RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01591

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His retirement pay be recomputed upon reaching 62 years of age 
based on participation in the Public and Community Service 
(PACS) program.


APPLICANT CONTENDS THAT:

He has been employed as an Air Force Junior Reserve Officer 
Candidate (AFJROTC) instructor since August 1995, which is 
qualifying employment under the PACS program, and therefore 
should be creditable towards recomputed retired pay when he 
turns age 62.


STATEMENT OF FACTS:

On 1 May 78, the applicant initially entered the Regular Air 
Force.

On 1 Feb 94, according to the applicant’s AF Form 1160, Military 
Retirement Actions, the applicant applied for retirement, 
effective 1 Jul 95, and acknowledged that he was required to 
register with Public and Community Service Registry for his 
retirement to be approved.

On 30 Jun 95, the applicant was relieved from active duty and 
retired under Temporary Early Retirement Authority (TERA), 
effective 1 Jul 95, and was credited with 17 years and 2 months 
of active service.  The remarks section of his DD Form 214, 
Certificate of Release or Discharge from Active Duty, reflects 
the following:  “Member is retiring as provided by Section 4403 
of the FY93 National Defense Authorization Act and may qualify 
for a recomputation of retired pay at age 62 pursuant to Section 
4464 of the same law.”

On 1 May 98, the applicant would have attained 20 years Total 
Active Military Service (TAFMS), had he been continuously on 
active duty.
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 authority to participate in the 
PACS program is found in the Fiscal Year 1993 National Defense 
Authorization Act (NDAA).  Eligible members who retired under 
TERA were allowed to receive credit for qualifying public and 
community service toward recomputed retired pay when a member 
attained the age of 62.

To document participation in the PACS program, members were 
required to turn in proof of public or community service to 
Defense Manpower Data Collection (DMDC) not later than one year 
after they would have attained 20 years TAFMS, had they been 
continuously on active duty.  Accordingly, the applicant should 
have submitted proof of employment no later than 1 May 99.

DOD Instruction 1340.19, Certification of Public and Community 
Service Employment of Military Retirees, states veterans 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 also states all reporting 
should have been completed by the retiree no later than one year 
following the enhanced retirement qualification period (ERQP).  
Because the applicant would have attained 20 years of total 
active federal service on 1 May 98, his ERQP was from 1 Jul 95 
to 1 May 98.

While DMDC shut down the PACS registration site on 20 Feb 09, a 
DMDC representative indicated many TERA retirees were not 
registered and very few provided the information regarding 
employment during their ERQP.  Further, the Services may not 
have advertised these requirements to the retirees appropriately 
and relief should be provided through the Services' correction 
boards whenever feasible.

It is recommended the Board deny this request because the 
applicant did not report his qualifying employment to DMDC as 
required no later than 1 May 99, nor did he provide evidence of 
qualifying employment (beginning on the date of his retirement).
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides additional supporting documentation to 
validate qualifying employment, from 7 Aug 95 to 31 Jul 98, in 
the form of his DD Form 2676, Validation of Public of Community 
Service Employment, which is signed by his employer.


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 applicant’s 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.  
While the applicant has presented documentary evidence 
indicating that he was employed in a qualifying capacity that 
would qualify for credit under the PACS program, the evidence of 
record also indicates that he did not register for this program 
during the time he was required to do so.  While we note the 
comments of the Air Force OPR indicating that a DMDC 
representative said the Services may not have advertised these 
requirements to the retirees appropriately, the evidence of 
record indicates the opposite.  In this respect, we note the 
applicant’s retirement application and DD Form 214 describe this 
requirement and served to put the applicant on notice regarding 
the requirement to register for the program no later than one 
year following the enhanced retirement qualification period 
(ERQP), or 1 May 99.  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-2014-01591 in Executive Session on 25 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01591 was considered:

	Exhibit A.  DD Form 149, dated 24 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 1 Aug 14.
Exhibit D.  Letter, Applicant, dated 9 Oct 14
Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 14.