RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00017
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be credited with sufficient active duty service under the Public and Community Service Program to allow him to obtain 20 years of active duty.
APPLICANT CONTENDS THAT:
His public service as a teacher qualifies for active duty service under the Temporary Early Retirement Authority (TERA) Public and Community Service Program. He served as a university professor from Mar 95 through Sep 97, and as an adjunct professor from 2000 to 2010. In addition, he worked as a substitute teacher for high school, middle school, and elementary school classes. The Personnel office told him he could not apply until he was 62 years old.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 16 Nov 78.
On 1 Oct 94, the applicant retired under TERA after serving 18 years, 11 months, and 29 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant states he was informed the public service would be credited, but action could not be take until 2013. In the National Defense Authorization Act for Fiscal Year 1993 (FY93 NDAA), Public Law 102-484, dated 23 Oct 92, Congress enacted TERA, which permitted selected military members to retire with more than 15 but less than 20 years of service. FY93 NDAA §4464 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. For this purpose public and community service jobs included education. However, the FY93 NDAA stated members retiring under TERA were to register in advance of the projected retirement date of the Public and Community Service Registry, and allowed no provisions to retroactively register for employment. Further, applicants were required to turn in proof of public or community service to the Defense Management Data Center (DMDC) not later than one year after they would have attained 20 years of Total Active Federal Military Service (TAFMS) had they continued to serve on active duty. The applicants TAFMSD is 2 Oct 75. The applicant retired under TERA, effective 1 Oct 94. Therefore, the only period during which he could have accomplished creditable public service under the Public and Community Service Program was between 1 Oct 94 and 1 Oct 95. The applicant did not provide any documentation indicating he was employed during this period of time. Unfortunately, the applicant only provided documentation to confirm employment from 21 Jun 96 through 19 Jul 11. In addition, the applicant had to report his qualifying employment to DMDC by 30 Sep 96. The applicant did not provide sufficient evidence of public/community service during the period of the program.
A complete copy of the AFPC/DPSOR 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 21 Jul 2014 for review and comment within 30 days (Exhibit D). 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. We took notice of the applicants complete submission 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-00017 in Executive Session on 2 Dec 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 6 May 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 2014.
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