RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00500

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her records be updated to reflect that she opted into the Blended Retirement System (BRS). 

APPLICANT’S CONTENTIONS

In the middle of 2018, she opted out of the High-3 retirement system and opted into the Blended Retirement System.  However, she recently noticed that her record does not reflect her Blended Retirement System enrollment and believes that this is some sort of system error.  While she is unable to provide actual evidence, because she was not provided records affirming the change, she is confident that she opted in and would like to fix this error. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force senior airman (E-4) with a Pay Date of 18 July 2017.  Since she had less than 12 years of service as of 31 December 2017, she was grandfathered under the current retirement system but was eligible to opt into the Blended Retirement System.

The Military Personnel Data System indicates that the applicant completed the Blended Retirement System training on 4 October 2017 and was given the standard opt-in window expiration date of 31 December 2018.  It does not indicate that the applicant elected to opt into the Blended Retirement System.  

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.  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.

For more information, see Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SSR, recommends denying the applicant’s request to enroll her into the Blended Retirement System.  AFPC contacted DFAS, who in turn contacted the myPay office to conduct an audit on the applicant’s records and it was determined that there were no Blended Retirement System transactions completed by the applicant in 2018.  Furthermore, the myPay office confirmed the Blended Retirement System option was available to the applicant during several occasions that the applicant had logged into her myPay account.  As such, AFPC cannot support the applicant’s request to make an exception and enroll her into the Blended Retirement System (BRS).  

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 19 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/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions. The Board notes, the applicant was properly notified of her eligibility to opt into the Blended Retirement System (BRS) and the circumstances surrounding the applicant’s failure to make an election, verify that her request was complete, or access to the opt-in module are not extraordinary or exceptional compared to similarly situated service members.  The Board also notes that DFAS conducted an audit and found that the applicant had the module available in myPay and given her middle of 2018 date, she had plenty of time to confirm that her records were properly updated.  Therefore, the Board recommends against correcting the applicant’s records.  

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 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-2021-00500 in Executive Session on 20 Jul 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, w/atchs, dated 9 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DP2SSR, w/atch, dated 19 March 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 19 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.