ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20180013374 APPLICANT REQUESTS: approval of her application for Continuation Pay (CP) under the Blended Retirement System (BRS) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter of Support * Request for Continuation Pay ((CP) Blended Retirement System) FACTS: 1. The applicant states that she elected enrollment in the Blended Retirement System (BRS) in January of 2018. Since election, it has been unclear to both her and her leadership as to when she needed to apply for the CP bonus based on her Pay Entry Basic Date (PEBD) reflected from both her Active Duty and Reserve service. Her Basic Active Service Date is 15 April 2010 and her PEBD is 10 June 2006. On 21 August 2018, she was informed by the staff in her battalion personnel office that she should have applied for CP prior to 10 June 2018 based on her PEBD. 2. The applicant provides: * a Letter of Support dated 29 August 2018 – the applicant’s commander, COL B_B_ provides a statement concerning the challenges associated with properly calculating the applicant’s window for enrollment * a Request for Continuation Pay (Blended Retirement System) dated 29 August 2018 - reflective of the applicant’s approved request 3. A review of the applicant’s available service records reflects the following: * She was commissioned in the Navy from 6 May 2000 through 31 July 2004 * She transferred into the Navy Reserve and served from 1 August 2004 through 9 June 2008 * She was commissioned in the Army on 10 July 2014 * She now has a BASD of 15 April 2010 and a PEBD of 6 June 2006 4. An advisory opinion was obtained from the Department of the Army, Chief Compensation and Entitlements Division on 16 August 2019. Upon review of the applicant’s request, he recommended that the ABCMR correct the records to show that the applicant was in receipt of a completed CP request prior to the completion of 12 years of service as computed from the PEBD. Further it is recommended that the ABCMR approve the applicant’s entitlement to CP and authorize the Defense Finance and Accounting Service to disburse payment utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims. 5. Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 states that to be eligible for CP an individual must have completed not less than 8 but not more than 12 years of service and enter into an agreement to serve not less than 3 additional years of obligated service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The Board found sufficient evidence that the applicant intended to apply for the BRS continuation pay in accordance with statutory requirements. The Board agreed with the Department of the Army, Chief Compensation and Entitlements Division advisory opinion to correct the applicant’s records to show that the she was in receipt of a completed CP request prior to the completion of 12 years of service as computed from the PEBD. The Board further agreed with the advisory recommendation to approve the applicant’s entitlement to CP and authorize the Defense Finance and Accounting Service to disburse payment utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims. 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: 1. showing the applicant was in receipt of a completed continuation pay (CP) request prior to the completion of 12 years of service as computed from the PEBD 2. DFAS paying her entitlement to CP utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims 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. Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 states that to be eligible for CP an individual must have completed not less than 8 but not more than 12 years of service and enter into an agreement to serve not less than 3 additional years of obligated service.