RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05807
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement pay be adjusted to include public community
service he performed after he retired in accordance with the
Temporary Early Retirement Authority (TERA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware that he could receive credit toward his retired
pay for his public and community service he performed since
retirement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 18 Jul 75. On 17 Jul 79, he was
released from active duty and subsequently enlisted in the Air
National Guard (ANG). On 1 Apr 80, the applicant enlisted in
the Regular Air Force.
On 1 Jun 94, the applicant voluntarily retired from the Air
Force under the TERA and was credited with 18 years, 2 months,
and 1 day of total active service.
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 service
following retirement and receive credit for this service to be
used to recompute military retired pay when the retired member
attains or would have attained 62 years of age. Public and
community service job vacancies included education,
conservation, environmental protection, law enforcement, and
public health care positions.
Military Personnel Flight Letter (MPFL) 93-024, dated 9 Apr 93
provided specific instructions regarding obtaining public and
community service credit and that information was provided to
the applicant by the Family Support Center (FSC). He also
signed an AF Form 1160, Military Retirement Action, dated 2 Sep
93, to request retirement under the TERA. Section IV of the
form contains a statement where he acknowledged the requirement
to register at the FSC and that retirement cannot be consummated
until registration has been confirmed.
Additionally, applicants were required to turn in proof of
public or community service to the Defense Manpower Data
Collection (DMDC) no later than one year after they would have
attained 20 years of total active federal military service
(TAFMS), which, in the applicants case, would have been no
later than 31 Mar 97.
It is apparent the applicant was briefed on the public and
community service program requirements prior to retiring. There
are no provisions in the law that allows retroactive
registration for employment in public or community service
organizations. The applicant was required to report creditable
service within one year of the date he would have completed 20
years of total active federal military service (TAFMS), which
was on 31 Mar 97. This was not accomplished within the required
time.
A complete copy of the AFPC/DPSOR evaluation, with attachments,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant admits to signing a statement that he was briefed
on the public service program; however, he understood it to be a
program to help veterans get jobs in areas such as inner city
school districts and other similar public service jobs. He
didnt realize at the time that it included any school system.
At the time, TERA was a new program and was not much more than a
title. At the time of his retirement, he was in the midst of a
divorce and was about to be left with two children with severe
disorders, one child with severe Attention Deficit Hyperactivity
Disorder (ADHD) and Oppositional Defiant Disorder (ODD), and the
other with extreme separation anxiety. Therefore, his concern
was to get closer to family where he could get the help as
needed. He was able to start substitute teaching in the fall of
1994 and feels his time spent in community service should be
recognized.
A complete copy of the applicants response is at 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 applicants complete submission, including his
rebuttal response, in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion 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.
________________________________________________________________
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-2012-05807 in Executive Session on 22 Oct 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
?
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05807 was considered:
Exhibit A. DD Form 149, dated 11 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 3 Apr 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Apr 13.
Exhibit E. Letter, Applicant, dated 23 Apr 13.
Panel Chair
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