RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02206 

COUNSEL: NONE 

 HEARING DESIRED: YES 

 

____________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His retired pay be recomputed to remove the reduction factor 
applied to his retired pay (required as a result of his 
retirement under the Temporary Early Retirement Authority 
(TERA), Public Law 102-484, Section 4403), based on his 
subsequent performed active service. 

 

____________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Since his retirement under the TERA, he has served enough 
active duty tours in the Air Force Reserve (AFRES) to equate 
to over 20 years of active duty service. When he joined the 
AFRES, he was told that his retirement pay would be adjusted 
based on any additional active duty service performed. He 
assumed that adjustment would include the elimination of the 
4.75% TERA penalty; however, no one informed him otherwise. 
He believes he should be entitled to his full retired pay 
just like any other lieutenant colonel who has served 
20 years. 

 

In support of his appeal, the applicant submits copies of 
his DD Forms 214, Certificate of Release or Discharge from 
Active Duty, active duty orders, service history, and a 
Reserve point credit summary. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

____________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was placed on the retired list on 1 September 
1998, pursuant to the provisions of TERA after serving 
15 years, 1 month, and 16 days of active service. 

 

The remaining relevant facts pertaining to this application 
are contained in the letter prepared by the appropriate 
office of the Air Force at Exhibit B. 

 

____________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

DFAS-RPB-JBJE/CL recommends denial. DFAS states that in 
order to assist the Services in drawing down manpower, 
Congress passed the TERA. This authority permitted a member 
with at least 15, but less than 20 years of active service 
to request early retirement. There was a penalty associated 
with the TERA. The retired pay would be computed based on 
the actual years of active service performed and this 
computation would then be reduced by 1/12th of 1 percent for 
each month of active service less than 20 years of active 
service normally required for retirement. Each member 
retiring under TERA was advised of the opportunity to 
perform public and community service in the medical, 
education, or law enforcement fields that would be utilized 
to recompute the retired pay upon reaching age 62. The 
public and community service would be credited as active 
military service and would serve to increase the service 
totals and reduce or remove the reduction factor. This 
public and community service was required to be completed by 
the date the member would have attained 20 years of active 
service and must be reported to the TERA Program Manager at 
the Defense Manpower Data Center. The Office of the 
Assistant Secretary of Defense issued guidance, dated 
12 March 1993, for the use of each Service to counsel 
members regarding the provisions of TERA, including examples 
of the initial computation and the recomputation at age 62. 
The guidance specified that public and community service 
would be utilized to reduce the reduction factor. It did 
not authorize the use of subsequently performed active 
service to reduce the reduction factor. The Department of 
Defense General Counsel (DoD/GC) issued an opinion, dated 
25 July 2003, that specified that active service performed 
subsequent to retirement could not be utilized to reduce the 
reduction factor. 

 

DFAS indicates there is no record that the applicant 
performed any public and community service before the date 
that he would have attained 20 years of active service. 
Following his retirement, he entered the AFRES in 2004. 
There is no record that he ever made an attempt to confirm 
his AFRES service would reduce the TERA reduction factor, he 
merely preceded based upon his assumption. To permit the 
applicant to reduce his TERA reduction factor based on his 
subsequent performed active service would be contrary to the 
DoD guidance and the legal opinion issued prior to the date 
that he returned to active service. 

 

A complete copy of the DFAS evaluation is at Exhibit B. 

 

____________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 


A copy of the Air Force evaluation was forwarded to the 
applicant on 15 July 2011 for review and comment within 
30 days (Exhibit C). As of this date, this office has 
received no response. 

 

____________________________________________________________ 

 

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 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 
recommendation of DFAS-RPB-JBJE/CL and adopt its rationale 
as the basis for our conclusion that 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. 

 

4. The applicant's case is adequately documented and it has 
not been shown that a personal appearance with or without 
counsel will materially add to our understanding of the 
issues involved. Therefore, the request for a hearing is 
not favorably considered. 

 

____________________________________________________________ 

 

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-2011-02206 in Executive Session on 23 February 
2012, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR 
Docket Number BC-2011-02206 was considered: 

 

Exhibit A. DD Form 149, dated 9 Jun 11, w/atchs. 

Exhibit B. Letter, DFAS-RPB-JBJE/CL, dated 1 Jul 11. 

Exhibit C. Letter, SAF/MRBR, dated 15 Jul 11. 

 

 

 

 

 

 Panel Chair