IN THE CASE OF: 
BOARD DATE: 15 February 2023 
DOCKET NUMBER: AR20220005228 


APPLICANT REQUESTS: in effect – 

a.Retroactive enrollment date of August 2018 into the Blended Retirement System(BRS). 

b.To receive retroactive matching contributions to his TSP account in accordancewith paragraph 4.F. of All Army Activities (ALARACT) Message Number 067/2020 dated 31 July 2020.  

c.His Thrift Savings Plan (TSP) account be retroactively "healed" such thatunearned interest on the retroactive contributions are added to his TSP account.  

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•USAREC Form 601-37.28 (Department of the Army Service Agreement – F.Edward Hebert Armed Force Health Professions Scholarship Program(AFHPSP)), 6 June 2015

•Orders Number C-07-510225, 7 July 2015

•Information document – LES for Soldiers Automatically Enrolled in the BRS after1 January 2018

•Orders Number 418-109-SG19-3, 19 April 2018

•Leave and Earnings Statement (LES), 1-30 June 2018

•BRS Opt-In Course certificate, 31 July 2018

•LES, 1-31 August 2018

•Memorandum – Subject: Delegation of Authority: BRS Enrollment PeriodExtension and Enrollment Date Adjustment, 22 June 2020

•ALARACT Message Number 067/2020, 31 July 2020

•Email communication between applicant and the U.S. Army Human ResourcesCommand (HRC), 4 and 6 May 2021



FACTS: 

1.The applicant states:

a.He believes that he is entitled to retroactive government automatic and matchingcontributions to his TSP account, due to an error by the Army in enrolling him in the BRS.  

b.Over the past three years, he has been working with his local finance office,Defense Finance and Accounting Service (DFAS), and HRC regarding an issue with the BRS. He used the attached ALARACT Message Number 067/2020 from the S1NET to identify potential solutions to his problem, but he has recently been unable to progress his issue.  

c.He was a recipient of the Health Professions Scholarship Program, which heparticipated in while in Veterinary School from 2015 to 2018. During this time, he spent time both in the U.S. Army Reserves (his initial type of appointment in the HPSP) as 
well as on Active Duty for Training (ADT) in the years of 2016, 2017, and 2018. Upon graduating veterinary school in May 2018, he started full-time active duty. Outside of his knowledge, his Date of Initial Entry into Military Service (DIEMS) was erroneously listed as 11 June 2018 on his initial LES statements. He did not know that his DIEMS was incorrect at that time, which led to this injustice. He does not know whom originally 
coded his DIEMS incorrectly upon his entry into full-time active duty.  

d.He started contributing to his ROTH TSP account in August 2018, when he wasunder the impression that he had enrolled successfully in the BRS in June 2018. "BLENDED" appears in the retirement block of his LES statements for every statement from June 2018 going forward, which is why he believed that he was successfully enrolled. Unfortunately, he never received any matching agency contributions during that time frame, due to the erroneous listing of his DIEMS as 11 June 2018 upon his starting active duty.  

e.He never received any notification of this error; the matching simply neveroccurred, even though his LES stated that he was in the BRS. Most recently, he has finally been able to correct his DIEMS to 6 June 2015 with the assistance of HRC, once his Veterinary Corps career manager realized that it was incorrect. He then accepted a newly appearing MyPay link that would allow him to "Opt Into the BRS. Still, he believes that his enrollment date for BRS should be retroactively set to August 2018, when he started contributing to the TSP and "Blended" was listed on his LES statements. He should receive retroactive contributions to his TSP account in accordance with paragraph 4.F. in the attached ALARACT. In addition, he believes that his TSP account should be retroactively "healed" such that unearned interest on these retroactive contributions are added to his TSP account, as well. The terminology "healed" was shared with him by a civilian employee of the National Guard, who stated that "The National Guard had numerous cases where the pay record for Soldiers was miscoded. The fix is at DFAS. They will 'heal' your TSP account and provide matching contributions and interest." 

f.He received guidance from Office of the Chief of Army Reserve (OCAR) that thenext step in obtaining these retroactive contributions is to present his case to the Army Review Boards Agency. He asks the Board to please assist him in obtaining a way forward for this retroactive enrollment and retroactive matching agency 
contributions and TSP account healing. He has attached the referenced ALARACT message which specifically mentions the errors for HPSP students' enrollment in BRS, as well as his LES statements proving that he was contributing to the TSP at a time when his LES statement stated "BLENDED," leading him to believe that he was successfully enrolled.      

