IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20220011289 APPLICANT REQUESTS: exception to policy, to apply for Blended Retirement Service Continuation Pay (BRS CP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Non-Duty Related (NDR) case file checklist * DA Form 705 (Army Physical Fitness Test (APFT) Scorecard), 26 October 2019 * Iowa Army National Guard (IAARNG) memorandum, Subject: Notification of Intent to Separate for Failure to Meet Medical Retention Standards for NDR medical disqualifying condition(s), 22 November 2021 * Applicant's acknowledgment of medical disqualifications, 12 December 2021 * DA Form 3349-SG (Physical Profile Record) * Applicant's request for Physical Evaluation Board (PEB) and legal counseling, 12 December 2021 * DA Form 7652 (Disability Evaluation System (DES) Commander's Performance and Functional Statement), 4 January 2022 * National Guard Bureau (NGB) Form 23A (Army National Guard (ARNG) Current Annual Statement), 5 January 2022 * IAARNG, 34th Army Band, Commander's Memorandum for Record (MFR), 7 July 2022 * Applicant's medical documents FACTS: 1. The applicant states, in effect, she would like to apply for BRS CP, but she missed her 12-year time in service mark because she was in the medical board process. She has been cleared from the medical board and she is in good standing with her unit. She would like her records corrected to state that she has now completed the medical board, still serving and in good standing with her unit, to apply for BRS CP. 2. A review of the applicant's military records show the following: a. On 21 December 2009, the applicant enlisted in the IAARNG for 1 year. She has served continuously in the ARNG (active and inactive) and the U.S. Army Reserve Control Group (Annual Training) through multiple enlistments, reenlistments, and extensions. b. On 26 April 2010, Orders Number 0116004 published by the Military Entrance Processing Station, Johnston, Iowa, ordered the applicant to initial active duty for training on 26 April 2010. c. On 6 August 2010, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably released from active duty training and transferred to her IAARNG unit. d. An Enlisted Record Brief dated 15 August 2014, shows her Pay Entry Basic Date (PEBD) as 21 December 2009. e. NGB Form 23A dated 5 January 2023 shows the applicant's points completed 11 years of creditable service for retired pay. Her initial beginning date in the Inactive National Guard is shown as 21 December 2009. f. The applicant completed 12 years of service on 21 December 2021 g. The applicant's service record is void of a Request for BRS CP. 3. The applicant provides, in pertinent part: a. NDR case file checklist (no date) showing the documents and data required to be forwarded to the PEB. b. DA Form 705 dated 26 October 2019, which shows the applicant's AFPT height, weight, scores, and points. c. IAARNG Memorandum, Subject: Notification of Intent to Separate for Failure to Meet Medical Retention Standards for NDR medical disqualifying condition(s), dated 22 November 2021, notifying her that, the State Surgeon had reviewed her medical records, in accordance with Chapter 3, Army Regulation 40-501 (Standards of Medical Fitness) she had been identified as failing to meet the medical retention standards for continuation of military service. A copy of the permanent Physical Profile, DA Form 3349, dated 5 November 2021, referring her for administrative review and processing for a medically disqualifying condition(s) was for her information. d. Applicant's acknowledgment of medical disqualifications dated 12 December 2021, indicating she understood that failure to respond by the suspense date would result in her records being forwarded for appropriate administrative action based only on the documentation currently available to the U.S. Army Human Resources Command. e. DA Form 3349 dated 5 November 2021 showing in pertinent part, the applicant's reason for profile, combined PULHES, total days on temporary profile in the last 12 and 24 months, and medical instructions to unit commander. f. Applicant's request for PEB and legal counseling dated 12 December 2021, wherein she acknowledged receipt of the Notification of Medical Disqualification for further retention in the ARNG and/or entry on active duty per AR 40-501, Chapter 3. She requested her file be reviewed by an NDR-PEB for fitness ruling only. Electing this option would start the process for the NDR-PEB to determine retention or non-retention of military duties. g. DA Form 7652 dated 4 January 2022, which shows her commander stated, the applicant was able to perform the primary duties of a Soldier in the U.S. Army and all parts of her duty primary military occupational specialty. "It is my recommendation that [the applicant] be retained based on her ability to perform all duties with no limitations." h. IAARNG, 34th Army Band, Commander's MFR dated 7 July 2022, which shows her commander stated, in order to receive BRS CP, the applicant must have 4 years remaining on her contract. The applicant was unable to extend her current contract with the IAARNG to meet that 4-year requirement due to being under the medical board process. This process extended past her 12-year time in service mark, which made her unable to apply for BRS CP. The applicant has since been fully cleared from the medical board. i. Applicant's medical documents showing her pertinent examinations, diagnosis, treatment, and prognosis. 