IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180011387 APPLICANT REQUESTS: an Exception to Policy to withdraw from the Blended Retirement System (BRS) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence from the Defense Finance and Accounting System (DFAS) * Memorandum for Commander’s Inquiry * DA Form 2823 (Sworn Statement) * Army National Guard (ARNG) Retirement Points History Statement FACTS: 1. The applicant states the link on the DFAS page was placed in a spot normally used for the Leave and Earning Statement (LES). The link has been removed so that it would not be confusing. 2. Records show a BRS transaction was processed on 16 January 2018, opting the applicant into the BRS. 3. The applicant provided a DA Form 2823 dated 10 February 2018 in which he states: I went to log on to Mypay, to check my LES for my Funeral Honors pay. Out of habit, I clicked on the top link of the page. That action opened a page that asked if I had taken the BRS Online Training. There was no other active link to get out of the page, so I selected, ''No," that I had not taken the training. That action sent me to the online training. I did not want to do the training, so I exited out of the training and tried to relog into Mypay. Upon logging in the second time, Mypay went straight to the page that asked if I had taken the BRS training. Knowing that it would take me to the training again if I said, "No," I clicked, "Yes." The next page stated that I had successfully opted into the BRS, and this action was irreversible. I went back out to the main menu to view my LES. Approximately one week later, I got emails that said I bad opted into BRS. I then informed my chain of command about the mistake. I'm due to retire 07 March 2018 (less than a month from now), and I did not intend to opt-into the BRS. 4. He provided a memorandum, dated 10 February 2018, which indicates the applicant contacted his readiness noncommissioned officer on 16 January 2018, informing her he had received an email stating he had been opted in the BRS. The applicant informed her that he had not made the selection and wanted to see what could be done about reversing it. At the time of opt-in, the applicant had 20 years of service, and roughly 4,237 retirement points. The opt­ in point high-limit for eligibility is 4,320 points. The applicant was set to retire on 07 March 2018, with a packet that had been approved by G1, and a retirement award that had been approved. The complete memorandum is available for the Board's review and consideration. 5. Guidance from the Office of the Deputy Chief of Staff, G- 1 states, in part, prior to the beginning of the BRS enrollment, 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 to its customary first position on MyPay and relocated the BRS link effective 26 January 2018. Given the relatively small number involved and the potential long term impact on the Soldier, Army G-1 considers it in the Army's best interest to give these Soldiers the benefit of the doubt who notified the Army of their enrollment between 1-26 January 2018. 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 scheduled retirement, the date of enrollment and the guidance from the Deputy Chief of Staff, G-1 advising official. The Board considered the changes to the MyPay website during the month the applicant was enrolled. Based on a preponderance of evidence, the Board determined that the applicant’s enrollment was erroneous and a correction was required to correct and 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 enrollment in the Blended Retirement System, and; - Reinstating his eligibility under the retirement system in which he was previously enrolled. 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. A Guide to the BRS states, the National Defense Authorization Act for Fiscal Year 2016 created a new retirement system for members of the Uniformed Services. This system, called the BRS, blends the traditional legacy retirement pension with a defined contribution benefit into a Thrift Savings Plan. The BRS went into effect on 1 January 2018. 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. Several Soldiers from all components have notified their respective component and the Army G-1 of their unintentional enrollment in the BRS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011387 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1