RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05807 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His retirement pay be adjusted to include public community service he performed after he retired in accordance with the Temporary Early Retirement Authority (TERA). ________________________________________________________________ APPLICANT CONTENDS THAT: He was not aware that he could receive credit toward his retired pay for his public and community service he performed since retirement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 18 Jul 75. On 17 Jul 79, he was released from active duty and subsequently enlisted in the Air National Guard (ANG). On 1 Apr 80, the applicant enlisted in the Regular Air Force. On 1 Jun 94, the applicant voluntarily retired from the Air Force under the TERA and was credited with 18 years, 2 months, and 1 day of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or injustice. Section 4464 of the Fiscal Year 1993 National Defense Authorization Act 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 when the retired member attains or would have attained 62 years of age. Public and community service job vacancies included education, conservation, environmental protection, law enforcement, and public health care positions. Military Personnel Flight Letter (MPFL) 93-024, dated 9 Apr 93 provided specific instructions regarding obtaining public and community service credit and that information was provided to the applicant by the Family Support Center (FSC). He also signed an AF Form 1160, Military Retirement Action, dated 2 Sep 93, to request retirement under the TERA. Section IV of the form contains a statement where he acknowledged the requirement to register at the FSC and that retirement cannot be consummated until registration has been confirmed. Additionally, applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) no later than one year after they would have attained 20 years of total active federal military service (TAFMS), which, in the applicant’s case, would have been no later than 31 Mar 97. It is apparent the applicant was briefed on the public and community service program requirements prior to retiring. There are no provisions in the law that allows retroactive registration for employment in public or community service organizations. The applicant was required to report creditable service within one year of the date he would have completed 20 years of total active federal military service (TAFMS), which was on 31 Mar 97. This was not accomplished within the required time. A complete copy of the AFPC/DPSOR evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant admits to signing a statement that he was briefed on the public service program; however, he understood it to be a program to help veterans get jobs in areas such as inner city school districts and other similar public service jobs. He didn’t realize at the time that it included any school system. At the time, TERA was a new program and was not much more than a title. At the time of his retirement, he was in the midst of a divorce and was about to be left with two children with severe disorders, one child with severe Attention Deficit Hyperactivity Disorder (ADHD) and Oppositional Defiant Disorder (ODD), and the other with extreme separation anxiety. Therefore, his concern was to get closer to family where he could get the help as needed. He was able to start substitute teaching in the fall of 1994 and feels his time spent in community service should be recognized. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05807 in Executive Session on 22 Oct 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05807 was considered: Exhibit A. DD Form 149, dated 11 Dec 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 3 Apr 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 14 Apr 13. Exhibit E. Letter, Applicant, dated 23 Apr 13. Panel Chair