IN THE CASE OF:	  

		BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130002353 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her records to show she submitted a Public and Community Service (PACS) application in a timely manner.

2.  The applicant states she retired under the 1993 to 2001 temporary early retirement authority (TERA).  She did not submit a PACS application within the required timeframe and is requesting the opportunity to do so now.  When she retired, she does not recall receiving any clear information on submitting the application or the process of how to submit it.  This will impact her military retired pay for the rest of her life.  She will turn 62 this year. 

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant was born on XX November 1951.  

3.  Her records show that she was appointed as a second lieutenant U.S. Army Reserve officer on 3 April 1979 and she entered active duty on 18 July 1979.  She was promoted to the rank/grade of major (MAJ)/O-4 in the Regular Army on 1 December 1990 and she held military occupational specialty (MOS) 66H (Surgical Nurse).  

4.  She applied for and was approved for voluntary early retirement under the fiscal year 1994 (FY94) Early Retirement Program.  

5.  Her records contain a memorandum, undated, to her major subordinate commander, issued by the U.S. Total Army Personnel Command, wherein it stated that, in compliance with Public Law 102-484, she must receive the required preseparation counseling and must be listed with the PACS.  The servicing Army Career and Alumni Program (ACAP) or Army Community Service Center if no ACAP was available would provide the required counseling and assistance in registering for PACS.

6.  Her records also contain Orders S13-13, dated 24 January 1994, issued by the U.S. Total Army Personnel Command, wherein it stated she was retired from active service effective 31 August 1994 and placed on the retired list on 1 September 1994.  The special instructions on these orders, in part, stated “You must be registered with PACS” (emphasis added).

7.  She was honorably retired on 31 August 1994 in the rank of MAJ by reason of voluntary early retirement.  She completed 15 years, 1 month, and 13 days of creditable active service.

8.  Had the applicant remained on active duty, she would have completed 20 years of active service on 17 July 1999.

9.  Department of the Army Military Personnel Message 93-164, dated 10 April 1993, prescribes eligibility requirements and application procedures for early retirement for enlisted Soldiers under the FY94 Early Retirement Program, and states that personnel approved for early retirement will receive the same benefits as individuals with 20 or more years of service except their retirement pay will be reduced.  The TERA would be used to retire members whose skills and MOS were excess to the Army’s short term and long term needs.  Individuals approved for early retirement had to depart active duty no later than 31 August 1994 

10.  The PACS Program allowed TERA retirees to apply some post-retirement employment (with certain pre-approved employers) towards their military retirement starting at age 62.   PACS credit was authorized up to the time the member would have met 20 years of military service had they remained on active duty.  This period was called the Enhanced Retirement Qualification Period (ERQP).  Retirees were required to document their employment using a DD Form 2676 (Validation of Public or Community Service Employment) and submit the form to the Defense Manpower Data Center (DMDC).  The timeline to submit PACS applications to the DMDC ended 1 year to the day after the member’s ERQP expired.  DMDC is no longer authorized to accept any new PACS applications.  The program officially expired in August 2008 (1 year after the last official TERA recipient’s ERQP expired). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant retired under the provisions of the FY94 Early Retirement Program on 31 August 1994.  The details of the Early Retirement Program, its requirements and benefits, were heavily briefed to Soldiers planning to retire under the program during the period it was authorized.

2.  In accordance with the PACS Program, she was allowed to apply some post-retirement employment with certain pre-approved employers up until her ERQP of 17 July 1999.  PACS applications were to be submitted to DMDC up to 1 year after the Soldier's ERQP, which in her case was 17 July 2000.  She verified that she did not do so.  In addition, she provides no evidence that shows she was employed by a pre-approved employer.  Therefore, she is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case



are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   ___X____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130002353





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ABCMR Record of Proceedings (cont)                                         AR20130002353



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