BOARD DATE:  13 August 2020

		DOCKET NUMBER:  AR20180007516


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)
*	Printouts from MyPay website

FACTS:

1.  The applicant states, in effect: 

   a.  He inadvertently opted into the BRS and contacted the Defense Finance and 
Accounting Service (DFAS) office and the Louisiana Army National Guard (LAARNG) 
finance office immediately upon realizing the mistake.
   
   b.  This mistake was made in confusion caused by DFAS requiring the link to be 
clicked before being able to check the Leave and Earnings Statement (LES).  Once the 
button labeled "YES" is clicked indicating you have conducted BRS training you, are 
locked into BRS.  No mandatory training explained that opting in to BRS would be 
conducted through myPay.  Upon contacting DFAS, he was informed he was “stuck” 
with the results of his mistake.  A retirement decision should not be made due to an 
error and confusion. 

2.  The applicant provides: 

   a.  A printout from the myPay website titled Blended Retirement System Opt-In with 
option buttons to affirm whether the user has completed the mandatory training for BRS. 
   
   b.  Printout of a Customer Service ticket dated 5 January 2018, wherein he 
contacted myPay to state he did not wish to opt in to BRS on the system.  A Customer 
Care Representative responded that once a selection is made, it cannot be reversed. 
   

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

   a.  On 20 April 1992, he was honorably separated from active duty in the US Navy 
and was transferred to the US Navy Reserve (USNR).  His DD Form 214 reflects he 
completed 1 year, 9 months, and 3 days of net active service during this period. 
   
   b.  On 13 April 1996, a request for conditional release from USNR for the purpose of 
enlisting in the Army National Guard. 
   
   c.  On 19 April 1996, he enlisted in the Louisiana Army National Guard (LAARNG) 
and served as an enlisted Soldier through 22 August 1998. 
   
   d.  On 29 July 1998, Orders Number 210-010, issued by Headquarters, LAARNG 
Office of the Adjutant General, appointed him as a commissioned officer in the rank of 
Second Lieutenant/O-1, with an effective date of 23 August 1998.
   
   e.  He is currently still serving in the ARNG. 

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 8 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 found sufficient evidence to grant relief. 
The board found 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 applicant’s 
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

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.  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)	 AR20180007516


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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