4. On 22 March 2023, the NGB, Chief, Special Actions Branch, provided an advisory opinion for this case and recommended approval. The advisory official stated: a. The IAARNG is unable to offer relief for the applicant. In accordance with Memorandum, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, 18 December 2019, Subject: Blended Retirement System Continuation Pay – Calendar Year 2020 (CY20), a Soldier must apply for and be approved for CP prior to reaching their 12th year of service. CP is part of the military's BRS. It is a one-time direct cash payout to service members who have 10 years but not more than 12 years of service as computed from Pay Entry Base Date (PEBD). b. The objective of CP is to offer mid-career service members a financial incentive to remain in their service in exchange for committing to at least four more years. Time of service is calculated from the service member's PEBD. The current law does not allow for the acceptance of a CP contract beyond their 12th year of service. The applicant was eligible for CP until December 2021. During her CP window, she was unable to extend her current contract with the IAARNG to meet the 4 years of service requirement. The applicant was going through the medical board process. This process extended her beyond her 12-year CP eligibility window, which made her ineligible to apply for BRS CP. The IAARNG cannot offer relief to the applicant. The Army Board for the Correction of Military Records should review this case because this unfortunate situation is due to no fault of the applicant. c. The IAARNG is also in favor of approving the applicant's request for BRS CP. According to the applicant's commanding officer, she was unable to extend her current contract with the IAARNG to meet that 4-year requirement due to being under the medical board process. The process extended past her 12-year time in service mark, which made her unable to apply for BRS CP. The applicant is now fully cleared from the medical board and still serving in the IAARNG. This opinion was coordinated with Army National Guard Retirement Services and the IAARNG. 5. On 24 March 2023, the applicant was provided a copy of the NGB advisory opinion for comments or rebuttal. 6. On 13 July 2023, after receiving an email from the analyst of record, the applicant responded and provided a current CP BRS Form with the applicable certifying and approving official signature showing a multiplier of 4 with additional obligated service of 4 years. 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 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 the National Guard Bureau, Special Actions Branch advisory opinion, the Board concurred with the advising official finding the applicant was eligible for CP until December 2021. During her CP window, she was unable to extend her current contract with the IAARNG to meet the 4 years of service requirement. The applicant was going through the medical board process. This process extended her beyond her 12-year CP eligibility window, which made her ineligible to apply for BRS CP. The Board agreed, due to no fault of the applicant, her medical board extended her time. Based on the recommendation of the advising official the Board granted relief. 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 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: 1. Showing the applicant was in receipt of a completed continuation pay (CP) request prior to the completion of 12 years of service as computed from the PEBD 2. DFAS paying his entitlement to CP utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Memorandum, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, dated 18 December 2019, Subject: Blended Retirement System Continuation Pay – Calendar Year 2020 (CY20), a Soldier must apply for and be approved for CP prior to reaching their 12th year of service. CP is part of the military's BRS. It is a one-time direct cash payout to service members who have 10 years but not more than 12 years of service as computed from PEBD. 2. Title 37, United States Code, Section 356 (CP: Full TSP Members with 8 to 12 years of service) states: a. The Secretary concerned shall make a payment of CP 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. The amount of CP payable to a full TSP member shall be the amount that is equal to: (1) 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 as the Secretary concerned shall specify in the agreement; and (2) 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; plus at the discretion of the Secretary concerned, the amount of monthly basic pay multiplied by such number of months as the Secretary concerned shall specify in the agreement. c. In addition to the CP, the Secretary concerned may provide CP to a full TSP member in an amount determined by the Secretary concerned. d. The Secretary concerned shall pay CP to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides CP to the member, that CP shall be provided when the member completes 12 years of service. e. A full TSP member may elect to receive CP in a lump sum or in a series of not more than four payments. f. CP is in addition to any other pay or allowance to which the full TSP member is entitled. g. A full TSP member who receives CP and fails to complete the obligated service required shall be subject to the repayment provisions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011289 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1