IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20180001818 APPLICANT REQUESTS: his enrollment in the Blended Retirement System be voided in accordance with [Deputy Secretary of Defense Memorandum, dated 27 January 2017, subject: Implementation of the Blended Retirement System] paragraph 9e [Erroneous Enrollment]. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum from Deputy Secretary of Defense, dated 27 January 2017, subject: Implementation of the Blended Retirement System * Civilian webpage, dated 9 January 2018, subject: Be careful on MyPay; don’t accidently opt-in to [Blended Retirement System] BRS * "Army Whitepaper" prepared by the applicant, undated, subject: Effectiveness of the Implementation of the Blended Retirement System * Applicant’s Thrift Saving Plan Notification Letter * Applicant’s memorandum to the Army Review Boards Agency dated 30 December 2019 * All Army Activities Message Number 028/2018 dated 24 April 2018 * Miscellaneous emails between the Army Review Boards Agency and the applicant on various dates FACTS: 1. The applicant states he did not fully understand he was opting into the Blended Retirement System because the initial implementation of the blended retirement opt-in access link in the Defense Finance and Accounting System (DFAS) webpage MyPay was inadequate. Secondly, the lack of clarity in the DFAS questions to indicate a Soldier was opting into the Blended Retirement System attributed to his erroneous enrollment. The combination of these two factors led the applicant to erroneously click the new Blended Retirement System opt-in link on 5 January 2018. He does not recall seeing a question that clearly indicated to him he was opting into the new system. He submits an article from a civilian website titled, "Be careful on MyPay; don’t accidently opt-in to [Blended Retirement System]." He states, in effect, this article supports his position that he and other Service members erroneously opted into the new retirement system. 2. The applicant is a current member of the U.S. Army Reserve. He was promoted to the rank and grade of chief warrant officer four (CW4)/WO4 on 17 May 2015. 3. In the processing of this case, a request for information was sent to the U.S. Army Human Resources Command (HRC) concerning the specific date the applicant "opted- in" to the Blended Retirement System. A systems analyst responded stating the applicant "opted-in" on 4 January 2018 and HRC received the transaction file from DFAS on 5 January 2018. As of 2 April 2020, the applicant had accumulated 4,258 retirement points as a member of the Reserve Component. (The policy states Reserve Component members could opt-in to the new system provided they had less than 4,320 retirement points on the date they made their individual election.) 4. On 20 January 2020 the Chief, Compensation and Entitlements Division for Headquarters Department of the Army sent the Army Review Boards Agency a memorandum titled, "Blended Retirement System (BRS) pertaining to certain Soldiers opt-in decision to BRS." a. The official stated that on 1 January 2018 eligible Soldiers received access to the BRS link on MyPay to enroll in the BRS. At the time the computer system process required Soldiers to follow five separate screens to include providing their current address and date of birth. Screen two required the Soldier to acknowledge that he/she understood that the decision to opt-in is irrevocable upon completion of the election. Screens three and four required Soldiers to check a box and answer a questions, "I fully understand that I am opting into the BRS." Screen five allowed Soldiers to save and print their confirmation certificate informing them they were now enrolled into the BRS. b. Prior to the beginning of the BRS enrollment, DFAS moved the LES link on MyPay and replaced it with the BRS opt-in link. Service members reported immediately that they had erroneously opted into the BRS. After numerous complaints, DFAS moved the LES link back to its customary position on MyPay and relocated the BRS link effective 26 January 2018. c. The Army G1 considers it in the Army’s best interest to correct the record of Soldiers impacted by the location of the BRS opt-in link during the period from 1 January through 26 January 2018. 5. Among the evidence provided by the applicant is a memorandum from the Deputy Secretary of Defense, dated 27 January 2017. Paragraph 9e of Attachment 1 (Guidance for Implementation of the Blended Retirement System for the Uniformed Services) pertains to the erroneous enrollment into the new system. It states, in pertinent part, that the Secretary concerned can void an enrollment in the Blended Retirement System if a member who should not have been eligible and elected to enroll in the new system was erroneously enrolled. It states: Such members will be placed under the correct retirement system upon discovery of the error. Any agency [Thrift Savings Plan] contributions to that member’s account will be handled in accordance with [Federal Retirement Thrift Investment Board] FRTIB regulations. The Secretary concerned shall also initiate action to obtain repayment, in accordance with Section 373 of Title 37, [U.S. Code] and [Department of Defense Financial Management Regulation] DoD FMR, Volume 7A, Chapter 2, of any continuation pay bonus paid in accordance with Section 8 of this memorandum to a member erroneously enrolled in the BRS. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The Board determined there is sufficient evidence to grant relief and void his enrollment in the Blended Retirement System (BRS). Such relief should result in the applicant being enrolled in the legacy retirement system. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his enrollment in the Blended Retirement System (BRS). Such relief should result in the applicant being enrolled in the legacy retirement system. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: The National Defense Authorization Act for Fiscal Year 2016 created a new retirement system for members of the Uniformed Services. This system, the Blended Retirement System (RBS), blends the traditional legacy retirement pension, also known as the defined benefit, with a defined contribution benefit into a Thrift Savings Plan. The effective date of the BRS was 1 January 2018. The BRS eligibility is dependent upon when one joined the Uniformed Services. For members who enter the Uniformed Service after 1 January 2018, they are automatically enrolled in the BRS. If one was an Active Component Service member with 12 years (or more) of service prior to 31 December 2017, they were grandfathered under the legacy retirement system. The specific rules for National Guard or Reserve Service members were if they had accrued more than 4,320 retirement points as of 31 December 2017, they were grandfathered under the legacy retirement system. If National Guard or Reserve Service members in a pay status who had accrued less than 4,320 retirement points as of 31 December 2017 were also grandfathered under the legacy retirement system. However, those Reserve Component members in this category of less than 4,320 retirement points could choose to opt into the BRS. (Source "A Guide to the Uniformed Services Blended Retirement System” published by the Department of Defense, Office of Financial Readiness.) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001818 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1