IN THE CASE OF:  

		BOARD DATE:  11 August 2020

		DOCKET NUMBER:  AR20180007511


APPLICANT REQUESTS:  correction of his records to reflect 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)
*	Screenshot of myPay website
*	Army National Guard (ARNG) Retirement Points History Statement 

FACTS:

1.  The applicant states, in effect, that the ‘OPT IN’ link on the myPay website was 
where the Leave and Earnings Statement (LES) link was supposed to be, and he did 
not realize that he had clicked it.  He was attempting to look at his LES.  However, the 
way the page appeared, he thought it was making sure he took the BRS course.  The 
page [message] which stated the option would be irrevocable looked more like a 
statement than a warning.  He will lose money after retirement based on his years of 
service.  He states he was in the Indiana Army National Guard (INARNG) Combined 
Support Maintenance Shop on 18 January 2018 when the error occurred.

2.  A review of the applicant’s military service records shows: 

   a.  On 9 January 1997, he enlisted in the Indiana Army National Guard (INARNG) for 
a period of 3 years in the pay grade of E-4.
   
   b.  On 15 August 2009, he was appointed as a Warrant Officer One (WO1) in the 
ARNG. 
   
   c.  On 20 January 2009, he was notified by the Indiana Joint Forces Headquarters 
National Guard that he was eligible for retired pay at age 60, having completed 20 years 
of service. 
   
   d.  On 10 February 2013, he was notified that he was recommended for retention for 
a period of two years by the Fiscal Year (FY) 2013 Selective Retention Board. 
   
   e.  On 31 May 2015, he was notified that he was recommended for retention for a 
period of two years by the FY 2015 Selective Retention Board.
   
   f.  On 20 March 2017, he was again informed of the board’s decision to recommend 
him for retention for a period of two years.  
   
   g.  He continues to serve in the ARNG.  A copy of his most recent ARNG Current 
Annual Statement, dated 6 February 2019, shows he was credited with 30 years of 
qualifying service towards retirement.

3.  The applicant provides the following: 

   a.  A screenshot of the main menu of his account on myPay (https://mypay.dfas.mil) 
where he circled the last date his myPay account was accessed, which are shown as            
23 January 2018 and 27 January 2018.  
   
   b.  A copy of his ARNG Points History Statement, prepared on 19 January 2018, 
shows he is credited with 29 years of qualifying service for retired pay, and 2798 total 
points for retired pay. 
   
4.  On 31 January 2020, the Chief, Compensation and Entitlements Division, from the 
Office of the Deputy, Chief of Staff, G-1, provided a memorandum to the Army Review 
Boards Agency that states;

a.	After careful review, the Army G-1 supports certain requests for removal from the 
BRS despite enrollment on 26 January 2018 or earlier.

b.	On 1 January 2018 eligible Soldiers were given access to the BRS link on myPay 
to enroll in the BRS.  The 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 understands that the decision to opt-in 
is irrevocable once they complete the election.  On screen three and four, Soldiers had 
to check a box and answer a question respectively that stated "I fully understand that I 
am opting into the BRS."  Screen five allowed the Soldier to save and print the 
confirmation and again informed the Soldier that they were opting into the BRS.

     c.  Prior to the beginning of the BRS enrollment, the Defense Finance and 
Accounting Service (DFAS) moved the Leave and Earning Statement (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 to its customary first position on myPay and relocate the BRS link effective 
26 January 2018.

     d.  Given the relatively small numbers involved and the potential long-term 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- 26 January 2018, is the right thing to do.

5.  The analyst of record emailed the US Army Human Resources Command, Fort 
Knox, KY, and obtained the following information from the Systems Support Branch, 
The Adjutant General Directorate.  Their records reflect the applicant opted into BRS on 
the electronic system on 19 January 2018.

6.  See regulatory guidance below under REFERENCES.

BOARD DISCUSSION:

The Board carefully considered the applicant’s request and supporting documents, 
including the G1 advisory memorandum and the applicant’s rebuttal and the Board 
found sufficient evidence to grant relief. The board found the applicant’s statement and 
the G1’s acknowledgement that there had been prior issues with service members who 
wanted an LES and instead somehow were automatically enrolled in a retirement 
system they didn’t want lent credence to the applicants assertion that he did not intend 
to select the blended retirement system (BRS).  Therefore, the Board found that relief 
was warranted. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was 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:

	a. showing that the applicant selected and is and has always been enrolled in the 
legacy retirement system, and

	b.  paying him any unpaid retroactive retired pay as a result of this correction.


		  
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.  Department of Defense Financial Management Regulation (DODFMR), Volume 7B 
states pursuant to the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 
2016, as amended by the NDAA FY 2017, the DOD established the modernized 
retirement system, commonly known as the BRS.  The BRS is the retired pay system 
for all Service members who entered military service on or after 1 January 2018.  All 
members serving as of 31 December 2017 were grandfathered under the applicable 
legacy retirement system.  The law permits active duty Service members with less than 
12 years of service on 31 December 2017, or Service members in the Reserve 
Component who were in a paid status and accrued less than 4,320 retirement points as 
of 31 December 2017, the option of electing to be covered under the BRS or to remain 
with their applicable legacy retirement system.  The law provides a one year election 
period for those Service members eligible to opt into the BRS from 1 January 2018 and 
ends on 31 December 2018.  The decision to opt into the BRS is irrevocable.

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)	 AR20180007511


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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