RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04709

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT’S REQUEST

He be eligible to receive his Continuation Pay (CP) under the Blended Retirement System (BRS).

APPLICANT’S CONTENTIONS

On 5 October 2018, he made an election for Continuation Pay under the Blended Retirement System, but since he passed the 12-year anniversary of his “Pay Date,” his request was denied.  While education regarding the Blended Retirement System was well distributed, the portion regarding Continuation Pay was not well understood.   Although, he received an e-mail in March of 2018 notifying him of his eligibility, the e-mail only had a link to acknowledge the notification, and it did not provide a way to elect or apply for Continuation Pay.  After making several inquiries online and to his local finance office regarding the application process, he finally received an answer from the Total Force Service Center (TFSC) in September of 2018; however, at this point he was past the 31 May 2018 due date.  As such, he requests an exception to policy since his year group was the first to be eligible for Continuation Pay and the short timeline of events leading up to the new program only afforded him a 6-month window to understand and apply for Continuation Pay.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force major (O-4).  

The Military Personnel Data System shows that the applicant’s actual “Pay Date” (also referred to as the Pay Entry Base Date [PEBD]) is 31 May 2006.  Since he had less than 12 years of service as of 31 December 2017, he was eligible to opt-in to the Blended Retirement System.  Furthermore, under the Blended Retirement System, the applicant was eligible for Continuation Pay, provided his election was made prior to the 12th anniversary of his “Pay Date” (31 May 2018).  

On 16 March 2018, an e-mail from the Total Force Service Center, provided by the applicant, indicates that he was notified of his eligibility for Continuation Pay in 2018.  
   
On 3 October 2018, Continuation Pay Statement of Understanding and Election, provided by the applicant, was signed by himself and his commander.  
	
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

APPLICABLE AUTHORITY:

Sections 631 through 635 of Public Law 114-92, the National Defense Authorization Act for Fiscal Year 2016, amended in Public Law 114-80, National Defense Authorization Act for Fiscal Year 2017.

On 27 January 2017, the Deputy Secretary of Defense implemented guidance for the newly created retirement system for the Uniformed Services, which was enacted in the 2016 National Defense Authorization Act for Fiscal Year 2016.  This system, called the Blended Retirement System combines the traditional legacy retirement pension, also known as a defined benefit, with a defined contribution benefit into a Thrift Savings Plan.  The Blended Retirement System went into effect on 1 January 2018.  

Active component Service members with fewer than 12 years of service as of 31 December 2017, calculated from their Pay Entry Base Date [PEBD] (for the Air Force it is referred to as the “Pay Date”), and members of the National Guard or Reserve who have accrued fewer than 4,320 points as of 31 December 2017, are also grandfathered under the current retirement system but may choose to opt-in to the Blended Retirement System.  

In addition, members of the Uniformed Services who are covered by the Blended Retirement System are eligible to receive a one-time, mid-career bonus payment in exchange for an agreement to perform additional obligated service.  Service members eligible to receive continuation pay must have completed not less than 8 and not more than 12 years of service, as computed from the members Pay Entry Base Date (otherwise referred to in the Air Force as the “Pay Date”). 

For more information, see Exhibit C.

AIR FORCE EVALUATION

AFPC/DPSIM, recommends denying the application.  There is no evidence to determine the applicant did not have enough information to apply for Blended Retirement System (BRS) Continuation Pay (CP).   The applicant received notification of eligibility of Continuation Pay on 16 March 2018, but did not make an election until after his 12-year anniversary date expired on 31 May 2018.  As such, the applicant was properly notified of Continuation Pay eligibility and had sufficient time to process his statement of understanding. 

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 18 December 2019 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSIM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04709 in Executive Session on 17 Mar 20:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSIM, dated 10 December 2019.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 18 December 2019.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.