BOARD DATE: 14 April 2020 DOCKET NUMBER: AR20180003529 APPLICANT REQUESTS: removal from the Blended Retirement System and he solely elects the Legacy Retirement System. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant’s Evidence List * "Ask MyPay Online Customer Service" ticket number dated 20 January 2018 * Joint Forces Training Base Message for Senior Enlisted Leaders dated 18 January 2018 * multiple screen shots of MyPay webpage * DA Form 1559 (Inspector General Action Request) dated 25 January 2018 * California Army National Guard (CAARNG) Office of Inspector General letter to applicant dated 30 January 2018 * multiple emails discussing the "Blended Retirement System Opt In Link" * Applicant’s memorandum to the Army Review Boards Agency dated 15 August 2019 referencing news article, "Blended Retirement System Opt In," link changed by the Defense Finance Accounting System (DFAS) dated 9 January 2018 FACTS: 1. The applicant states, in effect, that he was confused and accidently opted into the Blended Retirement System while trying to obtain his leave and earnings statement (LES) on the MyPay DFAS website. The date of discovery of this error as shown on his DD Form 149 was on or about 19 January 2018. He stated the "Opt In" link was where he normally would click to check his LES. He knew the position of the link had been changed, but it was very confusing to him at the time and he thought the questionnaire was a survey. After he completed the survey he realized he had opted into the Blended Retirement System. He tried to correct his error and was unsuccessful. He received multiple emails from members of his chain of command and the media concerning how a Soldier could accidently opt into the new retirement system. On 28 January 2018 he noticed DFAS modified the MyPay webpage. He asks the Board to correct his record to show he remained in the Legacy Retirement System. 2. At the time of his application he was serving in the CAARNG in Headquarters Service Company, 40th Infantry Division. He is a master sergeant/pay grade E-8. On 2 January 2019 the CAARNG issued him his 20 Year Letter informing him he had completed the required years of service for retired pay at age 60. 3. On 10 April 2019 The Adjutant General for the California National Guard informed the applicant by letter that the Enlisted Qualitative Retention Board recommended his retention and continued service in the Army National Guard of the United States. The Adjutant General approved the board’s recommendation stating the applicant would be retained for 2 years. 4. 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 was eligible for the Reserve Component Blended Retirement System during the period 12 December 2017 through 31 December 2018. He "opted-in" on 20 January 2018 and HRC received the transaction file from DFAS on 22 January 2018. 5. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board considered the date of the applicant’s enrollment into the BRS and the review and conclusions of the HQDA DCS G1 advising official. Based on a preponderance of evidence, the Board determined there is sufficient evidence to grant relief and void his enrollment in the Blended Retirement System (BRS). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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) AR20180003529 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1