RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00198

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive Continuation Pay (CP) under the Blended Retirement System (BRS).

APPLICANT’S CONTENTIONS

He opted into the Blended Retirement System on 3 January 2018, but he was never contacted about his Continuation Pay eligibility.  In this regard, he should have received notification 180 days prior to the anniversary date of his 12 year Total Active Federal Military Service Date (TAFMSD), therefore, he never had the opportunity to opt in or receive the continuation pay.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force master master sergeant (E-7).  

The Military Personnel Data System (MilPDS) shows that the applicant’s actual “Pay Date” (also referred to as the Pay Entry Base Date [PEBD]) is 4 November 2008.  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 and did so on 3 January 2018.  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” (4 November 2020).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

APPLICABLE GUIDANCE

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.

Standard Blended Retirement System Guidance: 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.  Service members who enter the Uniformed Services on or after 1 January 2018, are automatically enrolled in the Blended Retirement System.

Active component Service members with 12 years (or more) of service prior to 31 December 2017, and National Guard and Reserve service members who have accrued more than 4,320 retirement points as of 31 December 2017, are grandfathered under the legacy retirement system and their current retirement plan will not change.

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.  Service members who chose to enroll had to affirm on the myPay website that they had completed the mandatory training and acknowledge that the decision to enroll in the Blended Retirement System is irrevocable.  The opt-in window for most Airmen closed on 31 December 2018.

Guidance on Continuation Pay:  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”).  According to a myPers article, Blended Retirement System Continuation Pay, updated on 12 March 2021, “Airmen will be notified of their potential eligibility for BRS CP and receive a BRS CP Election SOU via myPers messaging starting approximately 90 days prior to the potential BRS CP effective date.”  In addition, the Continuation Pay fact sheet pulled from myPers states that notification for Continuation Pay will start 60 days before a member’s 12th year of service.   

The applicable guidance is at Exhibit C.

AIR FORCE EVALUATION

AFPC/DPSSM, recommends partially granting the applicant’s request to allow them to opt-into the Blended Retirement System Continuation Pay (BRS CP) benefit as long as the applicant obtains nine months of retainability and submits their Statement of Understanding.   While the applicant opted into the Blended Retirement System program in 2018, they never received an email notification 90 days prior to their 12-year pay anniversary in accordance with BRS CP Policy.  As such, DPSSM recommends that the Board grant his request, but with a 30 day opt-in window from the date of the Board’s decision, in which the applicant must obtain retanability and submit their SOU.   

According to the FY 17 National Defense Authorization Act (NDAA), the FY18 NDAA, Office of the Secretary of Defense (OSD) Blended Retirement System (BRS) Policy dated 27 Jan 17, Secretary of the Air Force Blended Retirement System (BRS) Continuation Pay (CP) Policy dated 21 Nov 17, 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 Blended Retirement System 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 28 April 2021 for comment (Exhibit E), and the applicant replied on 10 May 2021.  In his response, the applicant states that he agrees with the information provided by AFPC/DPSSM and is willing to expeditiously attain the required retainability and provide the Statement of Understanding should the Board grant his request to claim the Continuation Pay benefit.   The applicant’s complete response is at Exhibit F.

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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSSM and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, AFPC/DPSSM has confirmed that the applicant was never notified of his Continuation Pay eligibility in accordance with the Continuation Pay policy, which is sufficient to justify granting the applicant’s request to allow him the opportunity to opt-in, provided he obtains the required retainability and completes his Statement of Understanding.  However, the Board recommends the applicant be given the full 90 days to make the decision to opt-in.  As for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he be given ninety (90) days from the date he is notified of the Board’s decision to elect Blended Retirement Continuation Pay, but only upon obtaining the required retainability and completing the Continuation Pay Statement of Understanding.  

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-00198 in Executive Session on 20 Jul 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 January 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSSM, dated 21 April 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 28 April 2021.
Exhibit F:	Applicant’s response, dated 10 May 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.