IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20210016009 APPLICANT REQUESTS: correction of his record to show he 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) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 8 February 2020 * National Guard Bureau (NGB) Form 23C (Army National Guard (ARNG) Retirement Points History Statement Application for Retirement Pay) * California (CA) Army National Guard (ARNG) Orders Number 245-5000 FACTS: 1. The applicant states he requests an exception to policy to reapply for BRS CP to be allowed to maintain his eligibility for CP because he is currently past his 12-years of service. He did not receive any information or notification that he was required to submit a request for the CP prior to his 12th year of service which was on 16 November 2019. He was notified by the state incentives coordinator that he missed the suspense to apply, and he was no longer authorized to receive the CP. 2. A review of the applicant's service record shows: a. The applicant enlisted in the ARNG on 16 November 2007. He had continuous service through extensions. b. On 16 November 2007, Orders Number 7320016, issued by the Salt Lake City Military Entrance Processing Station (MEPS), the applicant was ordered to initial active duty for training (IADT), effective 7 October 2008. c. The applicant was honorably released from active duty on 12 March 2009. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 5-months and 6-days of active service. d. On 26 April 2010, Orders Number 116-029, issued by the State of Nevada (NV) Military Department, the applicant was ordered to active duty for training (ADT), effective 30 April 2010 to complete pre-mobilization training. e. The applicant was honorably released from active duty on 9 July 2010. DD Form 220 (Active Duty Report) shows the applicant completed 70-days of active service. f. On 23 June 2010, Orders Number 174-181, issued by the State of NV Military Department, the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 10 July 2010. g. The applicant was honorably released from active duty on 5 August 2011. DD Form 214 shows the applicant completed 1-year and 26-days of active service. h. On 5 July 2012, Orders Number 187-623, issued by the State of NV Military Department, the applicant was ordered to active duty in an Active Guard/Reserve (AGR) status, effective 1 July 2012. He had continuous AGR status through extensions. i. On 15 March 2016, Orders Number 76-5001, issued by the CAARNG, the applicant was ordered to active duty in AGR status, effective 1 April 2016. He had continuous AGR status through extensions. j. The applicant was honorably released from active duty on 31 March 2016. DD Form 214 shows the applicant completed 3-years and 9-months of active service. k. On 1 April 2016, Orders Number 091-704, issued by the NV Military Department, the applicant was released from the NVARNG and assigned to the CAARNG, effective 31 March 2016. l. The applicant obtained 12-years of service based on pay entry base date (16 November 2007) on 15 November 2019. 3. The applicant provided his NGB Form 23C dated 8 July 2021, which shows he had 13-years of creditable service for retirement pay. 4. On 16 June 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 to be paid his BRS CP. The advisory official stated the G-1 supported the applicant's request for a correction of his service records and payment of BRS CP based on the date the applicant would have otherwise been qualified. Specifically, the pay grade he held on 16 November 2019 with 12-years of service for pay from the 2019 pay scale multiplied by 2.5. 5. On 22 June 2022, the Army Review Boards Agency, Case Management Division provided the applicant a copy of the advisory opinion for review and comment. He 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 in this case supports relief. The Board determined the applicant’s record should be corrected to show he submitted a timely request for BRS CP. 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 and Army National Guard records of the individual concerned be corrected by showing he made a timely election for BRS CP. He should be paid any monies he 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) AR20210016009 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1