RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00586
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her retirement pay be adjusted to account for public service 
performed as a Temporary Early Retirement Authority (TERA) 
retiree.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was not aware of the program to perform and report public 
and community service to receive credit toward her retired pay 
at age 62.

Her current position at Illinois Wesleyan University is 
considered qualifying service as it applies to recomputing 
retired pay at age 62 under the Public and Community Service 
(PACS) program under TERA.

Her request is after the Enhanced Retirement Qualification 
Period (ERQP) expired; however, she is requesting this review 
for two reasons:  1) She only recently became aware (Nov 12) 
that she had to submit documentation for PACS, and 2) She 
completed the education that qualified her for program after the 
eligibility to submit the application to the Defense Military 
Data Center (DMDC) ended.

She was told by Defense Finance and Accounting Service (DFAS) 
that her position may qualify for the PACS program.  However, 
the program required her to submit proof of meeting this public 
service obligation within one year after the time she would have 
reached 20 years on active duty.  In this case she would have 
had to contact DMDC by 3 Oct 00.

Her DD Form 214, includes a statement about “recomputation of 
retired pay at 62” and also states that it was governed by a 
Section of Public Law, which she now understands to be the TERA 
program.  She did not research the law upon discharge, nor was 
she aware that she needed to declare her PACS qualification.  
She learned this when she started her inquiry process with DFAS 
in Nov 12.

She should receive this credit since she worked at a consistent 
pace to obtain her degree to qualify for this program.

In support of her request, the applicant provides a personal 
statement, copies of her DD Form 214, college transcripts, and 
various other documents associated with her request.

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

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that based on the 
statement contained in the member’s application, it is apparent 
she was briefed on the PACS program requirements prior to 
retiring.   

There is no provision in the law to allow a member to 
retroactively register for employment in public or community 
service organizations.  The applicant performed no qualifying 
service prior to the date required by law.  

In the National Defense Authorization Act for Fiscal Year 
1993 (FY93 NDAA), Public Law (PL) 102-484, 23 Oct 92, Congress 
enacted the TERA, which permitted selected military members to 
retire early.  Section 534 of that law gave the Secretary of 
Defense authority to allow Service Secretaries to permit early 
retirement for selected members having more than 15 but less 
than 20 years of active service.  PL 107-314, NDAA for FY03, 
Section 554, extended TERA to 1 Sep 02 at which time the TERA 
authority expired.  

Section 4464 of the FY93 NDAA 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, and where applicable, the 
Survivor Benefit Plan (SBP) base amount 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.

The Air Force provided specific instructions to the field 
through a Military Personnel Flight Letter (MPFL) 93-024, 
Voluntary Early Retirement Program, dated 9 Apr 93.  The 
Department of Defense (DoD) also provided specific information 
on obtaining public and community service credit through DoD 
Instruction 1340.19, Certification of Public and Community 
Service Employment of Military Retirees, dated 17 Nov 93.

The NDAA allowed members retiring under TERA to register in 
advance of the projected retirement date on the Public and 
Community Service Registry maintained under 10 United States 
Code (USC) Section 1143a.  The law allows no provision to 
retroactively register for employment in public or community 
service organizations.

The applicant signed an AF Form 1160, Military Retirement 
Action, dated 9 Feb 94, to request retirement under the TERA.  
Section IV of the form contains the following statement:  “I 
understand that I must register on the Public and Community 
Service Registry at the Family Support Center and that my 
retirement cannot be consummated until my registration has been 
confirmed.”  Based on the procedures established for the TERA 
processing, and the information contained in the retirement 
application (AF Form 1160) signed by the applicant, it appears 
she was properly notified of this program prior to retirement.  

The Defense Manpower Data Collection (DMDC) team shut down the 
public and community service registration site on 20 Feb 09.  In 
order to qualify for this credit, applicants were required to 
turn in proof of public or community service to DMDC not later 
than one year after they would have attained 20 years Total 
Active Federal Military Service (TAFMS) had they been 
continuously on active duty.  

The applicant retired 1 Jul 95, completing 15 years, 8 months, 
and 28 days of active service; therefore, any creditable service 
must have been completed prior to 3 Oct 99 (the date the member 
would have attained 20 years of TAFMS if the applicant had 
continued to serve on active duty).  Based on the reporting 
instructions established by the DMDC, the applicant was required 
to submit record of the creditable service within a year of that 
point or 3 Oct 00.

The applicant’s employment began “after” the date she would have 
reached 20 years TAFMS and would not have been creditable under 
this program.  The applicant indicates that she was unable to 
secure a public or community service position due to her 
educational level and believes she should receive credit since 
she worked at a consistent pace to obtain her degree to qualify 
for a creditable position.

The complete DPSOR evaluation, with attachments, is at Exhibit 
B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She asks the Board to consider the handwritten DD Form 2580, 
Department of Defense Job Opportunity Bank Service (JOBS) 
Individual Application, and the DORS/PACS Individual Application 
printout.  She does not recall receiving the PACS briefing and 
cannot find a copy of the AF Form 1160 in her files.  She 
recalls being told that she would revert to her regular retired 
pay at age 62 and filled out the form to qualify for this 
adjustment.  

The applicant's complete response, with attachments, is at 
Exhibit D.

________________________________________________________________

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 to include her 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 and adopt its rationale expressed as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  Accordingly, 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 Docket Number    
BC-2013-00586 in Executive Session on 7 Nov 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

Due to the unavailability of XXXXXXXXX, XXXXXXXXXXX will sign 
as Acting Panel Chair.  The following documentary evidence 
pertaining to Docket Number BC-2013-00586 was considered:

    Exhibit A.  DD Form 149, dated 26 Jan 13, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOR, dated 3 Apr 13.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 13.
    Exhibit D.  Letter, Applicant, dated 15 May 13, w/atchs.




                                   
                                   Acting Panel Chair