IN THE CASE OF: BOARD DATE: 30 August 2023 DOCKET NUMBER: AR20230000572 APPLICANT REQUESTS: * correction of his records to show he received service credit for 20 years of service and adjustment of his retired pay under the Temporary Early Retirement Authority (TERA) Public and Community Service (PACS) Program at age 62 * a personal appearance before the Board via video or telephonically APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty * RI Form 20-124 (Certification of Service Preformed as a Law Enforcement, Firefighter, Nuclear Materials Courier, Customs and Borders Protection Officer or Air Traffic Controller) * DD Form 2676 (Validation of Public or Community Service Employment) 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, he retired from active duty under the TERA program and at the time he was advised if he served in law enforcement or counseling for a period of three years, he could have his retirement pay adjusted for the additional years at age 62. He worked for the Federal Bureau of Prisons during the period of 11 November 1994 through 12 April 2009 and a Correctional Counselor from 12 April 2009 through 31 March 2015. 3. A review of the applicant's service record shows: a. The applicant enlisted in the U. S. Army Reserve (USAR) on 3 August 1979 in the Delayed Entry Program (DEP). He was discharged from the DEP and enlisted in the Regular Army on 18 September 1979. He had continuous service through reenlistments or extensions. b. On 30 September 1994, Orders Number 196-14, issued by Headquarters, 6th Infantry Division (Light), the applicant was placed on the retired list on 1 October 1994 with 15-years and 13-days of active service. c. The applicant was honorably retired on 30 September 1994 and assigned to the USAR Control Group (Retired Reserve) under the provisions of the Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA), section 4403, Public Law 102-484. DD Form 214 shows the applicant completed 15-years and 13-days of active service. It also states in item 18 (Remarks) "Member is retiring as provided in section 4403 of FY93 NDAA (PL 102-484 and may qualify for a re-computation of retired pay at age 62 (Section 4464 same law)." d. The applicant reached the age of 62 on 11 August 2022. 4. The applicant provides: a. Office of Personnel Management Form RI 20-124 which shows the applicant was employed by the Bureau of Prisons: * 13 November 1994 through 11 April 1998 – Correctional Officer * 12 April 1998 through 13 February 2010 – Senior Officer Specialist * 14 February 2010 through 31 March 2015 – Correctional Counselor b. DD Form 2676 which shows the applicant was employed by the Federal Bureau of Prisons, Federal Correctional Institute during the period of 13 November 1994 through 31 March 2015. 4. On 11 January 2023, in the processing of Army Board for Corrections of Military Records (ABMCR) Docket Number AR20220010738, the Office of the Deputy Chief of Staff, G1 provided an advisory opinion regarding the applicants request for the re- computation of his retirement pay at age 62 under the TERA PACS program. The advisory official states the applicant retired from the Army under TERA on 30 June 1994 with 15-years and 15-days of active Federal service. He would require 4-years, 11- months, and 17-days to reach 20-years of service which would make his Enhanced Retirement Qualification Period (ERQP) 17 September 1999. The applicant provided verification of his employment with the Federal Bureau of Prisons at the Federal Correctional Institute Sheridan which indicated he was hired on 13 November 1994 and was employed through 31 March 2015 for a total of 20-years, 4-months, and 19-days. This employment met the guidelines as prescribed in Department of Defense Instruction (DoDI) 1332.37 (Program to Encourage Public and Community Service Employment) and Title 10 USC), section 1143(a). Although all of the applicant's employment qualifies as legitimate, only the employment between his retirement date and his ERQP can be considered. The period of his employment which met the criteria is 4-years, 10-months, and 5-days which would have been 13 November 1994 through 17 September 1999. It is the recommendation of approval for the applicant's request to adjust his retirement pay at age 62 or as soon as practicable thereafter. 5. On 30 March 2023, in the processing of ABCMR Docket Number AR20230000572, the Office of the Deputy Chief of Staff, G1 provided an advisory opinion regarding the applicants request for the re-computation of his retirement pay at age 62 under the TERA PACS program. The advisory official did not recommend approval of the applicant's request for the re-computation of his retirement pay at age 62 under the provision of section 4464 of Public Law 102-484. The procedures for reporting and computing the enhanced retirement credit are computed based on the DD Form 2276 (Validation of Public or Community Service Employment) which was missing from his application. Once the applicant provides a completed DD Form 2276 as required in DoDI 1332.37 they would process his request. The applicant retired from the Army under TERA on 30 September 1994 with 15-years and 13-days of active Federal service. When the applicant resubmits the application with the required DD Form 2276, if the employment is verified as currently reflected on the Certification of Service form his ERQP will be calculated as 18 August 1999. 6. On 31 March 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory(s) for review and comment. The applicant responded by providing the completed DD Form 2676. BOARD DISCUSSION: 1. 