ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 16 September 2019 
DOCKET NUMBER: AR20190008370

APPLICANT REQUESTS: approval of his application for Continuation Pay (CP) under 
the Blended Retirement System (BRS)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Request for Continuation Pay (Blended Retirement System)
*	Memorandum For Record: Blended Retirement System Continuation Pay – 
Calendar year 2019)
   *	Leave and Earnings Statement for May 2019 
FACTS:
1.	The applicant states that he was denied eligibility for continuation pay under the BRS 
due to his inability to obtain approval prior to his 12 years of service anniversary date. 
He obtained 12 years of service on 17 May 2019. His application was signed by the 
certifying official on 20 June 2019, the recipient on 21 June 2019 and by the approval 
authority on 21 June 2019. All dates reflect a submission and approval date occurring 
after the applicant’s 12 years of service anniversary date as reflected in the Remarks 
section of his May 2019 leave and Earnings Statement (LES). He further states that he 
followed the guidance provided in the BRS CP for Calendar Year 2019 memorandum. 
In doing so, he waited until his 12th year of service to submit his request in accordance 
with the guidance provided within the memorandum. He contest that the guidance in 
Section 7c. of the memorandum is unclear.  He understood the timeline of submission 
to be “within his 12th year of service” and “NLT 30 days prior to completion of his 12th 
year.” By his account this would require his submission to occur after 17 May 2019 and 
before 17 April 2020.

2.	The applicant provides a:

*	Request for Continuation Pay (Blended Retirement System) dated 21 June 2019
– reflective of the applicant’s approved request



*	Memorandum For Record: Blended Retirement System Continuation Pay – 
Calendar year 2019) – reflective of the applicable guidance pertaining to 
eligibility, application process, payment options and approval authority
*	Leave and Earnings Statement for May 2019 – reflective of the applicant’s 
enrollment in the BRS with a 18 May 2007 Pay Date and 17 May 2019 Longevity 
date

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

*	Basic Active Service Date – 26 May 2007
*	Pay Entry Basic Date – 18 May 2007

4.	An advisory opinion was obtained from the Department of the Army, Chief 
Compensation and Entitlements Division on 16 August 2019. Upon review of the 
applicant’s request, he recommended that the ABCMR correct the records to show that 
the applicant was in receipt of a completed CP request prior to the completion of 12 
years of service as computed from the PEBD. Further it is recommended that the 
ABCMR approve the applicant’s entitlement to CP and authorize the Defense Finance 
and Accounting Service to disburse payment utilizing the Military Pay Account and not 
the ABCMR funds payable through Debts and Claims.

5.	On 29 August 2019 the applicant acknowledged receipt of the advisory opinion and 
concurred with the recommendation as provided by the Chief, Compensation and 
Entitlements Division.

6.	Memorandum for Record: Blended Retirement System Continuation Pay – Calendar 
year 2019 states that the application window for enrollment is no later than 30 days prior 
to completion of 12 years of service based upon the Soldiers Pay Entry Basic Date 
(PEBD). Enrollment must be completed in a timely manner and must be approved prior 
to the Soldier completing 12 years of service based on his PEBD.

7.	Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan 
members with 8 to 12 years of service) and Public Law 114-328 states that to be eligible 
for CP an individual must have completed not less than 8 but not more than 12 years of 
service and enter into an agreement to serve not less than 3 additional years of 
obligated service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The Board found sufficient evidence that the applicant intended to 
apply for the BRS continuation pay (CP) in accordance with statutory requirements.
The Board agreed with the Department of the Army, Chief Compensation and 
Entitlements Division advisory opinion to correct the applicant’s records to show that 
he was in receipt of a completed CP request prior to the completion of 12 years of



service as computed from the PEBD. The Board further agreed with the advisory 
recommendation to approve the applicant’s entitlement to CP and authorize the 
Defense Finance and Accounting Service to disburse payment utilizing the Military Pay 
Account and not the ABCMR funds payable through Debts and Claims.

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 that the evidence presented was 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:

  1.	showing the applicant was in receipt of a completed continuation pay (CP) 
request prior to the completion of 12 years of service as computed from the PEBD

      2.	DFAS paying his entitlement to CP utilizing the Military Pay Account and not 
the ABCMR funds payable through Debts and Claims


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 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan 
members with 8 to 12 years of service) and Public Law 114-328 states that to be eligible



for CP an individual must have completed not less than 8 but not more than 12 years of 
service and enter into an agreement to serve not less than 3 additional years of 
obligated service.