BOARD DATE: 13 March 2020 DOCKET NUMBER: AR20180015495 APPLICANT REQUESTS: removal from the Blended Retirement System and solely elects the Legacy Retirement System. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states that he was confused and accidently opted into the Blended Retirement System while trying to obtain his leave and earnings statement (LES) on the MyPay Defense Finance and Accounting Service website. The "Opt In" link was where he normally would click to check his LES. He knew the position of the link had been changed, but it was very confusing to him at the time. He states the first choice of buttons was "Yes, I have completed training." Or "No, please take me to training on the Joint Knowledge Online (JKO)." He thought he was taking training for MyPay and selected, "Yes." He saw the next screen where his choices were, "Yes, I am aware the decision is irrevocable." Or, "No, please take me to the training on Joint Knowledge Online (JKO)." He again selected the "Yes" button not realizing he was opting into the Blended Retirement System. He does not feel the information presented on the MyPay website was clear nor does he believe the link was in the proper place near where the LES link had been. 2. At the time of his application dated 30 October 2018, he was serving on active duty in a mobilization status. He is a sergeant first class/pay grade E-7 in the State of Mississippi Army National Guard (ARNG). He was mobilized to support Operation Enduring Freedom (Spartan Shield) with service in Kuwait and Iraq. Prior to his mobilization on 4 April 2006, he received a letter informing him he was eligible for retired pay at age 60 also known as the Twenty Year Letter. 3. On 14 October 2019 the applicant was released from active duty upon completion of his required service. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) documenting his active duty service. Item 12e (Record of Service – Total Prior Inactive Service) shows he had 28 years, 7 months and 28 days of inactive service. 4. A review of the applicant’s interactive Personnel Records Management System record failed to show a copy of his ARNG Chronological Statement of Retirement Points was filed. Therefore, it is unknown how many retirement points the applicant had on 31 December 2017. 5. In the processing of this application, a request for an advisory was sent to Headquarters (HQ), National Guard Bureau and HQ Department of the Army (HQDA), Deputy Chief of Staff, G1, Compensation and Entitlements Division. The HQDA representative for the Compensation and Entitlements Division stated that Soldiers who opted into the Blended Retirement System before 23 January 2018, HQDA would support correcting their record. The Defense Finance and Accounting Service (DFAS) moved the link on 23 January 2018. The representative stated, "Soldiers that opted in after 23 Jan[uary] [20]18 should remain in the [Blended Retirement System]." 6. In the processing of this case, a request for information was sent to the U.S. Army Human Resources Command (HRC) concerning the specific date the applicant "opted- in" to the Blended Retirement System. A systems analyst responded stating the applicant was eligible for the Reserve Component Blended Retirement System during the period 12 December 2017 through 31 December 2018. He "opted-in" on 5 January 2018 and HRC received the transaction file from DFAS on 9 January 2018. 7. On 20 January 2020 the Chief, Compensation and Entitlements Division for HQDA sent the Army Review Boards Agency a memorandum titled, "Blended Retirement System (BRS) pertaining to certain Soldiers opt-in decision to BRS." a. The official stated that on 1 January 2018 eligible Soldiers received access to the BRS link on MyPay to enroll in the BRS. At the time the computer system process required Soldiers to follow five separate screens to include providing their current address and date of birth. Screen two required the Soldier to acknowledge that he/she understood that the decision to opt-in is irrevocable upon completion of the election. Screens three and four required Soldiers to check a box and answer a questions, "I fully understand that I am opting into the BRS." Screen five allowed Soldiers to save and print their confirmation certificate informing them they were now enrolled into the BRS. b. 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 reported immediately that they had erroneously opted into the BRS. After numerous complaints, DFAS moved the LES link back to its customary position on MyPay and relocated the BRS link effective 26 January 2018. c. The Army G1 considers it in the Army’s best interest to correct the record of Soldiers impacted by the location of the BRS opt-in link during the period from 1 January through 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, issuance of a 20-year letter and his release from active duty. The Board considered the reviews by an HRC advising official to include the date shown for his enrollment in BRS and the review and recommendation by the HQDA DCS G1 advising official. Based on a preponderance of evidence, the Board determined that the applicant’s enrollment in BRS was erroneous and that a correction was appropriate to correct an 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 5 January 2018 “opt-in” to the Blended Retirement System, and; - Restoring the applicant’s eligibility in the legacy retirement system he was enrolled in prior to 5 January 2018. 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: The National Defense Authorization Act for Fiscal Year 2016 created a new retirement system for members of the Uniformed Services. This system, the Blended Retirement System (RBS), blends the traditional legacy retirement pension, also known as the defined benefit, with a defined contribution benefit into a Thrift Savings Plan. The effective date of the BRS was 1 January 2018. The BRS eligibility is dependent upon when one joined the Uniformed Services. For members who enter the Uniformed Service after 1 January 2018, they are automatically enrolled in the BRS. If one was an Active Component Service member with 12 years (or more) of service prior to 31 December 2017, they were grandfathered under the legacy retirement system. The specific rules for National Guard or Reserve Service members were if they had accrued more than 4,320 retirement points as of 31 December 2017, they were grandfathered under the legacy retirement system. If National Guard or Reserve Service members in a pay status who had accrued less than 4,320 retirement points as of 31 December 2017 were also grandfathered under the legacy retirement system. However, those Reserve Component members in this category of less than 4,320 retirement points could choose to opt into the BRS. (Source "A Guide to the Uniformed Services Blended Retirement System” published by the Department of Defense, Office of Financial Readiness.) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015495 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1