IN THE CASE OF BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220003385 APPLICANT REQUESTS: correction of his records to show he is eligible to be paid Blended Retirement System (BRS) Continuation Pay (CP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 149 (Application for Correction of Military Record) online application * Email regarding BRS CP * Request for CP BRS Calendar Year (CY) 2018 * Request for CP BRS CY 2020 * CP BRS Teams Response FACTS: 1. The applicant states, in effect: a. He switched from traditional retirement to the BRS in 2018 prior to reaching 12 years time in service. At the time, a policy did not yet exist for CP, which delayed the submission request until after he completed 12 years of service. b. After the policy was published, he requested CP and was denied because he had greater than 12 years time in service at the time of his request. He requests payment of BRS CP as owed. c. He was deployed in support of Operation Atlantic Resolve in 2018 and 2019. While he was overseas, a policy was established for CP in the Tennessee ARNG (TNARNG). Upon return, he requested CP but was repeatedly denied due to having greater than 12 years of service at the time of his request. No exception to policy exists for this issue and no payment of CP has been issued to him as owed under the BRS. 2. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) showing the applicant enlisted in the U.S Army Reserve (USAR) on 4 November 2006, for a period of 6 years. b. DD Form 368 (Request for Conditional Release) dated 18 July 2008, which shows the applicant requested and was approved for release from the USAR to the TNARNG. c. DD Form 4 showing the applicant enlisted in the TNARNG, on 2 August 2008, for a period of 6 years and 12 weeks. d. On 5 May 2011, the applicant was discharged from the ARNG for appointment as commissioned or warrant officer. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he completed 2 years, 9 months, and 4 days of net service this period with 1 year, 1 month, and 29 days of prior reserve component service. e. On 6 May 2011, the applicant completed an NGB Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States) requesting Federal recognition as a Reserve commissioned officer. f. A Memorandum from the U.S. Reserve Officers' Training Corps Instructor Group dated 6 May 2011 appointing the applicant as a Reserve commissioned officer, effective on his acceptance in the rank/grade of second lieutenant (2LT)/O-1. g. An DA Form 71 (Oath of Office - Military Personnel) shows the applicant completed the oath of office as a 2LT on 6 May 2011. h. Special Orders Number 220, published by the NGB, dated 14 September 2011 extended Federal recognition to the applicant for his initial appointment. i. Special Orders Number 137, published by the NGB, dated 30 May 2013, extended Federal recognition to the applicant for his promotion to the rank/grade of first lieutenant (1LT)/O-2. j. Special Orders Number 3, published by the NGB, dated 3 January 2018, extended Federal recognition to the applicant for his promotion to the rank/grade of captain (CPT)/O-3. k. The applicant completed 12 years of service in November 2018. l. On 12 March 2021, the applicant completed a Request for CP BRS for Calendar year 2020, which shows he agreed to accept 6x his base pay for Additional Obligated Service (AOS) of 4 years. He requested his payment in one single, lump-sum payment. The form was certified by the certifying official on 12 March 2021 and endorsed by the approval authority on 25 March 2021. m. NGB Form 23A (ARNG Current Annual Statement), dated 4 November 2022 shows the applicant completed a total of 16 years of creditable service for retired pay. 3. The applicant provides the following documents for the Board's consideration: a. Emails regarding the applicant's request for BRS CP, which include emails wherein the applicant, through his battalion S-1 was requesting BRS CP. The final email from the Education and Incentive Office, dated 13 October 2021, stated the applicant's packet had been returned from the NGB for having a pay entry basic date over 12 years. The entire email chain is available for the Board's consideration. b. Request for CP BRS for CY 2018 dated 29 May 2018, which shows the applicant requested CP BRS and agreed to accept 6x his base pay for additional obligated service from 1 June 2018 to 31 May 2022. The approval authority did not sign the form. c. A request for CP BRS for CY 2020. d. BRS teams response wherein the applicant asked about an exception to policy for the BRS CP and was told he had to submit an application to the Board. The ARNG did not have the authority to approve an exception to policy. 4. On 18 August 2022, the Board received an advisory opinion from the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlement Division, which states, in effect: a. After careful review, the office does not support the applicant's request due to the incorrect base pay multiplier online c of the CP request. In accordance with Memorandum, Department of Defense (DOD), dated 27 January 2017 subject: Implementation of the BRS, the approved multiplier for Guard and Reserve component was 5. b. If the applicant agrees to correct the multiplier, the office would support correction of the military record and payment of his CP request based on the date the applicant would have otherwise been qualified for. Specifically, the date of the request would have to be no later than when the applicant would have exactly 12 years of services for pay purposes. If relief would be granted, the payment would be as the rank of CPT with 12 years for pay purposes from the 2018 pay scale ($6,580.2 x 0.5 = $3,290.10). 5. On 23 August 2022, the advisory was sent to the applicant to give him an option to respond. The applicant replied on 24 August 2022, stating in effect: a. He saw that the Headquarters, Department of the Army (HQDA) is stating a number of 0.5 times the active-duty base pay. This is in contradiction to paragraph 5.b in the NGB BRS CP - CY 2020 memorandum sent to all 54 states and territories, which he attached for the Board's consideration. b. Paragraph 5.6 states, "For ARNG Soldiers serving in the SELRES (minus Active Guard/Reserve) CP is four times the active duty monthly basic pay, based on current grade and years of service at the time CP is approved. c. He recognizes that in his case, the CP should have been approved in his 11th year of service and that Headquarters Department of the Army is acknowledging the pay grade of CPT with 12 years as the rate. This is helpful and he believes accurate. d. If the CP multiplier stated in the NGB BRS CP - CY 2020 has changed since, he has not seen it but at the time of which he should have been awarded CP (in his 11th year of service) there was not NGB policy available to reference. The CY 2020 policy was the first available to the ARNG force. e. The memorandum provided by the applicant is available for the Board's review. 6. On 8 December 2022, the applicant provided an updated/amended CP Request for indicating based on the calendar year 2018 BRS CP policy message he was accepting a multiplier of .5 times his monthly basic pay. He also indicated on the form an additional service obligation of "O" years due to the request being retroactive to 2018 and by the time of his case adjudication he would have met or surpassed the additional service obligation of four years. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial 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 Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlement Division, the Board concurred with the advisory official finding in accordance with Memorandum, Department of Defense (DOD), dated 27 January 2017 subject: Implementation of the BRS, the approved multiplier for Guard and Reserve component was .5. The Board agreed that there was sufficient evidence to show the applicant submitted a request for the 2018 BRS CP; however, the request is subject to the governing laws. For that reason, the Board recommended that partial relief was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant properly submitted a CP Request based on the calendar year 2018 BRS CP. Such relief should result in the applicant receiving payment at the rank of CPT with 12 years for pay purposes from the 2018 pay scale ($6,580.2 x 0.5 = $3,290.10). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 (USC), 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 AGR 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. 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. Army Regulation 637-1 (Army Compensation and Entitlements Policy), provides Department of the Army (DA) policies for entitlements and collections of pay and allowances for active duty Soldiers. Paragraph 18-26 (CP), the BRS provides for CP in exchange for additional service obligation by Soldiers when they reach between the 8 and 12-years point in their career. Soldiers will receive a minimum of 2.5 times base pay for Regular component and .5 times base pay for Reserve components if they commit to a minimum of 3-years of additional service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003385 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1