RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01305

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

During the Blended Retirement System training she remembers learning that she would be eligible for Continuation Pay at 12 years of service, but she does not recall anything regarding a notification to acknowledge her eligibility.  In addition, prior to her 12 year mark she reviewed the Continuation Pay fact sheet and did not see any guidance on receiving notification for Continuation Pay.  Approximately a month after her 12 year anniversary she noticed that her Leave and Earnings Statement did not reflect her Continuation Pay and she sent an e-mail through myPers.  She was then informed that since she did not request Continuation Pay prior to her 12 year mark she was now ineligible; however, she does not remember receiving any notification regarding her eligibility.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force first lieutenant (O-2).  

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 9 March 2010.  Since she had less than 12 years of service as of 31 December 2017, she was eligible to opt-in to the Blended Retirement System and did so on 26 December 2018.  Furthermore, under the Blended Retirement System, the applicant was eligible for Continuation Pay, provided her election was made prior to the 12th anniversary of her “Pay Date” (9 March 2022).   

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 denying the application.  On 12 November 2021, the applicant was initially notified to acknowledge her eligibility for Continuation Pay via myPers.  The notification was subsequently sent four additional times on 19 November, 26 November, 3 December and 10 December; however, she never acknowledged receipt and never signed the Statement of Understanding.  It wasn’t until 29 April 2022, that the applicant inquired about her Continuation Pay, which was after her 12 year pay date anniversary (9 March 2022) and past her window to elect the benefit.  

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 2 June 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 not 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 does not substantiate the applicant’s contentions.  The Board notes, that the applicant was sent five notifications via myPers of her eligibility to elect Continuation Pay and that the applicant did not submit a Statement of Understanding prior to her 12 year anniversary of her Pay Date.  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-2022-01305 in Executive Session on 12 July 2022:

, 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 6 May 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 25 May 2022.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 2 June 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.