IN THE CASE OF: BOARD DATE: 29 August 2023 DOCKET NUMBER: AR20220010292 APPLICANT REQUESTS: receipt of the Blended Retirement System (BRS) Continuation Pay (CP); or in the alternative, he requests to be restored to the “High 36” retirement system. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149, Application for Correction of Military Record • Request for Exception to Policy (ETP) for CP (BRS), Army Review Boards Agency (ARBA) • Request for CP (BRS) • Request for Exception to Policy, Deputy Chief of Staff, G-1 • Email correspondence • Leave and Earning Statements, June 2022 – August 2022 FACTS: 1. The applicant states, in effect: a. He initially opted into the BRS approximately 9-10 years ago, applicants were advised that they would not become eligible for receipt of the CP incentive until they reached 12 years of Active Federal Service (AFS). At the time, there was no requirement to apply for CP prior to reaching 12 years of AFS. Apparently, this guidance changed in early 2022 and BRS participants are now required to request CP between 8 years, but not later than 12 years. b. He was not aware of this policy change and suffered an injustice when his CP application was disapproved for what was deemed an untimely submission. He requested CP shortly after he reached 12 years of AFS because he was tracking that he could not request CP prior to reaching 12 years of AFS. He believes this is an injustice because he would have absolutely submitted his CP application prior to his 12 years AFS anniversary if he was aware of the recent policy change. c. He also contends that he is the victim of a material error because Army Regulation (AR) 637-1, Army Compensation and Entitlements Policy, paragraph 18- 26c(2)(c) states, “Commanders or designated representatives will identify and ensure Soldiers eligible for CP submit their requests within the established timelines.” This requirement did not occur. If his command or S1 informed him of the BRS CP policy change, he would have certainly complied. He would not have knowingly foregone his entitlement to the CP incentive. His S-1 certified his application on 25 July 2022 and his commander approved his application 13 September 2022. 2. The applicant executed his oath of office as a first lieutenant (1LT) in the Regular Army on 4 July 2010. At the time of his application, he was serving as an active duty as a major. 3. The applicant provides documents showing all his attempts to be enrolled in the BRS. These documents include his request for an ETP to receive BRS CP, email correspondence with a G-1 representative, and his military LES (June 2022 through August 2022) which list BRS as his retirement plan 4. During the processing of this case the Office of the Deputy Chief of Staff, G-1, reviewed the applicant's records and rendered an advisory opinion. The Program Analyst, Compensation and Entitlements Division supported the applicant’s request for payment of CP based on the date the applicant would have been otherwise qualified for in accordance with the Assistant Secretary of the Army (Manpower & Reserve Affairs) memorandum (BRS CP – Calendar Year 2022 (CY22)), 27 January 2022. a. The applicant’s request for payment of CP should be made based on the date he would have been otherwise qualified for in accordance with reference 1.c. Specifically, as the pay grade of O-4 with 12 years of service for pay on 4 July 2022. b. Additionally, the contract number (block 6) should reflect number CP2207001. If the board grants administrative relief, the pay would be based on the pay grade of O-4 with 12 years for pay purposes from the 2022 scale ($8,284.50 x 2.5 = $20,711.25 gross entitlement). 5. The applicant was provided a copy of the advisory opinion for comment. He did not respond by the suspense date. 6. 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 7. If an individual is an active-duty service member with fewer than 12 years of service as of 31 December 2017, or a member of the National Guard or Reserve in a paid status who has accrued fewer than 4,320 retirement points as of 31 December 2017, they are grandfathered under the legacy retirement system, but may choose to opt into the BRS. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The BRS guidance stipulates that the Secretary concerned shall pay CP 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 and 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. The Board reviewed and was persuaded by the advisory officials’ finding in support of the applicant’s request for payment of CP based on the date the applicant would have been otherwise qualified for in accordance with the ASA (M&RA) memorandum (BRS CP – Calendar Year 2022 (CY22)), 27 January 2022. Specifically, at the pay grade of O-4 with 12 years of service for pay on 4 July 2022. 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 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 timely submitted completed continuation pay (CP) request prior to the completion of 12 years of service as computed from the PEBD, at the grade of O-4 with 12 years of service for pay on 4 July 2022, with the contract number (block 6) reflecting number CP2207001. 8/29/2023 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. REFERENCE: 1. Title 37, U.S. Code, section 356 (Continuation Pay (CP) for Full Thrift Savings Plan (TSP) members with 8 to 12 years of service) states: a. The Secretary concerned shall make payment of CP to each 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 (AGR) duty (as defined in Title 10, U.S. Code, section 101(d)(6)), shall not be less than 2.5 times the member’s monthly basic pay. The multiple for a full TSP member who is a member of a Reserve Component not performing AGR duty (as so defined) shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a Regular Component. 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 • in the case of a member of a Reserve Component—the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a Regular Component multiplied by 0.5 2. BRS eligibility depends on when you joined or plan to join the Uniformed Services: • If an individual enter the Uniformed Service on or before 31 December 2017, they are grandfathered into the legacy high-3 retirement system • If an individual is an active-duty service member with fewer than 12 years of service as of 31 December 2017, or a member of the National Guard or Reserve in a paid status who has accrued fewer than 4,320 retirement points as of 31 December 2017, they are grandfathered under the legacy retirement system, but may choose to opt into the BRS • If an individual entered the Uniformed Services on or after 1 January 2018, they are automatically enrolled in BRS, and this is their military retirement plan //NOTHING FOLLOWS//