2.A review of the applicant's official military records show the following:

a.On 6 June 2015, USAREC Form 601-37.28 shows the applicant certified that hehad been accepted for admission to or was enrolled, as a full-time student, in an accredited institution located in the U.S. in a graduate course of study in medicine, osteopathy, or other health profession, designated by The Surgeon General of the Army, leading to a degree in Veterinary Medicine. In pertinent part, he acknowledged he understood that in return for a 3 academic year scholarship in the AFHPSP, he would serve 3 years on extended active duty and serve 5 years in the Individual Ready Reserve (IRR), unless it was mutually agreed that the portion of service in the IRR would be served on active duty or in the Selected Reserve.   

b.On 7 July 2015, HRC, Fort Knox, KY, issued Orders Number C-07-510225,reassigning the applicant to the U.S. Army Reserve (USAR) Control Group (Officer Active Duty Obligor) for appointment, effective 6 June 2015.       

c.On 29 December 2017, HRC issued Orders Number T-12-710617, ordering theapplicant to ADT for a period of 45 days with a report date of 7 January 2018. On or about 10 February 2018 he was further ordered to proceed to the University of Wisconsin, Madison, Wisconsin, for HPSP.  

d.On 19 April 2018:

(1)HRC issued Orders Number 418-109-SG19-3, appointing the applicant in theRegular Army Veterinary Corps, in the grade of captain (CPT)/O-3, effective on the execution of the oath of office.   

(2)Orders Number A-04-800581 issued by HRC ordered the applicant to activeduty with a temporary duty enroute report date of 11 June 2018, and a further report date to Fort Bragg, NC on 31 July 2018 to fulfill his active-duty requirement in a voluntary indefinite status. 

e.On 11 June 2018, DA Form 71 (Oath of Office Military Personnel) shows theapplicant executed an oath of office and was appointed as a Regular Army Veterinary Corps commissioned officer.      

f.Officer Record Brief dated 19 November 2022, shows the applicant's DIEMS dateas 6 June 2015. 

3.The applicant provides:

a.An information document – LES Errors for Soldiers Automatically Enrolled in theBRS after 1 January 2018 that provides information pertaining to DIEMS dates, automatic enrollment in the BRS, and service matching contributions.   

b.DFAS LESs covering the periods of 1 to 30 June 2018 and 1 to 31 August 2018showing the applicant's DIEMS date as 11 June 2018 and his retirement plan was "blended." It also shows "no" agency matching TSP contributions for June. However, the August LES shows Roth Plan base pay rate of 5 with TSP contributions of $207.20 and no matching agency contributions.    

c.BRS Opt-In Course certificate dated 31 July 2018, showing he successfullycompleted the two-hour course. 

d.Memorandum – Subject: Delegation of Authority: BRS Enrollment PeriodExtension and Enrollment Date Adjustment dated 22 June 2020, stating, in pertinent part, the Secretary of Army has the authority to extend enrollment and retroactively adjust the enrollment date of a Soldier in situations in which the Army incorrectly identified the member's BRS opt-in eligibility and resulted in financial loss to the Soldier based on missing or inaccurate date of initial entry into military service information that was incorrectly applied upon entry to active duty or into an active status.  

e.ALARACT Message Number 067/2020 dated 31 July 2020, stating, in pertinentpart, it allows certain Soldiers to request an exception to policy to allow for retroactive enrollment in the BRS and. Eligible are HPSP students that performed ADT during calendar year 2018. Coordinate with DFAS to ensure the proper retroactive government automatic and matching TSP contributions are credited to the member's TSP account.  

