RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00067
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He receive constructive service credit (CSC) under the
Public and Community Service (PACS) program for his teaching.
2. His retired pay be recomputed at age 62 utilizing the CSC.
APPLICANT CONTENDS THAT:
He either did not understand or was not properly briefed on the
PACS Program at the time of his separation. On the day he
sought additional information from his Air Force base on the
PACS program, the assistance center was closed. This was before
the age of the Internet, and he could not find anyone who could
provide additional guidance. He completed his public service
within the required three years of his separation, but he was
under the impression his PACS documentation needed to be
submitted prior to his turning 62 years old rather than within
one year of completing the service. He actually taught in an
urban school for a total of 17 years, assisted by the Troops to
Teachers Program. Therefore, he should be granted an extension
to the PACS filing deadline outlined in the NDAA.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
24 Oct 78.
On 1 Jul 95, the applicant retired under the Temporary Early
Retirement Authority (TERA) program, after serving 16 years,
11 months, and 4 days of total 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 1993 National Defense
Authorization Act (FY93NDAA) enacted TERA, which permitted
selected military members to retire early. TERA gave the
Secretary of Defense authority to allow the Service Secretaries
to permit early retirement for selected military members having
more than 15 but less than 20 year so active service. It also
allowed members retired under TERA to perform public and
community service (PACS) 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 attained or would have attained
62 years of age. Qualifying public and community service jobs
included education, conservation, environmental protection, law
enforcement, and public health care positions.
The FY93NDAA allowed members retiring under TERA to register on
the PACS Registry in advance of the projected retirement date.
The law allows no provision to retroactively register for
employment in public or community service organizations. Per
DoDI 1340.9, Certification of Public and Community Service
Employment of Military Retirees, the veteran must have performed
public/community service within the period beginning on the
date of retirement and ending on the date the retired member
would have attained 20 years of creditable service for computing
retired pay, and all reporting shall be completed by the
retiree no later than one year after they would have attained
20 years of Total Active Federal Military Service (TAFMS) had
they continued on active duty.
The applicant retired under TERA effective 1 Jul 95. Had he
continued on active duty, he would have had 20 years of TAFMS on
24 Oct 98. Therefore, he had until 24 Oct 99 to report his
qualifying employment. The applicant provided documentation
showing he was employed as a teacher from 15 Sep 95 through
26 Aug 99. Unfortunately, the necessary documentation needed
for PACS registration was not provided, and the applicant did
not provide a timely PACS submission.
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 19 Jul 14 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-2014-00067 in Executive Session on 22 Jan 15 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 17 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 19 Jul 14.
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