IN THE CASE OF: 

		BOARD DATE:  30 August 2023

		DOCKET NUMBER:  AR20230000706


APPLICANT REQUESTS: receipt of Continuation Pay (CP) under the Blended 
Retirement System (BRS).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149, Application for Correction of Military Record
*	Applicant’s Statement
*	DA Form 4836, Oath of Extension of Enlistment or Reenlistment
*	Request for CP (BRS)
*	Defense Finance and Accounting Service (DFAS) Military Leave and Earnings 
Statement (LES), July 2021
*	BRS CP Checklist
*	Guard Incentive Management System (GIMS) Printout
*	Email correspondence


FACTS:

1.  The applicant states, in effect:

	a.  His request for CP under the BRS was denied because the approval authority’s 
signature was not obtained before he completed his 12th year of service, as computed 
from his Pay Entry Base Date (PEBD) of 4 August 2009.

	b.  He contends that he signed and submitted his request on 19 July 2021; however, 
it was not immediately processed because of a nationwide outage of the GIMS and lack 
of guidance from the National Guard Bureau regarding manual submission of CP 
requests. The State Incentive Manager did not submit his request to the approval 
authority until 25 October 2021 and later resubmitted the request on 5 November 2021. 
The Incentive Manager mistakenly believed that the approval authority did not need to 
sign before he completed 12 years of service.

2.  At the time of his request, the applicant was a noncommissioned officer serving in 
the Army National Guard. His records show he enlisted in the ARNG on 5 May 2016 for 
a period of six years. His Enlisted Record Brief shows his PEBD as 4 August 2009.

3.  An ARNG Annual Statement filed in his official record shows the applicant had 
accumulated 2,317 total retirement points as of 5 May 2021.

4.  The record further contains, and the applicant provides:

	a.  His request for CP (BRS), which shows the applicant digitally signed the request 
on 19 July 2021. The certifying official digitally signed the form on 25 October 2021, and 
the approval authority digitally signed the form on 5 November 2021.

	b.  A DA Form 4836, completed on 22 July 2021, which shows the applicant 
extended his initial six-year term of service in the ARNG for a period of four years.

5.  The applicant provides:

	a.  An LES for the pay period July 2021. This form shows the Retirement Plan 
section is blank. This form also shows in the “YTD TSP AGCY-MATCH” section his 
agency had contributed a matching amount of $959.65.

	b.  A BRS CP Checklist which indicates his request included proof of enrollment into 
BRS (LES showing agency matching or MyPay screenshot) and the applicant elected to 
have a single lump sum payment. The BRS CP page further shows the contract start 
date was the date signed by the Soldier, 19 July 2021. It also contains the following 
statement, “I certify that I have reviewed this record and the Soldier is eligible for 
Continuation Pay. Soldier opted into BRS and meets TIS requirements as of signature 
date for CP having less than 12 years of service based on PEBD, 4-year remaining 
service obligation met, no bar to reenlistment, or pending separation action. Contract is 
uploaded in GIMS/iPERMS.”

	c.  GIMS printscreens wherein the applicant highlighted areas which show he was in 
an active status, effective 11 October 2021.

	d.  Email correspondence, dated between 25 October 2021 to 31 March 2022. 
These emails show the Idaho ARNG Incentive Manager requested the approval 
authority sign the request for BRS CP on 5 November 2021. The Incentive Manager 
informed the approval authority that the request was not able to be completed in July 
due to “GIMS being down,” but now there was a manual process in place.

6.  On 9 May 2023, the Office of the Deputy Chief of Staff, G-1, reviewed the applicant's 
records and rendered an advisory opinion. The Program Analyst, Compensation and 
Entitlements Division stated that after careful review, their office did not support the 
applicant’s request. The applicant did not provide verification of a signed agreement 
prior to his 12th year of service based on his pay entry base date. 

7.  The applicant was provided a copy of the advisory opinion for comment. He replied 
on 24 May 2023 and reiterated, in effect, that he signed his BRS Packet 
on 19 July 2021 and the delay in obtaining the approval authority’s signature was due to 
technical and administrative issues beyond his control.

8.  The Secretary concerned shall pay CP 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. 

9.  Determining whether a member is grandfathered under legacy High-3 or 
automatically enrolled in BRS is based on DIEMS. If DIEMS is on or before 
31 December 2017, he or she is grandfathered. If DIEMS is on or after 1 January 2018, 
he or she is automatically enrolled in BRS.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, 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 Office of the Deputy Chief of Staff-G-1, 
Compensation and Entitlements Division advisory opinion, the Board considered the 
advising official recommendation, however the Board determined the applicant along 
with his BRS packet submission provided a signed agreement prior to his 12th year of 
service based on (PEBD). The Board agreed, there is sufficient evidence to support the 
applicant’s request for Continuation Pay (CP) under the Blended Retirement System 
(BRS).

2.  In addition, the Board noted there was a nationwide outage of the GIMS system 
which impacted the G-1’s ability to submit packets in a timely manner. Based on the 
preponderance of evidence, and no fault of the applicant, 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 to show receipt of 
Continuation Pay (CP) under the Blended Retirement System (BRS).


		  
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.


REFERENCE:

1.  Title 37, U.S. Code, section 356 (Continuation Pay (CP) for Full Thrift Savings Plan 
(TSP) members with 8 to 12 years of service) states:

	a.  The Secretary concerned shall make payment of CP to each 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 Active Guard Reserve (AGR) duty (as defined in Title 10, U.S. Code, 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.  The Uniform Services Blended Retirement System states DIEMS is the Date of Initial 
Entry into Military Service while PEBD is the Pay Entry Base Date. DIEMS marks the 
day a member first enters military service by signing a contract or agreement to serve, 
even if on that day he or she is in an inactive status such as in the Delayed Entry 
Program (DEP), or as a student in one of the Service Academies or Reserve Officer 
Training Corps. PEBD is the day a member first begins earning Basic Pay or Inactive 
Duty Pay (drill pay). For many Service members, these days are essentially the same, 
while for many others DIEMS is earlier than PEBD. Determining whether a member is 
grandfathered under legacy High-3 or automatically enrolled in BRS is based on 
DIEMS. If DIEMS is on or before 31 December 2017, he or she is grandfathered. If 
DIEMS is on or after 1 January 2018, he or she is automatically enrolled in BRS. Of 
those who are grandfathered, determining eligibility to opt into BRS is based on PEBD 
(as is eligibility for Continuation Pay). Fewer than 12 years of service since PEBD 
makes an otherwise grandfathered Active Component member eligible to opt into BRS.

3.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states that 
The Secretary may pay, from applicable current appropriations, a claim for the loss of 
pay, allowances, compensation, emoluments, or other pecuniary benefits, or 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 to the claimant on account of his or another's service in 
the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be.

4.  The Assistant Secretary of the Army (Manpower & Reserve Affairs) published a 
memorandum, Subject: Blended Retirement System Continuation Pay – Calendar Year 
2020 (CY20) on 18 December 2019. This memorandum established eligibility, amounts, 
and additional service obligation for CP in CY20. Although this policy memorandum was 
in effect prior to the applicant reaching his 12th year of service, paragraph 7d, Payment 
Eligibility, states the application for payment must be made in a timely manner and must 
be approved prior to the Soldier completing his or her 12th year of service as computed 
from the PEBD.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20230000706


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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