ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 April 2020 DOCKET NUMBER: AR20180006850 APPLICANT REQUESTS: correction of his records to reflect that he is enrolled in the legacy retirement system instead of the Blended Retirement System (BRS). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DA Form 2823 (Sworn Statement) dated 14 March 2018 • MyPay Transmittal dated 4 January 2018 • Email Communication FACTS: 1. The applicant states that on 2 January 2018 he logged into to the MyPay website in order to find out the status of his W-2 Form. When he logged in, he noticed that the main line over the leave and Earnings Statement (LES) the Blended Retirement System (BRS) Opt-In tab was there. He pressed it and a window popped up asking “Have you completed the online portion training BRS?” The options provided were “yes or no”. He selected yes and continued to answer the following questions. Unbeknownst to him at that time he was making an election to change from the legacy retirement system to the BRS. On 5 January 2018 he received an email with three notifications from Defense Finance and Accounting Services (DFAS). The first one stated that his process will be evaluated. The second, was to notify him that the request was received by the pay system and the third that his request had been processed. He was unaware of the seriousness of this mistake. On 24 January 2018 he received an email from a member of his Battalion leadership advising personnel to be aware of function within the MyPay website as it pertained to electing to participate in the BRS. He immediately made contact with the person who initiated the email and was then redirected to contact DFAS. On 25 January he contacted DFAS and was told that there was nothing that could be done over the phone, instead the action needed to be addressed by the nearest finance office. He initially went to the DEERS office but their systems were down so he made an appointment for 13 March 2018, however upon his return appointment he was advised that they were unable to assist as the issue was finance related. On 14 March 2008 he again contacted DFAS and was advised to draft a statement and attach all supporting documentation. At the time he had 15 years and 8 months of service with plans to complete 20. He has no desire to dispose of his points and years of service this way for a simple mistake. 2. A review of the applicant’s available service records reflects the following: a. On 6 June 2002 he enlisted in the U.S. Army Reserve. b. As of 6 April 2020 he had completed 17 years of qualifying service towards retirement had obtained a total of 2243 points. 3. The applicant provides the following: a. MyPay Transmittal dated 4 January 2018 reflective of confirmed receipt and transmission of his BRS transaction to the payroll system. This transmittal was followed by 2 additional notifications indicating both the processing action and Opt-in election acceptance. b. Email Communication provided by his leadership concerning BRS elections and cautioning Soldiers to be careful while viewing information on the website, particularly while attempting to access their LES. 4. On 31 January 2020 the Department of the Army, Office of the Deputy Chief of Staff provided the following guidance regarding Soldiers Opt-in decision to participate in the BRS. Prior to the beginning of the BRS enrollment, the DFAS moved the LES link on MyPay and replaced it with the BRS opt-in link. Service members immediately began to contact their respective Services of their "erroneous" enrollment while trying to acquire a LES and surprisingly received notification that they had opted into the BRS. After several complaints, the Department in coordination with DFAS, moved the LES link back its customary first position on MyPay and relocate the BRS link effective 26 January 2018. Given the relatively small numbers involved and the potential longterm impact on the soldier, Army G-1 considers it is in the Army's best interest that giving these Soldiers the benefit of the doubt who notified the Army of their enrollment between 1 and 26 January 2018, is the right thing to do. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and an advisory opinion. The Board considered the applicant’s statement, his record of service, the dates of the notifications regarding his enrollment in Blended Retirement System (BRS) and the dates of the changes in the MyPay Website. The Board considered the review and stated conclusions by the Deputy Chief of Staff, G1 advising official. Based on a preponderance of evidence, the Board determined that the applicant’s enrollment in BRS was in erroneous and a correction was necessary to remedy an injustice. 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 by: - Voiding the applicant’s January 2018 enrollment in the Blended Retirement System, and; - Restoring the continuation of his eligibility 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: 1. 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. Several Soldiers from all components have notified their respective component and the Army G-1 of their unintentional enrollment in the BRS 2. Deputy Secretary of Defense Memorandum, Implementation of the Blended Retirement System dated January 27, 2017 states that the BRS goes into effect January 1, 2018. Service members who enter the military on or after January 1, 2018, will automatically be enrolled in BRS. Service members who enter service on or before December 31, 2017, are grandfathered into the legacy high-3 retirement system. However, service members in the active component as of December 31, 2017, who have served fewer than 12 years, or service members in the Reserve component who have accrued less than 4,320 retirement points as of December 31, 2017 and are in a paid status, will have the option of electing BRS or to remain in the legacy retirement system. Those currently serving members who are eligible to opt into BRS will have an entire year to make their opt-in decision. The opt-in or election period for BRS begins January 1, 2018, and concludes on December 31, 2018. The decision to opt-in is irrevocable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006850 ABCMR Record of Proceedings (cont) AR20180006850 1 2 1