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AF | BCMR | CY2011 | BC-2011-03518
Original file (BC-2011-03518.txt) Auto-classification: Denied
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, Applicant’s 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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