RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02816
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His retirement pay be adjusted to provide credit for public
service performed as a Temporary Early Retirement Authority (TERA)
retiree.
APPLICANT CONTENDS THAT:
He should receive credit for his time in Federal Service. He
recently turned age 62 and noticed a statement on his DD Form 214,
Certificate of Release or Discharge from Active Duty, that he
could request an adjustment of his retired pay.
In support of his request, the applicant provides copies of his DD
Form 214 and Standard Form 50, Notification of Personnel Action.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants DD Form 214, Item 28, Remarks, states in part that
Member is retiring as provided by Section 4403 of the
FY94 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 applicant retired effective 1 September 1994 under the TERA
and served 16 Years, 5 months and 21 days of active duty.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The National Defense Authorization
Act allowed members retiring under TERA to register in advance of
the projected retirement date on the Public and Community Service
Registry maintained under 10 USC § 1143a. The law allows no
provision to retroactively register for employment in public or
community service organizations. Based on the procedures
established for the TERA processing, and the information contained
in the retirement application signed by the applicant, it appears
he was properly notified of the program requirements prior to
retirement. The applicant was required to turn in proof of public
or community service to the Defense Manpower Data Collection
(DMDC) team not later than one year after he would have attained
20 years Total Active Federal Military Service (TAFMS) had he been
continuously on active duty. DPSOR contacted a representative
from the DMDC who verified the applicant was not registered and
did not provide the required documentation during the established
reporting period. Based on the statement contained in the
applicants retirement application, it appears he was properly
briefed on the public and community service program requirements
prior to retiring.
The complete DPSOR evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 28 November 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
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 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 and adopt the
rationale expressed 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 this application in
Executive Session on 9 April 2015, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02816 was considered:
Exhibit A. DD Form 149, dated 10 July 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 12 November 2014,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 November 2014.
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