RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01718
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His retired pay be recalculated when he turns 62 years old to
include public community service he performed after he retired
in accordance with the Temporary Early Retirement Authority
(TERA).
APPLICANT CONTENDS THAT:
He was not informed that he was required to submit a Public and
Community Service Registry (PACS) application in order to
qualify to have his retired pay recomputed when he turns 62 to
account for his public and community service performed after he
retired. He contacted the Air Force Personnel Center (AFPC) to
inquire about having his retired pay recalculated when he turns
62, but was told the program ended in FY 08. His DD Form 214,
Certificate of Release or Discharge from Active Duty, Item 18.
REMARKS, states Member is retiring as provided by Section 4403
of the FY93 National Defense Authorization Act (PL 102-484) and
may qualify for a recomputation of retired pay at age 62
pursuant to Section 4464 of the same law.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
5 Dec 75.
On 31 Oct 94, the applicant was released from active duty and
retired, effective 1 Nov 94, under the provisions of TERA, and
was credited with 18 years, 10 months, and 26 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 injustice. The applicant signed the AF Form 1160,
Military Retirement Actions, which states in section IV,
Remarks, I understand that I must register on the PACS registry
at the Family Support center and that my retirement cannot be
consummated until my registration has been confirmed. 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 the Service Secretaries to permit early retirement for
selected military members having more than 15 but less than
20 years of active service. 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
when the retired member attains or would have attained 62 years
of age.
Military Personnel Flight Letter (MPFL) 93-024, dated 9 Apr 93
provided specific instructions regarding obtaining public and
community service credit and that information was provided to
the applicant by the Family Support Center (FSC). He also
signed an AF Form 1160, Military Retirement Action, dated
29 Dec 93, to request retirement under the TERA. Section IV of
the form contains a statement where he acknowledged the
requirement to register at the FSC and that retirement cannot be
consummated until registration has been confirmed.
Additionally, applicants were required to turn in proof of
public or community service to the Defense Manpower Data
Collection (DMDC) no later than one year after they would have
attained 20 years of total active federal military service
(TAFMS), which, in the applicants case, would have been no
later than 6 Dec 96. It is apparent the applicant was briefed
on the public and community service program requirements prior
to retiring. There are no provisions in the law that allows
retroactive registration for employment in public or community
service organizations. The applicant was required to report
creditable service within one year of the date he would have
completed 20 years of total active federal military service
(TAFMS), which was on 6 Dec 96. This was not accomplished
within the required time.
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 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 timely filed.
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 or injustice.
Therefore, 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 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-2014-01718 in Executive Session on 19 Mar 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 18 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 14.
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