ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  29 August 2019 DOCKET NUMBER:  AR20180014396 


APPLICANT REQUESTS: Correction of her record to show she is enrolled in the legacy retirement system for her Army National Guard (ARNG) non-regular retirement instead of the Blended Retirement System (BRS). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DA Form 2823 (Sworn Statement), dated 17 October 2018

.Memorandum, Subject: Request for Correction of Record for the applicant, dated17 October 2018



FACTS: 









1.The applicant states, on 9 January 2018, she went into MyPay to show a newemployee how to find his Leave and Earnings Statement (LES), thrift savings plan, traveland a few other options that are available to them.  They were at the central issue facilitysetting up his computer and she was helping him see all the options in MyPay. She wasnot trying to opt-in to the new BRS.  She opened the main link to show him where theBRS option was, but did not click through all the links, she hit the “X” button to close thelink/screen.  Sometime in April 2018, she noticed on her LES that she was enrolled inthe new BRS.  She never had any intention of enrolling in the BRS.2.A review of the applicant’s official records show the following, on 22 November 1988,the applicant enlisted in the North Dakota Army National Guard (NDARNG) and servedthrough various stateside and overseas assignments, she remains assigned to theNDARNG.3.The applicant provides:•DA Form 2823 authored by specialist C- E- wherein he attests to the informationprovided in the applicant’s statement•Memorandum, Subject: Request for Correction of Record for the applicantwherein the Director of Personnel, NDARNG, recommended approval of theapplicant’s request for correction of her record for re-enrollment in the traditionallegacy retirement pension.


4.On 6 August 2019, the Office of the Deputy Chief of Staff, G-1 in conjunction with theNational Guard Bureau (NGB) reviewed the applicant's records and rendered advisoryopinions in her case.  After a thorough review, the officials from the Army G-1 and theNGB opined that, prior to the beginning of the BRS enrollment, the Defense Financeand Accounting Service (DFAS) moved the LES link on MyPay and replaced it with theBRS opt-in link.  Service members immediately began to contact their respectiveServices of their "erroneous" enrollment while trying to acquire an LES and surprisinglyreceived notification that they had opted into the BRS.  After several complaints, theDepartment in coordination with DFAS, moved the LES link back to its customary firstposition on MyPay and relocated the BRS link effective 26 January 2018.  Given therelatively 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 benefitof the doubt who notified the Army of their enrollment between 1- 26 January 2018, isthe right thing to do.  A copy of the complete advisory opinion has been provided to theBoard for their review and consideration.

5.The applicant was provided with a copy of both advisories to give her an opportunityto respond and/or submit a rebuttal.  She did not respond.

6.All Army Activity (ALARACT) Message Number 028/2018 states, effective1 January 2018, eligible Soldiers who completed the mandatory training were eligible toenroll in the BRS.  The Department of Defense policy is that this informed decision by aSoldier eligible to enroll in the BRS is irrevocable.  Several Soldiers from all componentshave notified their respective component and the Army G-1 of their unintentionalenrollment in the BRS.

BOARD DISCUSSION: 

The Board carefully considered the applicant’s request and supporting documents, including the joint G1 and NGB advisory opinion and the Board found sufficient evidence to grant relief. The board agreed with the advisory opinion that there were issues with service members who wanted an LES and instead were automatically enrolled in the blended retirement system (BRS), which they didn’t want.  Therefore, the Board found that relief was warranted. 
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XXX 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 thelegacy retirement system, and 

b.paying her any retirement funds previously collected, as a result of this correction.


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. 

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. 

//NOTHING FOLLOWS//