ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  30 March 2020

	DOCKET NUMBER:  AR20180004486

APPLICANT REQUESTS: his records be corrected to reflect receipt of continuation pay 
under the Blended Retirement System.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	MyPay receipt Opting In to the Blended Retirement System (BRS)
*	The Blended Retirement System Continuation Pay Fact Sheet 

FACTS:

1.  The applicant states he is requesting his records be corrected to reflect receipt of 
continuation pay under the Blended Retirement System.  His pay entry base date is      
9 January 2006, leaving him only 9 days to opt into the Blended Retirement System.  
He opted into the Blended Retirement System on 3 January 2018 and was within
the 12 year limit.  The applicant requests to be granted full relief and receive 
continuation pay as reflected for his military service and reflecting he was within the 8 to 
12 year window for eligibility.  The applicant states to deny him continuation pay with 
only a nine day window to apply for continuation pay is an absolute injustice.  The BRS 
training was not clear for any deadline for submittal of a request for continuation pay.
The applicant stated he only received instruction on continuation pay because he asked 
a financial DoD civilian about certain TSP requirements and was informed he would not 
receive continuation pay because he had not submitted for it within the 9 days he had 
available.  The applicant states the Army Policy for BRS had not been published and did 
not outline the requirements to submit for continuation pay once you opt in to BRS.  He 
states neither the "Fact Sheet Continuation Pay" or "A Guide to Uniformed Services 
BRS December 2017” from the BRS website gave detail on how to submit for 
continuation pay.  

2.  The applicant's service records are void of any documentation pertaining to the BRS 
and Continuation Pay.

a.	The applicant's Officer Record Brief (ORB), dated 16 August 2019, which shows 
a synopsis of the applicant's duty assignments, military education, civilian 
education, awards, and Pay Entry Base Date

b.	A DD Form 214 (Certificate of Release or Discharge from Active Duty), dated               
16 August 2019 which reflects he entered active duty on 9 February 2010.  He 
was honorably discharged from the active duty with 9 year, 6 months 8 days 
active duty and 3 years, 10 months 17 days prior inactive duty service. 

c.	Orders 086-0161, dated 27 March 2020 is discharged on 16 August 2019.  

3.  The applicant provides:

*	MyPay receipt reflecting he opted into the BRS dated 30 January 2018
*	The BRS Continuation Pay Fact Sheet that explains, eligibility, amount personnel 
may be eligible for, pay rate, and investing. investing 

4.  In the processing of this case, an advisory opinion was obtained on                         
16 August 2019, from The Office of the Deputy Chief of Staff, G-1.  The advisory official 
recommended the Board correct the applicant's record to show the applicant was in 
receipt of a completed continuation pay request prior to the completion of 12 years of 
military service.  They further recommended the Board approve the applicant's 
entitlement to the continuation pay and authorize Defense Finance and Accounting 
Service to disburse the payment utilizing the Military Pay Account and not the ABCMR 
funds payable through debts and claims.  A copy of the complete advisory opinion has 
been provided to the Board for their review and consideration.

5.  See references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his opt-in date for Blended Retirement System.  The Board considered the 
review and recommendations of the DCS G1 advising official.  Based on a 
preponderance of evidence, the Board determined that denial of continuation pay was 
unjust and that a correction was required. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.









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 as follows:

-	show the applicant was in receipt of a completed continuation pay request 
prior to the completion of 12 years of military service;
-	show his entitlement to the continuation pay, and;
-	authorize Defense Finance and Accounting Service to disburse the payment 
utilizing the Military Pay Account.
													
	                                                                       
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:

1.  Title 37 United States Code 356 (Continuation Pay (CP): Full Thrift Savings Plan 
members with 8 to 12 years of service) and Public Law 114-328 states that to be eligible 
for CP an individual must have completed not less than 8 but not more than 12 years of 
service and enter into an agreement to serve not less than 3 additional years of 
obligated service.

2.  ALARACT Message Number 028/2018 states, effective 1 January 2018, eligible 
Soldiers who completed the mandatory training were eligible to enroll in the BRS.  The 
Department of Defense policy is that this informed decision by a Soldier eligible to enroll 
in the BRS is irrevocable.  
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20180004486

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