ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20180009003 APPLICANT REQUESTS: Correction of his record to show he is enrolled in the high 3 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) * Self Authored Letter, dated 27 April 2018 FACTS: 1. The applicant states in pertinent part: * in January 2018, he went on MyPay to get a copy of his recent leave and earnings statement (LES) because he was submitting a leave request and beneath the LES link was the BRS opt-in link in which he selected and went through the pages, but he never saw an opt-out link * in November 2017, he took the online training for the BRS because it was a unit requirement and he discussed with his wife how he was going to stay in the legacy high 3 retirement because of the 50% base pay pension at 20 years and money he invested in the Thrift Savings Plan was not retroactive * he recognized the error when he was told if he did not want to opt-in, that he had nothing to do (no need to click the link at all) * he did not know he had a choice because the link was available on his LES and the link did not provide an opt-out choice; he thought he had to click on the link to make a decision so the link will go away, and he knew he made a mistake back in January 2018 that would affect himself and his family * additionally at the time he opted in, he was the S4 officer in charge in a Special Forces Line Battalion and there was a lot on his plate, so he could not attend the BRS briefs; he was informed that if he had less than 12 years then he would automatically be enrolled in the BRS at the end of the year * other mentors and financial counselors advised him the mistake he made to opt-in the BRS was irrevocable * he is certain that the BRS is not the retirement choice for him, and he would like to stay in the high 3 because he is going to serve 20 plus years in the Army 2. A review of the applicant’s service records show, on 13 May 2015, the applicant was appointed as a Reserve commissioned officer and executed an oath of office 3. On 20 March 2019, the Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Compensation and Entitlements Division opined that, prior to the beginning of the BRS enrollment, the Defense Finance and Accounting Service (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 relocated the BRS link effective 26 January 2018. 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, was the right thing to do. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 4. The applicant was provided a copy of this advisory opinion to provide him an opportunity to comment and/or submit a rebuttal. On 27 March 2019, the applicant provided a response to the advisory opinion concurring with the Army G-1 recommendation. 5. All Army Activity (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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions and the advisory opinion were carefully considered. The applicant requests to participate in the High-3 retirement system instead on the BRS. He contends he was erroneously enrolled in the BRS. Opting into the BRS is irrevocable. The advisory official noted members were erroneously enrolled into the BRS and changes were made to the website to prevent further erroneous transactions. The Board agreed there was an error in this case, and determined there is sufficient evidence to grant relief. 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 showing he did not opt-in to participate in the blended retirement system. X_________________ 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: 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.