RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00483

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

She be allowed to transfer from the legacy retirement plan to the Blended Retirement System (BRS) plan.

APPLICANT’S CONTENTIONS

As a retired member of the Air National Guard, she was not knowledgeable of, nor provided information about the BRS.  Otherwise, she would have taken the steps to complete her application.  She would like to be able to continue receiving her retired pay with the option of obtaining a 25 percent Lump Sum payment. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard chief master sergeant (E-9).

On 31 March 2005, the applicant was discharged from the Alabama Air National Guard and on 1 April 2005, she was transferred to the USAF Reserve Retired List.

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.   On 1 January 2018, the BRS went into effect for all members who were currently serving in the Uniformed Services and met the eligibility requirements.  Since the applicant had retired prior to the start of the program, she was not eligible to enroll in the BRS.    

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

APPLICABLE AUTHORITY/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 BRS 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 BRS.

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, 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 BRS.  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 BRS is irrevocable.  The opt-in window for most Airmen closed on 31 December 2018.

For more information see Exhibit C.

FINDINGS AND CONCLUSION

1.  The application was not 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 notes that the Blended Retirement System did not go in effect until 1 January 2018 and only members who were currently serving in the Uniformed Services and met the eligibility requirements had the option to transfer to the new retirement system.  In this regard, the applicant retired from the Air National Guard on 1 April 2005 prior to the start of the program and is therefore not eligible for the Blended Retirement System.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2022-00483 in Executive Session on 17 May 22:

, 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 16 November 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.

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.