IN THE CASE OF: 

		BOARD DATE:  25 August 2022

		DOCKET NUMBER: AR20210015503


APPLICANT REQUESTS:   correction of her record to show she is eligible to be paid 
Blended Retirement System (BRS) Continuation Pay (CP).


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Request for CP (BRS)

FACTS:

1.  The applicant states in effect, on 18 March 2020, she submitted her request for 
payment of CP under the BRS to Captain (CPT). She followed up on numerous 
occasions both verbally and via e-mail. CPT still has not responded to her inquiries. 
Before she reached her 12-years of service, she contacted the command G-1 on 
19 August 2020 and was told they did not have access to the system, she was referred 
to CPT . She was finally was able to contact CPT who told her that she was no longer in 
the position that processed BRS CP, but she was currently training someone to take on 
the duties. She was told she would need to contact the command G-1. She then 
submitted her documents to the command G-1 and when she inquired about the status 
of her request, she was told by Major (MAJ) . He told her he was not familiar with the 
issue and told her to contact CPT . On 8 January 2021, she sent an e-mail to CPT , 
MAJ, and Lieutenant Colonel (LTC) to inquire about the status of her request for BRS 
CP. She never received a response. On 3 March 2021, she contacted the Senior 
Human Resources Sergeant at the command G-1, who was told by the command G-1 
Noncommissioned Officer in Charge (NCOIC), they could not process the request as it 
was never submitted. She told the command G-1 she would contact the Inspector 
General for resolution. 

2.  A review of the applicant's service record shows:

	a.  The applicant enlisted in the Army National Guard (ARNG) on 
19 September 2008. She had continuous service through extensions or reenlistments.

	b.  On 28 May 2009, Orders Number 9148006, issued by the Military Entrance 
Processing Station (MEPS), the applicant was ordered to initial active duty for training 
(IADT), effective 10 June 2009.

	c.  The applicant was honorably released from active duty on 23 October 2009. 
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the 
applicant completed 4-months and 15-days of active service.

	d.  On 5 January 2010, Orders Number 005-002, issued by the Virgin Islands 
National Guard (VIARNG), the applicant was ordered to Full Time National Guard Duty 
– Operational Support, effective 11 January 2010.

	e.  The applicant was honorably released from active duty on 31 January 2011. 
DD Form 214 shows the applicant completed 1-year and 20-days of active service.

	f.  The applicant obtained 12-years of service based on her pay entry base date 
(19 September 2008) on 18 September 2020.

	f.  On 10 July 2013, Orders Number 191-500, issued by the Joint Force 
Headquarters (HQs), VI, the applicant was ordered to active duty in an Active 
Guard/Reserve (AGR) status, effective 15 July 2013. The applicant has continuous 
AGR status through extension of AGR duty.

3.  The applicant provides the request for CP BRS form, requesting a lump sum 
payment for the BRS CP for an additional service obligation of 4-years, which the 
applicant signed on 18 March 2020. The form was not signed by the certifying official or 
the approval authority.

4.  On 25 May 2022, in the processing of this case, the Office of the Deputy Chief of 
Staff, G-1, provided an advisory opinion regarding the applicant's request for BRS CP. 
The advisory official stated the G-1 supports the applicant's request for the correction of 
her record and the payment of BRS CP based on the date the applicant would have 
otherwise been qualified, specifically, in the pay grade of Staff Sergeant (SSG)/E-6 with 
10 years of service for pay from the 2020 pay scale in the amount of $9,424.50.

6.  On 31 May 2022, the applicant was provided with a copy of the advisory opinion for 
comment. She did not respond. 






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 concurred with the conclusion of the advisory official that the evidence 
supports the requested relief.  The Board determined the applicant’s record should be 
corrected to show she submitted a timely request for BRS CP, which was approved, 
and she should be paid BRS CP in accordance with the program rules. 


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 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 showing a timely request 
for BRS CP was approved. The applicant should be paid any monies she is due as a 
result of this correction.

		  
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.  Public Law 114-92, National Defense Authorization Action (NDAA) for Fiscal Year 
(FY 2016, section 634 (CP for Full Thrift Savings Plan (TSP) Member with 12-Years of 
Service), (a) CP, 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:

*	completes 12 years of service; and 
*	enters into an agreement with the Secretary to serve for an additional 
	4-years of obligated service

(b)  Amount, the amount of CP payable to a full TSP member under subsection (a) shall 
be the amount that is equal to in the case of a member of a regular component:

*	the monthly basic pay of the member at 12 years of service multiplied by 2.5; 
plus 
*	at the discretion of the Secretary concerned, the monthly basic pay of the 
member at 12-years of service multiplied by such number of months (not to 
exceed 13-months) as the Secretary concerned shall specify in the agreement of 
the member under subsection (a)

(d)  Timing of Payment, the Secretary concerned shall pay CP under subsection (a) to a 
full TSP member when the member completes 12 years of service. If the Secretary 
concerned also provides CP under subsection (c) to the member, that CP shall be 
provided when the member completes 12 years of service.

2.  Title 37, United States Code, section 356 (CP) states:

	a.  The Secretary concerned shall pay CP under subsection (a) to a full TSP 
member when the member has completed not less than 8 and not more than 12 years 
of service in a uniformed service. Enters into an agreement with the Secretary to serve 
for not less than three additional years of obligated service. A full TSP member may 
elect to receive CP in a lump sum or in a series of not more than four payments.

	b.  Payment Amount—the Secretary concerned shall determine the payment amount 
under this section as a multiple of a full TSP member's monthly basic pay. The multiple 
for a full TSP member who is a member of a Reserve Component, if the member is 
performing Active Guard/Reserve duty (as defined in Title 10, USC, section 101(d)(6)), 
shall not be less than 2.5 times the member's monthly basic pay.

	c.  The maximum amount the Secretary concerned may pay a member under this 
section is — in the case of a member of a Regular Component—the monthly basic pay 
of the member at 12 years of service multiplied by 2.5.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210015503


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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