IN THE CASE OF: BOARD DATE: 6 September 2022 DOCKET NUMBER: AR20220000957 APPLICANT REQUESTS: * Correction of his record to show he was eligible for and paid continuation pay (CP) for the Blended Retirement System (BRS) * personal appearance before the Board via telephone or video APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Request for CP BRS * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * Leave and Earnings Statement (LES) * 5 x Emails * 2 x DA Forms 2823 (Sworn Statement) FACTS: 1. The applicant states, in pertinent part: a. He extended his contract on 1 August 2019 to be eligible for the BRS CP. He then submitted paperwork on time to receive the BRS CP bonus but was denied because the Colonel (COL) did not sign it until nearly a year later. b. The issue is the policy itself. As an Army National Guard (ARNG) Soldier, he does not get the opportunity to see the COL of his brigade. He had to trust the higher echelons to complete the packet in a timely manner. c. He was told he had to apply to the Board for correction as he could not do an exception to policy because of how the bonus is paid out. d. This has been an ongoing issue where Soldiers are being denied their continuation pay bonus due to no fault of their own. He submitted the documents on time and has served honorably throughout his career. 2. The applicant's service records show: a. On 30 October 2007, he enlisted in the ARNG for a period of 8 years. b. He completed oaths of extension on: * 1 August 2013, for 1 year * 20 July 2014, for 3 years * 16 Jun 2017, for 2 years * 1 August 2019, for 3 years * 10 December 2020, for 3 years c. On 30 October 2021, an NGB Form 23A (Army National Guard Current Annual Statement) was completed showing the applicant was a member of the ARNG from 30 October 2007 to present. He had completed 14 years creditable service for retired pay. 3. The applicant provides the following documents for the Board's consideration: a. On 3 October 2019, the applicant completed a Request for CP BRS, which shows he agreed to accept CP 2.5 times his base pay for an additional obligated period of service from 1 August 2019 to 29 April 2024. He requested his CP to be paid in one lump sum. He and the certifying official signed the form on 3 October 2019. The approval authority signed the form on 25 July 2020. b. With the request for CP BRS, he included his oath of extension, dated 1 August 2019 and his LES for the month of September 2019, which shows he was participating in the Thrift Savings Plan (TSP). c. On 3 October 2019, the applicant sent an e-mail to his retention noncommissioned officer (NCO) stating he had been in contact with a sergeant first class (SFC) regarding the process of obtaining his BRS CP. d. On 21 October 2019, the retention NCO requested a copy of the applicants LES. The applicant provided the LES on the same day. On 20 October 2019, the applicant emailed a SFC letting him know he placed the applicant's BRS Bonus onto the shared drive and requested the COL to quickly sign the documents. e. Email traffic from the Brigade Retention NCO, dated 18 February 2020, asking about the applicant's BRS Bonus packet. Further emails show a SFC requested the packet stating it was pushed to sharepoint in October. f. Email traffic from a Staff Sergeant (SSG), which states, in pertinent part: (1) On 28 April 2021, unfortunately, the applicant would have to file an application to the Board to get his BRS CP bonus paid. The issue was the COL's signature was after the 11–12-year window. BRS CPs are not authorized an exception to policy since National Guard Bureau doesn't control them. It was not their policy so they could not grant an exception to policy. (2) On 29 April 2021, a question was asked about the COL's signature and the reply was the issue with these are that the BRS CP guidance is calendar year and not fiscal year specific. For the previous year, it specifically stated in the policy that it was based off the COL's signature date. If that date was outside of the window, then the only option for the applicant was to apply to the Board. In 2021, the policy was different. It does not state the COL's signature is the key date, but it does state that the CP application must be approved prior to completion of the Soldier's 12th year of service. The National Guard Bureau was still denying them based on that. g. DA Form 2823 authored by the Brigade Retention NCO, dated 9 November 2021, which states, in pertinent part: (1) The applicant emailed him his BRS CP on 3 October 2019. The packet included an extension, which the applicant had completed on 1 August 2019 to be eligible for the BRS CP. (2) The NCO dropped the packet on the sharepoint as was the process. On 20 October 2019, he emailed a SFC asking for the COL's signature as required for it to be completed and that it needed to be done quickly. (3) On 21 October 2019, the SFC stated he needed an LES for proof of electing the BRS. The applicant emailed the LES the same day to the NCO and SFC. (4) The NCO did not see