IN THE CASE OF:  

		BOARD DATE:  21 May 2020

		DOCKET NUMBER:  AR20190002678


APPLICANT REQUESTS:  removal from the Blended Retirement System (BRS) due to 
erroneous enrollment

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Email Communication covering the period of 11 December 2018 through                  
22 February 2019
*	Screen Shot

FACTS:

1.  The applicant states that he never elected to enroll in the BRS within the MyPay 
online system.  He also contests that he has never completed the BRS mandatory 
training requirement nor ever desired to change his retirement plan option.  He never 
received a notification indicating that he was enrolled until almost a year after the 
election was changed in error.  He received an email from his Readiness Non-
Commissioned Officer (NCO) stating that he was inadvertently enrolled in the BRS.  He 
currently has 18 years of service and has no desire to change the status of his 
retirement plan this late in his career.  

2.  A review of the applicant’s available service records reflects the following: 

   a.	On 20 October 2000 he enlisted in the United States Army National Guard 
(ARNG).
   
   b.	On 24 May 2010 (Order# 107 AR) he received Federal recognition in the ARNG 
for his initial appointment as a Warrant Officer effective 27 April 2010.

   c.	On 8 November 2019 (NGB Form 23A – ARNG Current Annual Statement) 
reflects that the applicant has 18 years of creditable service for retirement pay.  

3.  The applicant provides documented email communication reflective of the 
Retirement Services NCO attempting to resolve the BRS enrollment issue.  In her 
statement she provides that the applicant did not recall opting into the BRS and further 
that based upon his 18 years of service he shouldn’t have been eligible to participate.  
In response a Finance NCO provided record that the system reflects that the applicant 
opted into the BRS on 4 January 2018.  The screen shot from an unknown system 
appears to reflect a monthly contribution of $21.67 being drafted from his pay.  

4.  On 31 January 2020 the Department of the Army, Office of the Deputy Chief of Staff, 
G-1 provided the following guidance regarding Soldiers Opt-in decision to participate in 
the BRS.  
   
   a.	On 1 January 2018 eligible Soldiers were given access to the BRS link on MyPay 
to enroll in the BRS.  The system process required Soldiers to follow 5 separate screens 
(enclosed) to include providing their current address and date of birth.  Screen two 
required the Soldier to acknowledge that he/she understands that the decision to opt-in 
is irrevocable once they complete the election.  On screen three and four, Soldiers had 
to check a box and answer a question respectively that “I fully understand that I am 
opting into the BRS.”  Screen five allowed the Soldier to save and print the confirmation 
and again informed the Soldier that they were opting into the BRS.

   b.	Prior to the beginning of the BRS enrollment, the 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.  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 and 26 January 2018, 
is the right thing to do.

5.  See applicable regulatory guidance below under REFERENCES.  

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, the date he opted into BRS and the subsequent relocation of the BRS opt-in 
link on MyPay.  The Board considered the advisory opinion provided by the HQDA, 
DCS G-1 proponent.  Based on a preponderance of evidence, the Board determined 
that voiding the applicant’s enrollment in BRS is necessary 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

:XXX	:XXX	:XXX	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 4 January 2018 opt-in to BRS, and;
-	Reinstating his eligibility for the retirement system he was previously enrolled in 
prior to the opt-in to BRS.



		  
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 dated January 27, 2017 states that the BRS goes into effect 
January 1, 2018.  Service members who enter the military on or after January 1, 2018, 
will automatically be enrolled in BRS.  Service members who enter service on or before 
December 31, 2017, are grandfathered into the legacy high-3 retirement system.  
However, 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.  Those currently serving members who are eligible to opt into BRS will have an 
entire year to make their opt-in decision.  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)	 AR20190002678


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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