IN THE CASE OF: BOARD DATE: 7 May 2020 DOCKET NUMBER: AR20180015146 APPLICANT REQUESTS: disenrollment from Blended Retirement System (BRS) and enrollment back in the legacy retirement system. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Blended Retirement System Opt-In Course Certificate, dated 9 January 2018 * Email between applicant and National Guard Bureau, dated 10 January 2018 * DA Form 2823 (Sworn Statement), dated 10 January 2018 FACTS: 1. The applicant states: a. He was enrolled into the new BRS, and would like to return to the traditional retirement. He was positive there was a glitch in the system, as he never wanted to and does not want to be in the BRS. Within the first day of the new BRS, the applicant was enrolled in the early morning (0331 hours) and went into effect that night. He stated he discovered the error on 9 January 2018. b. The applicant didn't have the online training complete and was not in the office to log on his computer. He states he has no idea how any of this happened. His wife didn't have access to any of the systems, nor does anyone else. In the Washington Army National Guard, the Soldiers were on a 4/10 work schedule with Mondays off. When he got into the office on Tuesday 9 January 2018, he opened an email that reflected enrollment in the new blended retirement system. The email stated his enrollment at 0331 hours on 5 January 2018 became effective at 1756 hours on 5 January 2018. He did not click the link on MyPay for this new retirement and did not go through multiple screens to accept the new retirement. The applicant didn't go into the office until 0700 hours on 5 February 2018. c. The applicant had no idea how this happened and contacted his battalion S1, Defense Finance and Accounting Service (DFAS) and the Joint Knowledge Online (JKO) help desk to determine what happened. While on hold, he completed the BRS Online training on 9 January 2018. DFAS was no help and stated multiple times that he signed up for the BRS and no one else could do it for him. He was informed, he was locked in and no one can help get this resolved. The applicant does not believe this to be true, He feels the system had a glitch and was automatically enrolled. The enrollment was implemented before the completion of the online training. d. The applicant contacted the JKO helpdesk to see if they knew of another system that might be helpful or someone to call. It was a dead end since they only run the online training for the blended retirement system. The applicant called the battalion S1 who referred him to the DFAS helpdesk. The applicant states this is a new system and most people are still in the learn stage. e. The applicant states he has been in the Army National Guard for 12 years, and joined in July of 2006 with 8 years of full time service (2953 career points). He does not see himself getting out until he completed 20 years, but more along the lines of 26-30 years. He is an AGR Soldier, and is in it for the long haul. 2. A review of the applicant’s official records shows: a. On 21 July 2006, the applicant enlisted into the Army National Guard for a period of 8 years in the pay grade of Private (PVT)/E-1. b. On 29 August 2009, the applicant returned from Iraq. He served on active duty in support of Operation Iraqi Freedom. He was released from active duty with a Character of Service of Honorable. The separation authority of AR 635-200, Chapter 4 with a Narrative Reason for Separation of Completion of Required Active Service. c. On 22 April 2020 received orders from the Washington Army National Guard promoting him to Sergeant First Class (SFC)/E-7 with an effective promotion rank and grade entry date of 6 February 2020. 3. The applicant provides: a. Blended Retirement System Opt-In Course Certificate, dated 9 January 2018, that reflected the applicant successfully completed the BRS course to Opt-In the program. b. On 9 January 2018, the applicant contacted Human Resources Command (HRC) to determine what steps would he need to take to reverse the Opt In of BRS. HRC said to contact DFAS, they had no authority on that system. c. DA Form 2823 (Sworn Statement), dated 10 January 2018, the applicant initiated a statement explaining why he did not sign up for the system. He said there must have been system issues that would have enrolled him prior to completion of the course. d. The applicant forwarded an email received from DFAS to the National Guard Bureau, dated 10 January 2018. The email confirms MyPay transmitted his Blended Retirement transaction to his payroll system on Friday, 5 January 2018. His payroll system must process this transaction before it will become effective. 4. In the processing of this case, an advisory opinion was obtained on 31 January 2020 from the Office of the Deputy Chief of Staff, G-1. The advisory official supports certain requests for removal from the Blended Retirement System (BRS) despite enrollment on 26 January 2018 or earlier. Army G-1 considers it is in the Army's best interest that giving Soldiers the benefit of the doubt who notified the Army of their enrollment between 1- 26 January 2018, is the right thing to do. A copy of the complete advisory opinion has been provided to the Board for their review and consideration BOARD DISCUSSION: 1. The Board carefully consider the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the evidence of enrollment in BRS and the review and conclusions of the HQDA G1 advising official. The Board considered the date of the applicant’s “opt in” and the subsequent change to the MyPay website to eliminate potential confusion by users. Based on a preponderance of evidence, the Board determined that the applicant’s continued enrollment in BRS would be unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX 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 opt in to the Blended Retirement System on 5 January 2018, and; - Restoring the applicant’s eligibility for 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. 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, January 27, 2017, the BRS goes into effect January 1, 2018. BRS offers service members portable government retirement savings, provides the Department of Defense (DoD) greater force management flexibility and is a key step in modernizing DoD’s ability to recruit, retain and maintain the talent required for military readiness, while reducing the direct cost to the American taxpayer. Eligibility: a. Service members who enter the military on or after January 1, 2018, will automatically be enrolled in BRS. b. Service members who enter service on or before December 31, 2017, are grandfathered into the legacy high-3 retirement system. c. 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. d. Those currently serving members who are eligible to opt into BRS will have an entire year to make their opt-in decision. e. 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) AR20180015146 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1