movement in sharepoint so he emailed the SFC on 18 February 2020 for a follow up. The SFC emailed the person he had replaced on 23 February 2020, and the NCO did not see any follow up. (5) On 25 February [2019], the NCO emailed the SFC asking if was able to see the packet in sharepoint and did not receive a response. On 19 June 2020, the NCO emailed the SFC again asking for the BRS CP Request with the COL's signature. He did not receive anything until 25 July 2020, when he was asked for the packet again, which he resubmitted the same day. The packet was digitally signed by the COL on 25 July 2020. (6) The issue is that the COL's signature needed to be prior to the applicant's 12th year anniversary, which did not happen. As a Retention NCO, he had seen issues like this throughout his State. Policies such as this where the COL's signature is required on the form prior to the completion of the 12th year can be very difficult to accomplish for the Soldier. h. A self-authored sworn statement, dated 8 November 2021, which states, in pertinent part: (1) A couple of years prior to the statement, he turned in documents for his CP bonus after enrolling into the BRS. At the time, he still had under 12 years of service, which qualified him for the bonus. (2) He was emailing everything to the Retention NCO. He emailed the initial CP worksheet on 3 October 2019 that was ready for the COL's signature. The next thing he needed to do was email him an LES, which he did not on 21 October 2019. (3) During this time, he was constantly contacting the Retention NCO via text and phone calls to check on the progress and he would not be eligible after his enlistment anniversary date of 30 October 2019. He was told by the retention NCO via phone that the CP worksheet was signed and that he was good to go. (4) He continued to follow up on this over the course of the next 12 months. In November 2020, he met the SFC and was verbally told in front of the Retention NCO that his BRS bonus was approved, and it would be accepted and paid soon. (5) It was not until months later, he and the Retention NCO looked in the system and noticed the COL's signature on the CP worksheet was dated much later than 30 October 2019 and it was denied. BOARD DISCUSSION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. a. Service member enrolled in the BRS may be eligible to receive a one-time, mid- career bonus payment in exchange for an agreement to perform additional obligated service. This one-time bonus payment is in addition to any other career field-specific incentives or retention bonuses. CP is a direct cash payout, like a bonus, available to service members enrolled in BRS. It is targeted at the mid-career mark, payable between completion of 8 years of service, but before completion of 12 years of service. The timing and amount is determined by the service. b. The Board noted that on 3 October 2019, the applicant completed a Request for CP BRS, which shows he agreed to accept CP 2.5 times his base pay for an additional obligated period of service from 1 August 2019 to 29 April 2024. He requested his CP to be paid in one lump sum. He and the certifying official signed the form on 3 October 2019. The approval authority signed the form on 25 July 2020, nearly 10 months later. The untimely signature led to an error and an injustice. It is clear that his intent was to file for CP but he was unable to gain eligibility due to the untimely signature. Because the applicant intended to opt into the BRS for the purpose of receiving CP and because of untimely signature by the approval authority, the Board determined that an injustice occurred and the applicant should not be penalized for administrative errors committed by others. The Board voted to correct his record to show he submitted a timely request for CP prior to completion of 12 years of service as computed from the PEBD. 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 to show he is entitled to Continuation Pay (CP) under the Blended Retirement System (BRS) and that his paperwork was properly submitted within his 11th year and in a timely manner. 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 37 United States Code 356 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 states, to be eligible for CP an individual must have completed not less than 8 but not more than 12 years of service and enter into an agreement to serve not less than 3 additional years of obligated service. It further states, 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 regular component or a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), 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 active Guard or Reserve 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; 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); and 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 described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a). 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000957 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1