RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00700
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His retirement pay be adjusted to account for public service
performed as a Temporary Early Retirement Authority (TERA)
retiree.
APPLICANT CONTENDS THAT:
While he did not complete the required paperwork prior to the
end of TERA, he wants public service credit for his years of
work in the Public and Community arena for the recomputation of
his retired pay.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is a former service member who retired on 1 Jul 95
under TERA and was credited with 15 years, 9 months, and 6 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. While DMDC indicates that retirees
may not have been properly advised on the program and that
relief should be granted when feasible, AFPC/DPSOR indicates
that it appears the applicant was aware and properly notified of
the program prior to his retirement. There is no evidence
showing the applicant filed the required paperwork for the
program within the required timeframe. Furthermore there is no
evidence the applicant was not properly notified of the program
prior to his retirement.
Under 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 and accrue additional military retirement credits
if they gained employment with qualifying public or community
service organizations. Qualifying public and community service
job vacancies included education, conservation, environment
protection, law enforcement, and public health care positions.
However, service members were required to register for the
program prior to retirement and there are no provisions under
law to retroactively register for employment in public or
community service organizations. Furthermore, in order for the
qualifying public and community service work to be creditable
towards recomputation of retired pay, such work had to take
place during the period between the applicants retirement from
active duty (1 Jul 95) and the date the member would have
attained 20 years of active service (24 Oct 98).
Properly registered applicants were required to turn in proof of
qualifying public or community service to the Defense Manpower
Data Center (DMDC) not later than one year after they would have
reached 20 years of Total Active Federal Military Service
(TAFMS) had they been continuously on active duty. The
applicant retired on 1 Jul 95; therefore, he must have completed
any creditable service prior to 24 Oct 98, and attempted to
claim credit for such service prior to 24 Oct 99. The evidence
provided indicates the applicant was briefed on the program
requirements prior to his retirement, but, for whatever reason,
did not timely file his claim for credit.
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 25 Aug 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction
36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicants failure to file in a timely
manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00700 in Executive Session on 27 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 11 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 6 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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