employment Information * W2 and Earnings Summary * Form 1040 U.S. Individual Income Tax Return 2005 * Resume * Social Security Statement FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 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, in effect, she is requesting a recomputation of her military retired pay at age 62 for the Public and Community Service Program. She recently noticed the eligibility per her DD Form 214. She turned 62 on 2 August 2018. She is requesting the Department of the Army consider her public service as she immediately gained employment with community health care. She included her resume and tax documents for the Board's consideration. It would be an injustice to herself, family, and her military career if not granted the opportunity for a recomputation of her military retirement pay. Upon her retirement, she immediately continued her military service as a retired service member as a public servant in her community with employment in the health care system. 3. The applicant's service record contains the following documents for the Board's consideration: a. On 6 September 1977, the applicant enlisted in the Regular Army and served continuously until her retirement under TERA. b. DA Form 2239 (Application for Voluntary Retirement) dated 9 January 1995, shows the applicant was requesting a retirement date of 1 July 1995. She had 17 years, 9 months, and 25 days of active federal service. Her request for retirement was recommended for approval. c. DD Form 214 shows on 30 June 1995, the applicant was honorably retired from active duty. She completed 17 years, 9 months, and 25 days of active duty service. In item 18 (Remarks) it states member is retiring as provided by section 4403 of the Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA) and may qualify for a recomputation of retired pay at age 62. 4. The applicant provides the following documents, not previously considered, for the Board's consideration: a. Orders Number 066-00206 published by Headquarters, Fifth U.S. Army and Fort Sam Houston, dated 7 March 1995, which retired the applicant, effective 30 June 1995. b. Orders Number 087-00208 published by Headquarters, Fifth U.S. Army and Fort Sam Houston, dated 28 March 1994, transferred her to the transition point for out- processing, effective 30 June 1995. c. A printout of portions of her tax records, which show she worked in the health care system from 1995 to 2000. d. Tax documents, which show she worked in the health care system. The documents are available for the Board's consideration. e. The applicant's resume, which shows her education, certifications, memberships, medical experience, equipment she was trained to use, computer systems, and references. The entire resume is available for the Board's consideration. f. Social Security Statement dated 31 March 2021, which is available for the Board's consideration. 5. On 18 January 2023, the Office of the Deputy Chief of Staff, G-1, Program Analyst Compensation and Entitlements Division, provided an advisory opinion for the Board's consideration, which states, in effect: a. After careful consideration, their office does not recommend approval of the applicant's request for a recomputation of her retirement pay at age 62 under the provisions of section 4464 Public Law 102-484. b. The law permitted Servicemembers retired under TERA to receive credit toward their retired pay if they obtained employment with a public service (Federal, State, or local Government) or a recognized community service organization for a period up to the date the member would have obtained 20 years of service. c. The applicant retired from the Army under TERA on 30 June 1995, with a total of 17 years, 9 months, and 25 days of active federal service. The applicant's Enhanced Retirement Qualification Period (ERQP) end date is calculated as 5 March 1999. The applicant did not provide a DD Form 2676 (Validation of Public or Community Service Employment) for employment verification. d. If the applicant provides a DD Form 2676 providing required verification of approved employment, their office would reconsider the request for approval. 6. On 17 February 2023, the applicant responded stating: a. Under the Clinton administration, she was offered an early retirement under TERA. However, at the time of processing, she was never made aware that if she provided additional community service, to the equivalent of 20 years, her retirement pay could be increased to fifty percent of her base pay upon reaching 62 years of age. The only way she found about this was through a long-time acquaintance she happened to run into. b. She has been a community service provider all of her working life serving as a military laboratory technologist/technician in both hospitals and clinics. c. She reached out to the first employer she had after she left the service to have them fill out their portion of the DD Form 2676. The human resource representative stated since the applicant's employment, they have progressed through several computerized human resource programs and did not carry old personnel records forward, hence they were reluctant to fill out their portion of the form but took the applicant's contact information and said if they had the time, they might pursue archived records. The applicant did not have high hopes that they would contact her. d. On the same date, she contacted another employer and encountered a similar situation. They also took down her contact information with an acknowledgement to contact her if they found anything. e. On 7 February 2023, she attempted to make contact with a third employer only to discover this organization was bought out by another. They did not know the whereabouts of records of old employees or whether or not they were retained upon the transition. f. On 16 February 2023, she attempted to prove her employment with a fourth employer to sign up for their human resources website for employment verification. That employer was also bought out by another company and again proof of her employment may not have been carried over. g. The applicant provided duplicates of the documentation she provided with her application for the Board's consideration. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board concurred with the advisory official’s conclusion that it would not be appropriate to grant relief in this case without a properly completed DD Form 2676 for employment verification. In the absence of the employment verification form required under the TERA program, the Board determined relief should not be granted at this time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Department of Defense Instruction 1332.37 (Program to Encourage Public and Community Service (PACS) 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, 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. provides that in order for retirees to have their military retired pay recomputed in accordance with DODI 1340.19 (Certification of PACS 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 administrators * Law enforcement * Public health care * Social services * 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 6.3.2. Early retirees must provide a copy of their confirmation DORS mini-resume to their servicing military personnel office for filing in their Service record before their final retirement processing. d. 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. 3. Retirees were required to document their employment using DD Form 2676 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). 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009140 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1