Docket No 2749-21


From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO  
  
Ref:    (a)Title 10 U.S.C. § 1552
	(b)Title 10 U.S.C. § 1143a
	(c)DODI 1340.19

Encl:   (1) DD Form 149 w/attachments
	(2)Subject’s naval record

1.Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure(1)with the Board for Correction of Naval Records (Board), requesting that his naval record be correctedto receive service credit from Public and Community Service (PACS).

2.The Board, consisting of  and  reviewed Petitioner’s allegations oferror and injustice on 11 May 2021 and, pursuant to its regulations, determined that the corrective actionindicated below should be taken on the available evidence of record.  Documentary material consideredby the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicablestatutes, regulations and policies.

3.The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error andinjustice, found that, before applying to this Board, he exhausted all administrative remedies availableunder existing law and regulations within the Department of the Navy.  The Board made the followingfindings:

	a.Reference (b), implemented the PACS program to encourage members of the armed forces to enterinto public and community service jobs after discharge or release from active duty.  In accordance with reference (c), one of the eligibility criterion for PACS is the employing organization must be listed on the registry of public and community service organizations, approved by the Assistant Secretary of Defense for Personnel and Readiness, as qualifying as an employer for additional military service credit. 

	b.On 19 February 1986, Petitioner entered a period of active duty with 6 years, 9 months, and 14 daysof prior active duty service. 

	c.On 28 February 1994, Petitioner retired under the Temporary Early Retirement Authority (TERA)with a total of 15 years, 1 month, and 29 days of active duty service. 

	d.Petitioner was employed with  University Police Department from
16 November 1994 through 5 February 1996.  

	e.Petitioner was employed with  College District Police Department from 1 April 1996through 15 July 1998. 
   
	f.  Petitioner was employed with  Community College from 20 July 1998 through  
31 July 2008. 
 
     g.  On 29 December 1998, Petitioner reached his enhanced retirement qualification period (ERQP). 
 
     h.  On 20 October 2010, Petitioner turned age  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board determined the Military Service failed to provide a copy of DD Form 2676, Validation of Public or Community Service Employment, and explain the reporting requirements and procedures for enhanced retirement credit in accordance with reference (c).  However, Petitioner’s employers from the time of transfer to Fleet Reserve under TERA and ERQP were not listed on the registry of PACS organizations as required by reference (c); therefore, the Board felt, under these circumstances, partial relief is warranted.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner requested PACS registration and it was approved prior to effective date of transfer to Fleet Reserve under TERA. 
 
The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  The  
Board does not have the authority to place Petitioner’s former employment organizations on the registry of PACS organizations.   
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 

6/15/2021
Deputy Director