RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03518
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His voluntary release on 1 Jun 92 be changed to a retirement
under the Temporary Early Retirement Authority (TERA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not given the opportunity to cross-train or retire.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, DD Form 256 AF, Honorable Discharge Certificate and an
expanded statement.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Apr 77, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the rank
of staff sergeant with a date of rank of 1 Oct 88. He served as
a Law Enforcement Supervisor.
His DD Form 214 reflects he was voluntarily released from active
duty on 1 Jun 92 with a narrative reason for separation of
Voluntary release/transfer to another service component for early
release program SSB. He received a lump sum Special Separation
Benefit (SSB) payment of $40,985.40. He was credited with 15
years, 1 month and four days of active service.
SSB authority was added to Title 10, United States Code (USC) by
Public Law (PL) 102-190 effective 5 Dec 91 (10 USC, Section
1174a). To qualify for this incentive, a member must have served
on active duty for more than 6 but less than 20 years and
transfer to a Reserve component, as well as meet criteria
specified by the Secretary of the Air Force (SecAF) according to
the needs of the Air Force.
If a member receives an SSB payment and subsequently qualifies
for retired pay or VA disability compensation, the SSB payment is
subject to recoupment in the same proportion in which it was
earned.
In the National Defense Authorization Act for Fiscal Year 1992
(FY92 NDAA), PL 102-484, 23 Oct 92, 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. Section 534 of that law gave the Secretary of
Defense authority to allow the service Secretaries to permit
early retirement for selected military members with more than 15
but less than 20 years of service who agreed to register for
employment in public or community service organizations. PL 107-
314, NDAA for FY 2003, Section 554, extended TERA to 1 Sep 02 at
which time the TERA authority expired. The Secretary of Defense
did not authorize the service Secretaries the use of TERA
authority until 12 Mar 93 as a force shaping draw down tool; not
as an entitlement. The SecAF first implemented the use of TERA
authority for retirements effective not earlier than 1 Oct 94.
Effective close of business 30 Oct 95, the enlisted program was
closed for applications and there was no guarantee that all
existing applications would be approved.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
APFC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. The applicant was not eligible to retire
under TERA because he requested to be separated prior to its
enactment. Further, his request is not timely filed having been
submitted more than 19 years after his separation from the AF.
AFPC/DPSOR's complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 Dec 11, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. The
applicant contends he was not provided the opportunity to cross-
train or retire under TERA, and now requests his records reflect
he was retired rather being voluntarily separated with a Special
Separation Benefit (SSB). After a thorough review of the
evidence of record, we are not convinced he has been the victim
of an error or injustice. The applicant requested to be released
from active duty and received a special separation benefit.
Furthermore, his separation from active duty occurred prior to
the enactment of TERA. 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-2011-03518 in Executive Session on 12 Apr 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03518 was considered:
Exhibit A. DD Form 149, dated 29 Aug 11, w/atchs.
Exhibit B. Letter, Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 8 Dec 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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