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 request for service credit during the Enhanced Retirement Qualification Period (ERQP) and adjustment of his retired pay under the provisions of the Temporary Early Retirement Authority (TERA) was carefully considered and has merit. Upon review of the applicant’s petition, available military records and the Office of the Deputy Chief of Staff, G-1, Compensation and Entitlements Pay advisory opinion, the Board concurred with the advising official recommendation for approval by changing his record to reflect the applicant applied for and received credit for employment completed during the ERQP. The applicant's ERQP which met the criteria is 4-years, 10-months, and 5-days which would have been 13 November 1994 through 17 September 1999. It is the recommendation of approval for the applicant's request to adjust his retirement pay at age 62 or as soon as practicable thereafter. 2. Based on the advising official and evidence in the record, the Board agreed the applicant’s employment with the Federal Bureau of Prison at Federal Correctional Institute Sheridan for the period (13 November 1994 through 17 September 1999) meets the guidelines under the provision of section 4464 of Public Law 102-484. The procedures for reporting and computing the enhanced retirement credit are computed based on the DD Form 2276 (Validation of Public or Community Service Employment. As a result, the Board granted relief for correction of his records to show he received service credit for 20 years of service and adjustment of his retired pay under the Temporary Early Retirement Authority (TERA) Public and Community Service (PACS) Program at age 62 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 4. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 he received service credit for 20 years of service and adjustment of his retired pay under the Temporary Early Retirement Authority (TERA) Public and Community Service (PACS) Program at age 62. The applicant's ERQP which met the criteria is 4-years, 10-months, and 5-days which would have been 13 November 1994 through 17 September 1999. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending September 30, 1994, by adding the Army of Occupation Medal. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 2-1 (Personnel Qualification Record) 3. Please correct the applicant's DD Form 214 by adding the award shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable the medal. Please ensure that the corrections are recorded in the applicant's official military personnel record. ? 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. Public Law 102-484 (National Defense Authorization Act for FY 1993), provided the Secretary of Defense with a temporary additional force management tool to assist with the drawdown of active military forces. Subsection 4403(f) of the Act directed the use of a subaccount within the officer and enlisted budget activities of the Active Military Personnel appropriation for retirement payments to members participating in the TERA program. 3. Department of Defense Instruction (DODI) 1332.37 (Program to Encourage Public and Community Service Employment), in effect at the time, 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 public and community service employment. Encourage and assist Service members requesting retirement with fewer than 20 years of service to register for public and community service employment. a. Paragraph 4.2, Service members determined to be eligible by the Secretary of their military department for, and who do request retirement with fewer than 20 years of service are required by Public Law 102-484, Section 4403 to register for public and community service employment. This registration normally shall take place not earlier than 90 days before retirement or terminal/transition leave. In order to have their military retired pay and Survivor Benefit Plan base amount (if applicable) recomputed in accordance with DODI 1340.19, early retirees must be employed with a DOD registered public and community service organization that provides the services. b. Paragraph 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. c. Paragraph E1.1.4, Public and Community Service Organization. Government or private organizations that provide or coordinate the provision of the following services: * Elementary, secondary, or post-secondary school teaching * Administration * Support of teachers or school administrators * Law enforcement * Public healthcare * 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 d. Retirees were required to document their employment using DD Form 2676 (Validation for Public or Community Service) and submit the form to the Defense Manpower Data Center (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. DoDI 1340.19 (Certification of Public and Community Service Employment of Military Retirees) dated 17 Nov 93, states It is DoD policy that a retiree shall receive military service credit for all qualifying periods of employment during the enhanced retirement qualification period. During retirement processing, the Military Services shall provide each retiree a copy of DD Form 2676, Validation of Public or Community Service Employment, and explain the reporting requirements and procedures for enhanced retirement credit as described in this Instruction. All reporting shall be completed by the retiree within one year of the end of the enhanced retirement qualification period. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000572 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1