RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03445
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be returned to active duty for 11 days to attain a regular
retirement rather than his early retirement under the Temporary
Early Retirement Authority (TERA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He took a TERA retirement with the understanding that he could
change his retirement to a regular retirement if he later worked
in non-profit agencies and churches. At the time, no one
mentioned that he would have to be in one of those jobs by the
time his enlistment expired. In his case, he retired under TERA
on 30 November 1993 and his 20-year retirement date was 11
December 1993. He would not have taken this program had he known
the requirements. He was stationed in Misawa Japan; however, at
that time he was not allowed to retire overseas, except under the
TERA program. He is willing to come back on active duty for 11
days if necessary. He worked three jobs that met the
requirements of the program.
In support of his request, the applicant provides a personal
letter, copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty; his retirement orders, letters from
his congressional representative, DD Form 2656, Data for Payment
of Retired Air Force Personnel; and extracts from his tax
information. .
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 December 1973, the applicant contracted his initial
enlistment in the Regular Air Force. He was progressively
promoted to the grade of master sergeant having assumed the grade
effective and with a date of rank of 1 March 1989. On 14 July
1993, the applicant applied to retire under the TERA program
effective 1 December 1993. He was credited with 19 years,
11 months and 20 days of active duty service.
The remaining relevant facts pertaining to this application is
contained in the letter prepared by the appropriate office of the
Air Force, which are attached at Exhibits C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states the application was
not timely filed`. The applicant clearly elected to have his Date
Eligible for Return from Overseas (DEROS) waived under the TERA
program so he could pursue educational opportunities for a career
change. Although his later employment may have qualified him for
recomputation of his retired pay at age 62, he did not enter that
employment until well after his enhanced retirement qualification
period and he did not report this employment by 11 December
1994.
The Air Force TERA policy allowed a waiver of a members DEROS.
The applicants Date Arrived Station (DAS) at Misawa Japan was
24 October 1991 and his tour length was 36 months, making his
DEROS 24 October 1994. The applicant could have pursued a DERSO
curtailment and retired with 20 or more years Total Active
Federal Military Service (TAFMS) but there is no evidence he
attempted to request a DERSO curtailment other than the automatic
waiver provisions of the TERA program.
In the National Defense Authorization Act for Fiscal Year 1992
(FY92 NDAA), Public Law (PL) 102-484, 23 October 1992, Congress
enacted the TERA, which permitted selected military members to
retire early and accrue additional military retirement credits if
they gained employment with qualifying public or community
service organizations. In order to be eligible for a TERA
retirement, PL 102-484, section 534 required members who elected
to request a TERA retirement to register for public or community
service and receive counseling regarding public and community
service job opportunities from the Secretary of Defense or
another source approved by the Secretary.
The complete DPSOR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 November 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office
(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 in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has failed to sustain his burden of proof of the
existence 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2010-03445 in Executive Session on 21 June 2011 under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 10, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOR, dated 7 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10.
Panel Chair
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