RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03367

XXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

According to his Blended Retirement System Statement of Understanding (SOU), he required 48 months of retainability to receive the Blended Retirement System Continuation Pay (BRS CP) incentive.  However, he was unaware he could extend his February 2020 reenlistment and had he known, he would have done so to receive the incentive.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force staff sergeant (E-5).  

The Military Personnel Data System (MilPDS) shows the applicant’s actual “Pay Date” (also referred to as the Pay Entry Base Date [PEBD]) is 28 October 2008.  Since he had less than 12 years of service as of 31 December 2017, he was eligible to opt-in to the BRS and did so on 14 February 2018. Furthermore, under the BRS, the applicant was eligible for Continuation Pay, provided his election was made prior to the 12th anniversary of his “Pay Date” (28 October 2020) and had committed to a four year active duty service commitment (ADSC).   

On 22 Dec 2020, AF Form 1411, Extension of Enlistment in the Air Force, shows that the  reenlistment the applicant entered into on 2 December 2019 for a period of 4 years and 3 months, be extended a period of 15 months.  This was the first extension to the applicant’s current enlistment and based on the extension the applicant received a new date of separation (DOS) of 1 March 2024.
   
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 BRS combines the traditional legacy retirement pension, also known as a defined benefit, with a defined contribution benefit into a Thrift Savings Plan.  The BRS 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 BRS.  

In addition, members of the Uniformed Services who are covered by the BRS 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.  The applicant was notified on 7 July 2020 via myPers incident 200707-007860 that they needed to obtain 48 months retainability and to contact their local military personnel flight (MPF) to initiate the extension or reenlistment process.  If the applicant had gone to his MPF and requested assistance, they would have advised him that he was in fact eligible to extend for the reason of accepting continuation pay.  When the applicant failed to do so, he lost his continuation pay benefits. 

According to the FY17 National Defense Authorization Act (NDAA), the FY18 NDAA, Office of the Secretary of Defense (OSD) BRS Policy dated 27 January 2017, Secretary of the Air Force BRS Continuation Pay (CP) Policy dated 21 November 2017, and Personnel Services Delivery Memorandum 7-88, a member cannot elect continuation pay after 12 years of service.  It further states that when a member is within 90 days of their BRS Continuation Pay effective date, they will receive a notification message generated by myPers. In that message, there will be a Statement of Understanding that the member can download, sign, get approved by their commander, and submit back to the Air Force Personnel Center (AFPC) via the auto-generated incident in myPers.  No Exception to Policy (ETP) are authorized as this program is governed by law.  Failure to meet any of the eligibility criteria renders a member ineligible for Continuation Pay.

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 12 March 2021 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-2020-03367 in Executive Session on 28 April 2021:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form, dated 10 November 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSSM, dated 3 March 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 12 March 2021.

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.