RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00312

XXXXXXXXXXXX	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

He had no knowledge of the Blended Retirement System Continuation Pay incentive notification allegedly sent to him on 19 October 2019 and no knowledge of receipt of his Statement of Understanding for Continuation Pay.  While the system supposedly states he received and acknowledged notification for continuation pay, he believe that this is not the case because he doubts he would have been so naïve to miss the opportunity.  Furthermore, this is something that he would not have overlooked.  For example, he applied for retraining just to get a selective reenlistment bonus and pursued that relentlessly by working with his military personnel flight, his finance office and AFPC for months until he received it.    

He is a father of three and if there was an option for a guaranteed bonus, there's no way he would have let the opportunity just slip away.  Finally, he believes he is entitled to the continuation pay incentive, because he met the criteria and he feels he is being robbed of the incentive.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force technical sergeant (E-6).  

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 8 January 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 28 February 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” (8 January 2020). 

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

APPLICABLE AUTHORITY

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.   

For more information, see Exhibit C.

AIR FORCE EVALUATION

AFPC/DPSIM, recommends denying the application.  The applicant opted into the Blended Retirement System program in 2018 and received an email notification 90 days prior to their 12 year pay anniversary.  The applicant acknowledged receipt of their eligibility for continuation pay and was provided instructions on how to apply.  

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 7 June 2021 for comment (Exhibit E), and 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-2021-00312 in Executive Session on 14 Sep 21:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 8 January 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSIM, dated 6 June 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 26 January 2021.
Exhibit F:	Applicant’s response, w/atchs, dated 7 June 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.