Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800186
Original file (9800186.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUL  1 4  1996 

IN THE MATTER OF: 

DOCKET NO:  98-00186 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

Applicant requests that his early retirement under the Temporary 
Early  *Retirement  Authority  (TERA)  be  upgraded  to  a  20  year 
Applicant's  submission  is  at 
retirement  for  pay  purposes. 
Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's  request 
and  provided  an advisory  opinion  to  the  Board  recommending  the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and  response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record,  we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The  facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive evidence applicant was  denied rights  to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new  relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Thomas  S.  Markiewicz,  Mr.  Jackson A. 
Hauslein, and Mr. Michael P. Higgins considered this application 
on  9  July  1998 in accordance with  the  provisions  of  Air  Force 
Instruction 36-2603, and the governing statute, 10, U . S . C .   1552. 

/ 
/ 

Panel Chair 
Panel Chair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT  OF T H E  A I R   FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL CENTER 

RANDOLPH AIR  FORCE B A S E  TEXAS 

4 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ AFPC/DPPRR 

550 C Street West Ste 11 
Randolph AFB TX 78150-4713 

SUl3JECT  Application for Correction of Military Records 

-0- 

Requested Action:  Applicant requests his early retirement under the Temporary Early 

Retirement Authority (TEM) be upgraded to a 20 year retirement for pay purposes. 

- Basis: Applicant contends he initiated paperwork at time of retirement that stated if he 
went into full time community service for a specified amount of time, his retirement would be 
upgraded to a 20 year retirement for pay purposes. 

Facts: 

’  a. Applicant requested and was approved for a T E M  retirement effective on 3 1 

J 

Aug 94 as a MSgt. 

b.  Applicant signed his DD FM 214, Certijkate of Release or Discharge From 
Active Duty, (Included in his Master Personnel Record Group) which included the following 
statement: 

“Member is retiring as provided by Section 4403 of the FY93 National Defense 

Authorization Act (PL 102-484) and may qualify for a recomputation of retired pay at age 62 
pursuant to Section 4464 of the same law.” 

c.  Military Personnel Flight Letter (MPFL) 93-024, FY94 Voluntary Early 

i 

Retirement Program, 9 Apr 93 (Atch 1) includes information about registering on the Public and 
Community Service Registry (PACS) under 10 U.S.C.  1143a.  It also includes information on 
recomputation of retired pay at age 62. 

Recommendation:  Deny. 
Considering the above policy and applicant’s personnel records, complete and accurate 

information was provided to the applicant during his retirement processing.  We do not see where 
an injustice or error has occurred.  The law is specific about recomputing the retired pay at age 
62.  Applicant just turned 41 years of age. 

We have included a PACS fact sheet (Atch 2)  and a questions and answers document 

(Atch 3) which will assist the AFBCMR and the applicant with information ab&  PACS.  The 
information sheet also includes the 1-800 phone number for the Defense Manpower Data Center 
help desk which can also provide the applicant with additio 

Chief, Retirements Branch 
Directorate of Personnel Program Mgmt 

Attachments: 
1.  Extract of MPFM 93-024 dated 9 Apr 93 
2.  PACS Fact Sheet 
3.  PACS Questions and Answers 

, 



Similar Decisions

  • AF | BCMR | CY2013 | BC-2013-00586

    Original file (BC-2013-00586.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: She was not aware of the program to perform and report public and community service to receive credit toward her retired pay at age 62. 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...

  • AF | BCMR | CY2014 | BC 2014 01718

    Original file (BC 2014 01718.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01718 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retired pay be recalculated when he turns 62 years old to include public community service he performed after he retired in accordance with the Temporary Early Retirement Authority (TERA). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force...

  • AF | BCMR | CY2014 | BC 2014 00067

    Original file (BC 2014 00067.txt) Auto-classification: Denied

    He receive constructive service credit (CSC) under the Public and Community Service (PACS) program for his teaching. On 1 Jul 95, the applicant retired under the Temporary Early Retirement Authority (TERA) program, after serving 16 years, 11 months, and 4 days of total active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE...

  • AF | BCMR | CY2014 | BC 2014 01591

    Original file (BC 2014 01591.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01591 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retirement pay be recomputed upon reaching 62 years of age based on participation in the Public and Community Service (PACS) program. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at...

  • ARMY | BCMR | CY2013 | 20130018676

    Original file (20130018676.txt) Auto-classification: Denied

    He provided copies of the following: * A Notification of Eligibility for Retired Pay at Age 60 letter, dated 22 March 1993, wherein he was advised of his completion of the required years of service for retired pay on application at age 60 * A Chronological Statement of Retirement Points, dated 31 October 1996, which shows he was credited with 24 years of qualifying service for retirement * Orders Number P02-010037, dated 25 February 1997, which show he had completed a total of 16 years, 8...

  • AF | BCMR | CY2012 | BC 2012 05807

    Original file (BC 2012 05807.txt) Auto-classification: Denied

    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...

  • AF | BCMR | CY2013 | BC 2012 05807

    Original file (BC 2012 05807.txt) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2013 | 20130017695

    Original file (20130017695.txt) Auto-classification: Approved

    The applicant requests, in effect, 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). The applicant retired from the Army under TERA on 30 September 1995. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he qualified for an adjustment to his retired pay under the TERA ERQP provisions of...

  • AF | BCMR | CY1998 | 9800528

    Original file (9800528.pdf) Auto-classification: Denied

    Accordingly, applicant's request is denied. QFFICER/ENLISTED PROGRAM. The Secretary of each Military Department may prescribe regulations and policies regarding the criteria for eligibility for early retirement under the authority of reference (a) and this implementing guidance.

  • ARMY | BCMR | CY2015 | 20150000611

    Original file (20150000611.txt) Auto-classification: Approved

    The applicant states, in effect: * he retired under TERA on 30 June 1998 * he applied to the Defense Finance and Accounting Service (DFAS) for a recomputation of his retired pay but his request was denied * he made his request under the provisions of Title 10, section 4403 of the Fiscal Year 1993 National Defense Authorization Act, with recomputation of retired pay at age 62 per section 4464 of the same law * he completed several years of public and community service * he was not aware of...