IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220003377 APPLICANT REQUESTS: retroactive eligibility for blended retirement system (BRS) continuation pay (CP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * ACTS online application in lieu of DD Form 149 (Application for Correction of Military Record), 16 February 2022 * National Guard Bureau (NGB) Form 23C (NGB Retirement Points History Statement Application for Retirement Pay), 31 August 2021 * DA Form 4836 (Oath of Extension), 3 February 2021 * Headquarters (HQ), California Army National Guard (CAARNG) memorandum, 22 September 2021 (Blended Retirement System (BRS) Continuation Pay (CP)) * email, CAARNG 6 November 2021 FACTS: 1. The applicant states, in effect: a. He opted into the BRS and was eligible to apply for CP between 7 August 2020 and 7 February 2021, however he was not properly notified of his eligibility for BRS CP. b. After the CAARNG G-1 Transition Assistance Team (TAT) reviewed their records they advised him to apply with the ABCMR to receive eligibility. 2. The applicant provides copies of: a. A NGB Form 23C application for retirement pay. b. A DA Form 4836, 3 February 2021, showing he extended his enlistment by 6 days. c. A HQ, CAARNG memorandum, showing he was notified that an audit by HQ, CAARNG indicated he had not been notified he was eligible to receive BRS CP and instructing him to submit an application with the ABCMR. d. An email form HQ, CAARNG, 6 November 2021, notifying him that his HQ could not apply for BRS CP on his behalf and providing him the resources with which he could apply for BRS CP. 3. A review of the applicant's service record shows: a. He is currently on active duty in the CAARNG. b. On 7 February 2009, he enlisted in the Virginia Army National Guard (VAARNG) for a period of 8 years beginning at grade/pay grade specialist/E-4. This enlistment established his pay entry base date as 7 February 2009. c. On 13 May 2009, he was ordered to initial active duty training (IADT); he completed IADT, he was released from AD, and he was returned to control of the VAARNG. d. On 1 September 2010, VAARNG Orders 250-018 promoted him the sergeant (SGT)/E-5. e. On 3 April 2013, VAARNG Orders 093-135 promoted him the staff sergeant/E-6. f. On 16 June 2013, VAARNG Orders 165-111 reduced him to SGT/E-5. g. On 11 January 2014, he was transferred from VAARNG to the CAARNG and assigned to Company C, 223rd military Intelligence Battalion, in the duty position of human intelligence collector. h. His NGB Form 23A, 7 February 2022, shows he completed 10 good years creditable service for retirement pay as of 6 February 2020 and he completed 12 good years creditable service for retirement pay as of 6 February 2022. The form also established his retirement year ending (RYE) date as 6 February. i. Orders issued by NGB, 7 November 2022, shows he was ordered to active duty in a Reserve Component, U.S. Army Element Cyber Command, for operational support until 30 April 2023. 4. On 28 July 2022, the Office of the Deputy Chief of Staff (ODCS), G-1 provided ARBA an advisory opinion in response to the applicant's request for relief, recommending correction of the applicant's military record and payment of CP based on the date that the applicant would have otherwise been qualified for CP. Specifically, it recommended relief at the pay grade of E-5, with 10 years for pay purposes, from the 2021 pay scale; $3585.30 multiplied by four to yield $14,341.20. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a response/rebuttal. He did not respond. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board agreed it was by no fault of the applicant he had not been notified he was eligible to receive Blended Retirement System (BRS) Continuation Pay (CP). The Board concurred with the advisory official finding correction of the applicant's military record was warranted and payment of BRS CP based on the date that the applicant would have otherwise been qualified for CP. The Board determined there is sufficient evidence to grant relief and enroll the applicant in BRS CP. Such relief should result in the applicant receiving payment of 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 records of the individual concerned be corrected by enrolling the applicant the Blended Retirement System (BRS) Continuation Pay program. Such relief should result in payment of BRS CP at the pay grade of E-5, with 10 years for pay purposes, from the 2021 pay scale; $3585.30 multiplied by four to yield $14,341.20. 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. Assistant Secretary of the Army, Manpower and Reserve Affairs, Memorandum for Distribution (Blended Retirement System Continuation Pay – Calendar Year 2021 (CY21)), 19 January 2021 states that the application window for enrollment is no later than 30 days prior to completion of 12 years of service based upon the Soldiers Pay Entry Basic Date (PEBD). Enrollment must be completed in a timely manner and must be approved prior to the Soldier completing 12 years of service based on his PEBD. 2. Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 states that 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. A full TSP member may elect to receive continuation pay provided under subsection (a) in a lump sum or in a series of not more than four payments. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003377 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1