RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02659
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be credited with 3 years and 11 months of additional military service for the purpose of calculating his military retirement annuity for his service as a member of the Department of Defense (DoD) Civil Service.
APPLICANT CONTENDS THAT:
He retired under the Temporary Early Retirement Authority (TERA), which authorized additional military credit through the Public and Community Service Employment Program. He worked in civil service immediately following his release from active duty from Sep 94 through Aug 98, which totals 3 years and 11 months. Under TERA, this additional credit puts him over 20 years of military service for retirement calculations. He was not aware of this authority until this year.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 30 May 75.
On 1 Oct 94, the applicant retired under TERA, and was credited with 16 years, 9 months, and 13 days of total active service.
On 25 Oct 95, the applicants records were corrected by direction of the AFBCMR (Docket Number 95-01509) to reflect that he was registered on the Public Community Service Registry prior to his retirement.
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 FY93 National Defense Authorization Act (NDAA) enacted TERA, which permitted selected military members having more than 15 years but less than 20 years of service to retire early. 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, and where applicable, the Survivor Benefit Plan (SBP) base amount when the retired member attained or would have attained 62 years of age. Public and community service job vacancies included education, conservation, environmental protection, law enforcement, and public health care positions. Per DoDI 1340.19, 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. This is referred to as the veterans enhanced retirement qualification period or ERQP. All reporting under his program should have been completed no later than one year following the ERQP. The law allows no provision to retroactively register for employment in the public or community service organizations.
While the applicant claims he was not aware of these provisions until 3 Jun 14, he applied to the AFBCMR and was issued an AFBCMR decision, dated 25 Oct 95, which directed that his records be corrected to reflect he registered on the Public Community Service Registry prior to his retirement. In addition, the applicant contends his DoD Civil Service employment should make him eligible for the program; however, he submitted no documentation to determine if his civil service employment met the guidelines of eligibility. The Defense Manpower Data Collection (DMDC) shut down the public and community service registration on 20 Feb 09. Program participants were required to turn in proof of their public or community service not later than one year after they would have attained 20 years of Total Active Federal Military Service (TAFMS) had they been continuously on active duty. The applicant retired 1 Oct 94, was credited with 16 years, 9 months, and 12 days of active service, and would have attained 20 years of TAFMS in 1997, so his program information was due in 1998. It is apparent the applicant was knowledgeable of the public and community service program requirements through his AFBCMR decision on 25 Oct 95.
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 27 Oct 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-2014-02659 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence as considered:
Exhibit A. DD Form 149, dated 23 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 19 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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