RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02172

XXXXXXXXXXXXXX	COUNSEL: NONE

 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

On 12 November 2020, he received an email notifying him of his eligibility for Continuation Pay and subsequently completed the acknowledgement of pay options.  However, due to system errors, multiple administrative oversights and misinformation by the Air Force Personnel Center and his Military Personnel Flight his request for Continuation Pay was never processed.  Of specific note, he was told by his Military Personnel Flight that he did not need to complete a Statement of Understanding as long as he reenlisted within the 30 day window of his 12 year anniversary date (29 March 2021).  Shortly after receiving the information he deployed and once he arrived to his deployed location on 16 March 2021 he began working with the deployed office to fill out his reenlistment checklist and chose the reason for his reenlistment was for Continuation Pay.  He then received his contract paperwork on 15 April 2021 and subsequently reenlisted on 19 April 2021, which was within the 30 days of his 12 year mark.  Based on all of the erroneous information he was given he thought that he had successfully completed his application for Continuation Pay.  He then realized that he was never informed on how he would receive payment and upon further inquiry he was told that he needed to complete the Statement of Understanding and route it through myPers.  On 5 May 2021 he routed his signed Statement of Understanding; however, because he was past the 12 year mark his request was denied.   

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 the applicant’s actual “Pay Date” (also referred to as the Pay Entry Base Date [PEBD]) is 30 March 2009.  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” (29 March 2021).   

On 8 April 2021, a Standardized Reenlistment Checklist, provided by the applicant shows his request of an indefinite reenlistment to his High Year of Tenure for the purpose of Continuation Pay under the Blended Retirement System.  

On 19 April 2021, DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, shows that the applicant reenlisted for an unspecified period that would allow him to serve up to his High Year of Tenure for his current rank.  His current High Year of Tenure date is 30 March 2031.  

On 5 May 2021, according to “Continuation Pay Statement of Understanding and Election,” provided by the applicant, he requested Continuation Pay.  On that same date, his commander approved his request; however, the request was initiated after the 29 March 2021 anniversary date of his12th year from his Pay Date.  

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

APPLICABLE AUTHORITY/GUIDANCE

General Blended Retirement System 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.

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.  

Guidance on Continuation Pay: In accordance with AFI 36-3012, Military Entitlements, Chapter 4, Continuation Pay and Personnel Services Delivery (PSD) Guide, Blended Retirement System (BRS) Continuation (CP) Execution, Organization, and Responsibilities: 

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. The amount is determined by applying a multiplier to the member’s monthly base pay. For RegAF Airmen, the multiplier is 2.5 and for ANG or AFR Airmen, the multiplier is 0.5.

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”).  In addition, the member must complete the Statement of Understanding and Election (SOU), obtain their commander’s approval for Continuation Pay, and commit to a four year military service obligation. The election for Continuation Pay must be made prior to the member’s 12th year of service based on pay date but no earlier than 90 days in advance.

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 granting the application. The applicant acknowledged their eligibility for Continuation Pay via myPers incident 201112-008995 on 12 November 2020. This message informed the applicant that an incident would automatically be created for them to submit their completed Statement of Understanding for processing; however, the message did not auto-generate and the applicant could not submit the form.  Once the member passed their 12 year mark they reached out to inquire about the commencement of his Continuation Pay and was misinformed by his Military Personnel Flight that it was automatic after he reenlisted.  The applicant was then told in myPers incidents 210509-000055 and 210506-000685 that since he had passed his 12 year mark, he was no longer eligible.  Given the system errors, the misinformation he received, and the fact that the applicant obtained the required 48 months of retainability, which solidified his intent for Continuation Pay, DPSIM recommends approval.  

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 21 September 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 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 substantiates the applicant’s contentions.  The Board notes the applicant specifically reenlisted for the purpose of Continuation Pay and through no fault of his own, several administrative oversights precluded him from an approved application.  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 APPLICANT be corrected to show that:

	a.   On 28 March 2021, the applicant submitted a timely and effective Continuation Pay Statement of Understanding and Election in accordance with Public Law 114-80, and his election for Continuation Pay was approved.

	b.  The applicant received a 48 month active duty service commitment (ADSC) in exchange for the approved Continuation Pay election.

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-2021-02172 in Executive Session on 15 March 2022:

, 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 17 June 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSIM, dated 1 September 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 21 September 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.