IN THE CASE OF: BOARD DATE: 16 March 2022 DOCKET NUMBER: AR20210007593 APPLICANT REQUESTS: payment of $14,624.00 as part of the Blended Retirement System (BRS) Continuation Pay (CP) entitlement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4836 (Oath of Enlistment or Reenlistment) * Two Leave and Earnings Statement (LES) * All Army Activities (ALARACT) 014/2020 – Blended Retirement System (BRS) Continuation Pay (CP) * Office of the Deputy Chief of Staff, G-1 memorandum * Army National Guard (ARNG) Retirement Points History Statement * Manpower and Reserve Affairs memorandum FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: a. On 30 January 2019, he extended for an additional six years in the Alaska Army National Guard. On 4 June 2020, he was advised by the State Incentives Manager that he was eligible for the BRS CP. The State further advised that the G-1 office had failed to notify all eligible Soldiers of the CP entitlement; therefore, they were reaching out to those eligible to file with the Army Board for Correction of Military Records to correct the mistake. b. Based on the Manpower and Reserve Affairs memorandum, he reached his 12 years of service on 8 May 2019. The memorandum also states, if his Pay Entry Base Date (PEBD) is between 1 January 2007 and 31 December 2007, he is eligible for CP. Had he been notified of his eligibility, he would have submitted the request immediately. He met all requirements and obligation by extending beyond the four years required to receive the payment. Based on the aforementioned dates, he is entitled to receive four times the active duty monthly basic pay, a total of $14,624.00. 3. The applicant provides: a. DD Form 4836 (Oath of Enlistment or Reenlistment), dated 15 January 2019, shows he extended his current expiration of term of service (ETS) of 8 May 2019 by six years, adjusting his ETS to 8 May 2025. b. Two Leave and Earnings Statements, dated 1 May 2007, for the periods covered (see date) 15 March 2019 and 8 May 2019. c. ALARACT 014/2020, dated 12 February 2020, Subject: Blended Retirement System (BRS) Continuation Pay (CP) Implementation Guidance, provides additional administrative procedures necessary to enhance the implementation and execution of the Army’s CP policy. d. Office of the Deputy Chief of Staff, G-1 memorandum, dated 22 June 2020, Subject: Delegation of Authority: Blended Retirement System (BRS) Enrollment Period Extension and Enrollment Date Adjustment, extends the entitlement until 31 December 2020 in order to provide additional time for any Soldier that desires enrollment to BRS but was unable due to restrictions from the response to the COVID-19 outbreak. e. Army National Guard (ARNG) Retirement Points History Statement, date prepared 31 August 2020, reflects the applicant’s total points for retirement pay as 1829 and creditable service for retirement pay as 12 years. f. Manpower and Reserve Affairs memorandum, Subject: Blended Retirement System (BRS) Continuation Pay (CP) – Calendar Year 2019 (CY19), establishes eligibility, amounts, and additional service obligation for CP in CY19 as authorized in sections 634 and 635 of reference 1.a. and amended by section 633 of reference 1.b. 4. A review of the applicant’s service records show he enlisted in the Army National Guard on 1 May 2007 and is currently still serving with the Alaska Army National Guard. 5. Office of the Deputy Chief of Staff, G1 advisory opinion, dated 4 March 2022, states: “After careful review, this office supports the applicant’s request for payment of CP request based on the date of that the applicant would have otherwise been qualified for in accordance with reference c. Specifically, as the pay grade of E6 with 10 years for pay purposes from the 2019 pay scale ($3,656.40x 4 = $14,625.60).” 6. Department of Defense Financial Management Regulation (DODFMR), Volume 7B states the law permits active duty Service members with less than 12 years of service on 31 December 2017, or Service members in the Reserve Component who were in a paid status and accrued less than 4,320 retirement points as of 31 December 2017, the option of electing to be covered under the BRS or to remain with their applicable legacy retirement system. The law provides a one-year election period for those Service members eligible to opt into the BRS from 1 January 2018 and ends on 31 December 2018. The decision to opt into BRS is irrevocable. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and Office of the Chief of Staff, G-1 Program Analyst, Compensation and Entitlement Division advisory opinion, the Board concurred with the advising official recommendation and approval for payment of Continuation Pay (CP) request based on the date of that the applicant would have otherwise been qualified for in accordance with reference c. Specifically, as the pay grade of E6 with 10 years for pay purposes from the 2019 pay scale ($3,656.40x 4 = $14,625.60). The Board determined there is sufficient evidence to grant relief for payment of the Blended Retirement System (BRS) Continuation Pay (CP) entitlement. 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: 1. 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 showing the applicant is entitled payment of $14,624.00 as part of the Blended Retirement System (BRS) Continuation Pay (CP) entitlement. 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 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DODFMR, Volume 7B states pursuant to the NDAA for FY 2016, as amended by the NDAA FY 2017, the DOD established the modernized retirement system, commonly known as the BRS. The BRS is the retired pay system for all Service members who entered military service on or after 1 January 2018. All members serving as of 31 December 2017 were grandfathered under the applicable legacy retirement system. The law permits active duty Service members with less than 12 years of service on 31 December 2017, or Service members in the Reserve Component who were in a paid status and accrued less than 4,320 retirement points as of 31 December 2017, the option of electing to be covered under the BRS or to remain with their applicable legacy retirement system. The law provides a one year election period for those Service members eligible to opt into the BRS from 1 January 2018 and ends on 31 December 2018. The decision to opt into the BRS is irrevocable. 3. 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 4. 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) AR20210007593 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1