ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20190010463 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) * Leave and Earnings Statement FACTS: 1. The applicant states that due to a lack of clear guidance regarding the CP process requirements he is petitioning the board for the correction of his military records to reflect CP bonus request prior to his completion of 12 years of service as computed from his Pay Entry Base Date (PEBD) resulting in his entitlement to CP. He expresses full support has been obtained by his leadership as the personnel community was not fully abreast of the laws and policies applicable to the BRS. 2. The applicant provides: * a Request for Continuation Pay (Blended Retirement System) dated 16 July 2019 – reflective of the applicant’s approved request * a Leave and Earnings Statement for May 2019 – reflective of the applicant’s enrollment in the BRS with a 10 March 2006 Pay Date 3. A review of the applicant’s available service records indicates the following: * Basic Active Service Date – 10 March 2006 * Pay Entry Basic Date – 10 March 2006 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. 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 him 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. //NOTHING FOLLOWS//