IN THE CASE OF: BOARD DATE: 3 February 2022 DOCKET NUMBER: AR20210005061 APPLICANT REQUESTS: an exception to policy (ETP) to receive 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), 7 January 2021 * Self-authored Statement, 12 November 2020, with timeline * memorandum, Assistant Secretary of the Army, Manpower and Reserve Affairs, 18 December 2019 (BRS CP – Calendar Year 2020 (CY20)) * application, Request for CP (BRS), 19 July 2020 (Approval 30 September 2020) * memorandum, subject: ETP for BRS CP, 12 November 2020 * memorandum, National Guard Bureau (NGB), 16 November 2020, subject: Request for ETP for CP [Applicant] FACTS: 1. The applicant states: a. He applied through his battalion for CP under the BRS on a digital application on 19 July 2020. The deadline for signature was 20 August 2020, based on his pay entry base date (PEBD) of 20 August 2008. b. The application was delayed in the chain of command resulting in an approval date past the required date. Approval was denied because of the late approval date, not through any fault of his own. An ETP was also denied. c. Guidance for BRS for CY20 states Soldiers should submit requests for CP no later than 30 days prior to completing 12 years of service. His chain of command provided its explanation for not signing the approval in time. d. The CP incentive amounts to $26,536.00 and would be a great benefit to him and his family if not for this error. Additionally, it serves as a retention tool as he is agreeing to additional years of service. 3. A review of the applicant's service records shows: a. He is on active duty. His PEBD is 20 August 2008. b. He enlisted for a period of 8 years in the Florida Army National Guard (FLARNG) on 20 August 2008. On 15 December 2011, he was honorably discharged from the FLARNG in order to accept an appointment as a commissioned officer, and on 16 December 2011, he was appointed as a Reserve commissioned officer in the Army Signal Corps. He was promoted to captain/O-3 on 25 June 2016 g. He provided a copy of: (1) His request for CP under BRS, signed 19 July 2020. The Commander, Headquarters and Headquarters Company (HHC), 753rd Brigade Engineer Battalion (BEB), FLARNG, approved his request on 30 September 2020. (2) A memorandum, subject: ETP for BRS CP, 12 November 2020, from HHC, 753rd BEB, FLARNG. It explains the delay in approval of the applicant's request for CP and notes, in effect, that the applicant was not at fault for the delay. (3) A memorandum from NGB, 16 November 2020, disapproving his request for an ETP for BRS CP. 4. On 18 January 2022, the Office of the Deputy Chief of Staff, G-1, provided an advisory opinion for the Board. It reads, in part: a. After careful review, this office supports the applicant’s request for payment of CP based on the date of the original request in July 2020 in accordance with policy, specifically at the pay grade of O-3 with 10 years for pay purposes from the 2020 pay scale ($6,633.90 x 4 = $26,535.60). b. Relief is recommended based on the combination of the unique circumstances of the applicant's service, the clear intent of opting into BRS for the purpose of CP, and the timeliness of the approval process. 5. On 18 January 2022, the applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a response/rebuttal. He did not respond. 6. Title 37, U.S.C. section 356, Continuation Pay, states the Secretary concerned shall make a payment of continuation pay to each full TSP member of the uniformed services under the jurisdiction of the Secretary who (1) completes 12 years of service; and (2) enters into an agreement with the Secretary to serve for an additional 4 years of obligated service. 6. A memorandum from the Assistant Secretary of the Army, Manpower and Reserve Affairs, 18 December 2019, establishes eligibility, amounts, and additional service obligations for CP in CY20 as authorized in Title 37, U.S.C. section 356. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the applicant submitted his CP request prior to completion of his 12th year of service as required by the program's rules, but due to no fault of his own, the request was approved after he had completed his 12th year of service, which rendered the request invalid. The Board concurred with the advisory official's conclusion that relief is warranted in this case. The Board determined the applicant's record should be corrected to show his request for CP was approved prior to completion of his 12th year of service and he should be paid CP at the applicable rate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 and Army National Guard records of the individual concerned be corrected by showing his request for continuation pay was approved prior to completion of his 12th year of service. As a result of this correction, he should be paid continuation pay at the applicable rate. 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, U.S.C. section 356, Continuation Pay. The Secretary concerned shall make a payment of continuation pay to each full TSP member of the uniformed services under the jurisdiction of the Secretary who (1) completes 12 years of service; and (2) enters into an agreement with the Secretary to serve for an additional 4 years of obligated service. 2. Memorandum, Assistant Secretary of the Army, Manpower and Reserve Affairs, 18 December 2019, establishes eligibility, amounts, and additional service obligation for CP in CY20 as authorized in Title 37, U.S.C. section 356, Continuation Pay. a. Eligibility. Any member who meets the following criteria is eligible to enter into an agreement to serve the obligation period specified in paragraph 6 below:(1) Is covered under the BRS and has not previously received GP; (2) If an Army National Guard Soldier, must have a PEBD between 1 January 2008 and 31 December 2008, and will complete 12 years of service during CY20 as calculated from the Soldier's PEBD, and is a member of the Selected Reserve or otherwise a member of the Ready Reserve in a status in which the member is eligible to receive basic pay or inactive duty pay. b. CP Amount. For Army National Guard Soldiers serving in the SELRES (minus AGR), CP is 4 times the active duty monthly basic pay, based on current grade and years of service at the time CP is approved. c. Service Obligation. In exchange for the CP, Soldiers must agree to serve for 4 years of additional service in the component in which they are serving at the time CP is approved. The service obligation commences upon approval of the CP request. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005061 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1