RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00022

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His AF FM 1411, Extension of Enlistment in the Air Force, be corrected to reflect a period of 40 months with a total of 48 months for all extensions for the purpose of accepting the Blended Retirement System (BRS) Continuation Pay (CP).  

2.  He be eligible to receive his Continuation Pay under the Blended Retirement System. 

APPLICANT’S CONTENTIONS

There was a miscommunication from his Military Personnel Flight (MPF) on the extension to his enlistment and the number of months or retainability he needed for Continuation Pay.  This error caused the incorrect number of months and a miscalculation on his AF FM 1411, which subsequently caused him to lose his Continuation Pay benefit.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 23 June 2016, the applicant enlisted for six years and was given a date of separation of 22 June 2022.

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 2 December 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 2 April 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” (2 December 2021) and he obtained 48 months of retainability from the effective date (i.e. Date of Separation of 2 December 2025). 

On 8 September 2021, according to “Continuation Pay Statement of Understanding and Election,” provided by the applicant, he requested Continuation Pay.  On 24 September 2021, his commander approved his request.  

On 7 October 21, AF Form 1411, Extension of Enlistment in the Air Force, provided by the applicant, shows that his commander approved a 30 month extension of the applicants 23 June 2016 six year enlistment for the purpose of Continuation Pay.

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/DP2SSM, recommends granting the application.  The evidence shows that the applicant was misinformed by their servicing MPF on the number of months he needed to secure the required retainability for Continuation Pay.  Although, the applicant and his commander signed the Statement of Understanding prior to the 12 year mark, the faulty extension precluded the applicant from obtaining the 48 months to meet the require service obligation. The applicant also provided their AF 1411, which has not made it into their records but is attached to show the error.  

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 13 April 2022 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/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes, that an administrative oversight precluded the applicant from obtaining the required retainability and submitting a timely Continuation Pay election.  Furthermore, the Board notes, that the Continuation Pay Statement of Understanding was signed prior to the applicant’s 12-year anniversary of his Pay Date and the applicant has agreed to obtain the required retainability for approval of his Continuation Pay entitlement.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show: 

	a.  On 24 September 2021, he submitted a timely and effective Continuation Pay Statement of Understanding and Election to accept Continuation Pay in accordance with Public Law 114-80; his election for Continuation Pay was accepted; and he received a 48-month active duty service commitment in exchange for the approved Continuation Pay election.

	b.   His extension approved by his commander on 7 October 2021, be corrected to reflect the required retainability to cover the 48-month active duty service commitment obtained with 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-2022-00022 in Executive Session on 17 May 22:

, 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 6 January 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 3 April 2022.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 13 April 2022.

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.