f.Email communication(s) between the applicant and HRC dated
4 and 6 May 2021, pertaining to his DIEMS date correction and correcting his enrollment 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 not 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 Office of the Deputy Chief of Staff G-1- Compensation and Entitlements Division advisory opinion, the Board concurred with the advising official finding the applicant has not exhausted all his administrative remedies for retroactive contributions in accordance with the ALARACT message 067/2020. The Board noted, based on the opine and evidence in the applicant’s record, he has an approved exception to policy for blended retirement system (BRS) enrollment with a retroactive date of 31 July 2018. The opine recommendation to the applicant is to submit his exception to policy for BRS enrollment  
To Defense Finance and Accounting Service (DFAS), Central Pay Directorate for manual computation and subsequent addition to the applicant’s TSP account.  The Board agreed, based on the opine relief is not warranted.  


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X DENY APPLICATION 



BOARD DETERMINATION/RECOMMENDATION: 

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 insufficient as a basis for correction of the records of the individual concerned. 



Microsoft Office Signature Line...
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.Title 5, United States Code (USC), section 8432 (Contributions) states an employeeor Member may contribute to the Thrift Savings Fund in any pay period, pursuant to anelection under subsection (b), an amount not to exceed the maximum percentage ofsuch employee’s or Member’s basic pay for such pay period allowable under paragraph(2). Contributions under this subsection pursuant to such an election shall, with respectto each pay period for which such election remains in effect, be made in accordancewith a program of regular contributions provided in regulations prescribed by theExecutive Director. In the case of each employee or Member who is an employee orMember on 1 January 1987 and continues as an employee or Member without a breakin service through 1 April 1987, the employing agency shall contribute to the ThriftSavings Fund for the benefit of such employee or Member the amount equal to 1percent of the total basic pay paid to such employee or Member for that period ofservice.

2.Title 5, USC, section 8440e (Members of the uniformed services) states any membereligible to participate in the Thrift Savings Plan by virtue of section 211(b) of Title 37may contribute to the Thrift Savings Fund. Notwithstanding subparagraph (A), anyindividual who is a member as of the effective date that applies with respect to suchindividual under section 663 of the National Defense Authorization Act for Fiscal Year2000 may make the first such election during the 60-day period beginning on sucheffective date. Notwithstanding any other provision of law, the Secretary concerned shall make contributions to the Thrift Savings Fund, in accordance with section 8432 (except to the extent the requirements under such section are modified by this subsection), for the benefit of a member— (A)who first enters a uniformed service on or after 1 January 2018; or (B)who—first entered a uniformed service before  
1 January 2018; has completed fewer than 12 years of service in the uniformed services as of 31 December 2017. 

3.ALARACT Message Number 067/2020 dated 31 July 2020; Subject: Extension toImplementation Guidance for Exception to Policy to Retroactively Enroll Certain EligibleSoldiers in the Blended Retirement System and Hardship Extension of the EnrollmentPeriod, provides, in pertinent part:

a.Coordinate with DFAS to ensure the proper retroactive government automaticand matching TSP contributions are credited to the member's TSP account. 

b.Coordinate retroactive matching TSP with DFAS ensuring contributions will onlybe made in accordance with the individual contribution previously made that should otherwise have been matched had the member been correctly enrolled in the BRS.  

c.Coordinate with DFAS to ensure that the correct date of enrollment isestablished, and necessary records are maintained and filed in the official military personnel file "service compensation folder" of the army military human resources record. 

d.Coordinate with DFAS and determine BRS eligibility for all HPSP students whoperformed active duty and received basic pay during calendar year 2018. 

4.Title 10, USC, section 1552 states the Secretary concerned may pay, fromapplicable current appropriations, a claim for the loss of pay, allowances, compensation,emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if,as a result of correcting a record under this section, the amount is found to be due theclaimant on account of his or another's service in the Army.

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