IN THE CASE OF: BOARD DATE: 12 October 2023 DOCKET NUMBER: AR20230003447 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) * a personal appearance before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant's signature page * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 23 April 1984 * Orders Number 029-0003, 29 January 1997 * DD Form 214, 31 May 1997 * United States Postal Service (USPS) Service History Report, 1 April 2019 * USPS Annuity Estimate, 18 February 2020 * Application for Immediate Retirement, 1 October 2021 * DD Form 2676 (Validation of Public or Community Service), 4 December 2022 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 when he retired from the Army in May 1997, he attended one of his briefings and was told that if he worked in one of five fields, he could get some of that time back from retiring early or before 20 years in service. He served 23 years in the USPS from 2 January 1999 to 31 December 2021. 3. A review of the applicant's official military record shows the following: a. Having had prior enlisted service in the United States Air Force (USAF), the applicant enlisted in the Regular Army on 11 October 1985. He served continuously until his voluntary early retirement. b. Orders Number 029-0003 published by Headquarters, I Corps and Fort Lewis on 29 January 1997, retired the applicant effective 31 May 1997 and placed him on the retired list effective 1 June 1997. In pertinent part, the orders show: * Statute authorizing retirement: 4403 [Public Law 102-484, section 4403] * Voluntary retirement: 16 years, 11 months, 10 days * Basic pay: 17 years, 10 months, 16 days c. On 31 May 1997, the applicant was voluntarily retired early. He completed 11 years, 7 months, and 20 days net active service this period and 5 years and 24 days total prior active service. DD Form 214 shows in item 18 (Remarks) "member is retiring as provided by section 4403 or the Fiscal Year (FY) 1993 National Defense Authorization Act (PL 102-484) and may qualify for a recomputation of retired pay at age 62 (section 4464 of same law)." 4. The applicant provides: a. USPS Service History Report dated 1 April 2019, which shows his USPS employment start date as 2 January 1999. b. USPS Annuity Estimate, dated 18 February 2020, which shows, in pertinent part, his creditable service and retirement contributions. c. Application for Immediate Retirement dated 1 October 2021, which shows he applied for retirement through the Federal Employee Retirement System and listed his USPS date of final separation as 31 December 2021. The application shows his military service in the USAF and Regular Army. d. DD Form 2676 dated 4 December 2022 certifying and showing his public and/or community service with the USPS from 2 January 1999 to 31 December 2021. The form also shows his retired date from the USPS as 31 December 2021. 5. On 26 May 2023, the Office of the Deputy Chief of Staff G-1 provided an advisory opinion for this case and recommend partial relief of the applicant's request. The advisory official stated: a. After careful review of the information provided, we recommend the Board partially approve of the applicant's request for administrative relief. We recommend that the Board correct the record to award the applicant an additional 1 year, 9 months, and 16 days of military service credit for employment completed during the Enhanced Retirement Qualification Period (ERQP). b. Under the provisions of section 4464 of Public Law 102-484, Soldiers retired under TERA are authorized to receive credit toward their retired pay if they obtained employment with a public service or a recognized community service organization for a period up to the date the Soldier would have attained 20 years of active service. The applicant provided employment verification from the United States Postal Service. The employment period of 2 January 2019 through his ERQP end-date meets the guidelines prescribed in reference 1.b and section 4464 of Public Law 102-484. c. Should the Board approve his application, The Defense Finance and Accounting Service (DFAS) will compute his retired pay based on when he would attain 62 years of age. DFAS will recompute military retired pay consistent with the procedures in Department of Defense 7000.14-R, Volume 7, Part B. 6. On 2 June 2023, the applicant was provided a copy of the G-1 advisory opinion for comments or rebuttal. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence supports giving the applicant an additional 1 year, 9 months, and 16 days of military service credit for employment completed during the ERQP. The Board determined the applicant’s record should be corrected by recalculating his retired pay at age 62 to reflect the additional service credit. He should be paid any additional retired pay he is due as a result of this correction. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by recalculating his retired pay at age 62 to add an additional 1 year, 9 months, and 16 days of military service credit. The individual concerned should be paid any additional retired pay he is due as a result of this correction. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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. The National Defense Authorization Act (NDAA) for Fiscal Year 1993 (FY93 NDAA), PL 102-484, 23 October 1992, Congress enacted the Temporary Early Retirement Authority (TERA), which permitted selected military members to retire early. Section 534 of that law gave the Secretary of Defense authority to allow the Service Secretaries to permit early retirement for selected military members having more than 15 but less than 20 years of active service. 3. Section 4464 of the FY93 NDAA allowed eligible members retired under TERA to perform public and community service following retirement and receive credit for this service to be used to recompute military retired pay, and where applicable, the Survivor Benefit Plan based amount when the retired member attains or would have attained 62 years of age. 4. Department of Defense Instruction (DODI) 1340.19 (Certification of Public and Community Service (PACS) Employment of Military Retirees), paragraph 2.2.3, the veteran must have performed public/community service "within the period beginning on the date of retirement and ending on the date retired member would have attained 20 years of creditable service for computing retired pay." This timeframe is referred to as the ERQP. DODI 1340.19 paragraph 5.3.3 also states all reporting should have been completed by the retiree no later than one year following the ERQP. 5. DODI 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 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 6.3.5. 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. 6. 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). 7. Army Regulation 15-185 (ABCMR), states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases based on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Paragraph 2–11 states 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) AR20230003447 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1