ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190001978 APPLICANT REQUESTS: Correction of her record to show she is enrolled in the legacy retirement system instead of the Blended Retirement System (BRS). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR), Subject: Petition for Inadvertently Opting Into BRS, dated 28 November 2018 FACTS: 1. The applicant states she inadvertently opted into the BRS several months ago. It was early in the morning and she just arrived to work. She logged into the MyPay system. She thought she was selecting her Leave and Earnings Statement (LES), but she was really opting into the BRS. This was by complete accident. She should have read the message. She was unaware at the time that this was how the Army was going to opt into the BRS. She was used to messages popping up about going paperless, etc. She did not read the message and complied with the pop up. She was aware that the All Army Activities (ALARACT) Message says "the decision by a member eligible to elect to enroll in the BRS is irrevocable." This was not her decision and enrolled into the BRS completely by mistake. 2. A review of the applicant’s service records show the following on: * 16 April 2010 – the applicant enlisted in the U.S. Army Reserve and served in various assignments * 21 September 2016 – Orders Number 16-265-00060, issued by Headquarters, 63rd Regional Support Command promoted the applicant to the rank/grade of staff sergeant (SSG)/E-6 3. The applicant provides a MFR wherein she is requesting assistance from her unit to resolve her inadvertent enrollment into the BRS. 4. On 3 May 2019, the Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Compensation and Entitlements Division opined that, prior to the beginning of the BRS enrollment, the Defense Finance and Accounting Service (DFAS) moved the LES link on MyPay and replaced it with the BRS opt-in link. Service members immediately began to contact their respective Services of their "erroneous" enrollment while trying to acquire a LES and surprisingly received notification that they had opted into the BRS. After several complaints, the Department in coordination with DFAS, moved the LES link back to its customary first position on MyPay and relocate the BRS link effective 26 January 2018. Given the relatively 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 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. 5. The applicant was provided with a copy of the advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. 6. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and an advisory opinion. The Board considered that the applicant enrolled during the first week of the program, that the location of the BRS link on the MyPay screen was later moved to reduce confusion, and the opinion of the G1 Pay and Compensation advising official supporting the applicant’s request. Based on the advisory opinion and a preponderance of the evidence, the Board determined that the applicant’s enrollment in BRS was in error and it would be unjust to deny the requested relief. 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 election to enroll in the Blended Retirement System on 5 January 2018 and restoring her eligibility to participate in the legacy retirement system. X CHAIRPERSON 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. ADMINISTRATIVE NOTE(S): Not Applicable 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.