ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20180015312 APPLICANT REQUESTS: blended retirement system (BRS) approval. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Emails * Personal appearance before the board FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states due to an issue with the eligible Soldier not populating in Guard Incentive Management System (GIMS); the BRS Bonus could not be processed. After contacting the help desk to get the issue worked and rectified, he was denied a BRS continuation bonus despite submitting all paperwork in an orderly fashion, on time, and filing a help desk ticket which went unread. He tracked and continuously made inquiries regarding this with little feedback. Four months after his initial request he was informed that he was no longer eligible because he had passed the Time in Service (TIS) requirements. He had email traffic covering all dates, times, and inquiries, along with the emails covering the help desk ticket. He had been in the military for 12 years and this bonus was the primary reason he chose to opt in to the Blended Retirement System which is a non-revocable decision. 3. The applicant provides: a. 14 June 2018, the readiness noncommissioned officer (NCO) emailed the Army National Guard (ARNG) Mailbox that he had been trying for a month to get one the applicant’s BRS processed in GIMS for the BRS CP the applicant doesn't populate into GIMS like the NCO thought it would have he would have, or was supposed to, and he could not get it to go through when he did it manually; he had sent an email previously and tried calling and could not get through. Please contact the NCO on his cell. b. 14 June 2018 the ARNG mailbox to the readiness NCO gave ticket #24346 reference BRS CP issue. The email thanked him for contacting the help desk and a ticket had been opened. They would respond in a timely manner. c. 10 September 2018 the email from the incentive manager NCO to the readiness NCO regarding ticket#24346 reference BRS CP issue stated he had sent an inquiry and forwarded the helpdesk case to NGB requesting guidance. 4. A review of the applicant’s service record shows: a. He enlisted in the South Carolina ARNG on 2 June 2006. b. 16 February 2007, DD Form 214 (Certificate of Release or Discharge from active Duty) he was honorably released from active duty for training (REFRAD) for completion of required active service and transferred to Seneca, SC. He completed 6 months, and 9 days. c. 23 January 2011, Orders 023-0210 released him from active duty, not by reason of physical disability, and assigned to Seneca, SC. Effective date 12 March 2011. d. 12 March 2011, DD Form 214 he was honorably (REFRAD) for completion of required active service and transferred to Seneca, SC. He completed 1 year, 1 month, and 19 days. e. 19 November 2018, DD Form 214 he was honorably (REFRAD) to continue on active duty in another status, transferred to Easley, SC. He completed 10 months, and 24 days. f. 20 November 2018, his Enlisted Record Brief (ERB) section I, assignment information bonus enlistment eligibility date (no date shown). g. 28 November 2018, Orders 332-0009 ordered him to full time National Guard Duty (FTNGD) with his consent and the consent of the Governor of SC in an Active Guard/Reserve (AGR) status for a period of 20 November 2018 thru 31 May 2020 (1 year, 6 months, and 12 days). h. 8 February 2019, Order 039-0001 ordered him to AGR status from 1 March 2019 thru 31 May 2020 (1 year, 3 months). i. 16 August 2019, Advisory Opinion requested. j. 12 September 2019, the request for continuation pay blended retirement system (BRS) agreement the applicant understood that: * He was receiving continuation pay (CP), as part of the BRS, in return for his continued service * He agreed to accept CP 2.5 x base pay for additional obligated service (AOS) from 1 January 2018 to 8 January 2021 * He understood that a portion of his incentive might be allocated to his thrift savings plan (TSP) * The incentive program was a voluntary retention program * He must complete the BRS opt-in procedures prior to completion of his twelfth (12) year of service, based on his pay entry basic date (PEBD), in order to be eligible to receive CP * The effective date of his entitlement to CP is the date the request was approved by the approval authority or the date he opted-in to BRS, whichever occurred later * He requested his CP to be paid out in one single, lump-sum payment * He authenticated and endorsed the form with his signature 5. 16 September 2019, the Advisory Opinion regarding BRS CP for the applicant stated after careful review and in coordination with the ARNG, the Army G-1 (Personnel) supported the applicant’s request for CP as a member of the BRS retirement plan. He enrolled in the BRS on 4 January 2018. His 12th year anniversary, as computed from the PEBD was 2 June 2018. Several Soldiers enrolled in the BRS were eligible for the CP and missed the statutory requirement (PL 114-328, sec. 633) for the timing of payment prior to their 12th year of service due to no fault of their own. As a result, Army G-1 in coordination the Director, ABCMR Army Review Boards Agency, agreed to a single opinion for all such cases to correct the applicants' record. Army G-1 provided that opinion to the ABCMR on 18 August 2019. There are emails in the application that shows the applicant made an effort to start the process. However, they contacted the applicant and informed him that his board application must include a completed CP request. ARNG also confirmed that the Guard Incentive Management System referred to in the application was down for an extended period of time due to the pentagon server fire. 6. 24 September 2019, the applicant was provided the advisory opinion form G-1 to give him the opportunity to submit comments. He did not respond. 7. Blended Retirement System Guidance: The new retirement system is known as the "Blended Retirement System" or BRS. The “blending” in BRS comes from the blending of two major sources of retirement income: the existing annuity provision for those who retire after 20 or more years of service, PLUS the Thrift Savings Plan (TSP). The TSP is a government run 401(k) retirement account that allows members to invest their own money in either stocks or government securities and also get a contribution to that account from their employer. If you’re a member of the uniformed services who will have served for fewer than 12 years1 on December 31, 2017, you will have an important decision to make between January 1 and December 31, 2018: You must choose whether to stay with your current retirement system or move to the new Blended Retirement System (BRS). Once you make your choice, you won’t be able to take it back, even if you change your mind before the 12/31/18 deadline. 8. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The applicant’s contentions, military record, and the Advisory opinion were carefully considered. Based upon a preponderance of the evidence, and the advisory official’s explanation and recommendation in reference to the applicant’s BRS concern, the Board agreed 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 properly applied for the Blended Retirement System 4 January 2018, prior to his twelfth year of service, and his application was received, approved and processed in a timely manner by the appropriate officials and DFAS office. Such relief should result in the payment of any previously denied incenives. ' 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 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. DoD 7000.14-R (Financial Management Regulation) chapter 51 section 510403 (BRS Opt-In Member Individual TSP Contribution) BRS Opt-In. Members will not be automatically enrolled in TSP. BRS Opt-In Members must affirm their prior contribution election or make a new contribution election. A BRS Opt-In Member may contribute to TSP at the individual contribution percentage or dollar amount the member elects at the time of enrollment in BRS. A contribution election may be changed any time in accordance with TSP regulations. 3. Blended Retirement System Guidance: The new retirement system is known as the "Blended Retirement System" or BRS. The “blending” in BRS comes from the blending of two major sources of retirement income: the existing annuity provision for those who retire after 20 or more years of service, PLUS the Thrift Savings Plan (TSP). The TSP is a government run 401(k) retirement account that allows members to invest their own money in either stocks or government securities and also get a contribution to that account from their employer. If you’re a member of the uniformed services who will have served for fewer than 12 years1 on December 31, 2017, you will have an important decision to make between January 1 and December 31, 2018: You must choose whether to stay with your current retirement system or move to the new Blended Retirement System (BRS). Once you make your choice, you won’t be able to take it back, even if you change your mind before the 12/31/18 deadline. 4. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//