IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20230001244 APPLICANT REQUESTS: * change of election to participate in the legacy retirement (High-3) rather than the Blended Retirement System (BRS) * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Automated Record Brief * Leave and Earnings Statement (LES), 31 October 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part that he never elected to participate in the BRS. He contests that he rarely checks his LES unless something changes in his bank account and denies an election being made by his spouse through the MyPay system. He notes that upon inquiring with the Defense Finance Accounting Service (DFAS) he was advised that an election to opt-in to the BRS was made on 6 January 2018. He acknowledges that making a change to return to the legacy retirement system may result in a recoupment action from his pay. 2. A review of the applicant's available pay records reflects the following a. On 23 February 2008, the applicant enlisted in the U.S. Army Reserve (USAR). b. On 12 March 2012, the U.S. Army Human Resources Command issued Orders Number R-03-282775 ordering the applicant to active duty in an Active Guard/Reserve status, effective 2 April 2012. c. The applicant remains in the USAR. 3. The applicant provides the following a: 1. Automated Record Brief reflective of his pertinent personnel information to include assignment and service data. The applicant has a 29 April 2008, pay entry basic date. 2. LES, ending on 31 October 2022, reflective of the applicant's pay and entitlements for the month of October 2022 as well as his participation in the BRS. 4. On 19 April 2023, the Department of the Army, Office of the Deputy Chief of Staff, G- 1, Program Analyst, Compensation and Entitlements Pay, provided an advisory opinion supporting the applicant's request to be removed from the BRS and returned to the legacy retirement system despite his enrollment on 6 January 2018. All Thrift Savings Plan funds received during this time frame will be recouped. Prior to the beginning of the BRS enrollment, DFAS moved the LES link on MyPay and replaced it with the BRS Opt-In link. Soldiers immediately began to contact their service representatives of their "erroneous" enrollment while trying to acquire a LES and surprisingly received notification that they had opted into the BRS. After several complaints, DFAS coordinated to move the LES link back to its customary first position on MyPay and relocated the BRS link effective 26 January 2018. 5. On 27 April 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 5 July 2023, the applicant has not responded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, 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 the Department of the Army, Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Pay advisory opinion, the Board concurred with the advising official recommendation for removal from the BRS with return to the legacy retirement system despite his enrollment on 6 January 2018. The Board agreed, based on the evidence and G-1 advisory there was sufficient evidence to grant relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 by showing the applicant was removed from the Blended Retirement System (BRS) and returned to the legacy retirement system despite his enrollment on 6 January 2018. 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 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. On 31 January 2020 the Department of the Army, Office of the Deputy Chief of Staff provided the following guidance regarding Soldiers Opt-in decision to participate in the BRS. Prior to the beginning of the BRS enrollment, the DFAS moved the Leave and Earnings Statement (LES) on MyPay and replaced it with the BRS opt-in link. Service members immediately began to contact their respective Services of their "erroneous" enrollment while trying to acquire a LES and surprisingly received notification that they had opted into the BRS. After several complaints, the Department in coordination with DFAS, moved the LES link back its customary first position on MyPay and relocated the BRS link, effective 26 January 2018. Given the relatively small numbers involved and the potential long-term impact on the Soldier, Army G-1 considers it is in the Army's best interest that giving these Soldiers the benefit of the doubt who notified the Army of their enrollment between 1 and 26 January 2018, is the right thing to do. 3. Deputy Secretary of Defense Memorandum, Implementation of the Blended Retirement System dated 27 January 2017 states that the BRS goes into effect 1 January 2018. Service members who enter the military on or after 1 January 2018, will automatically be enrolled in BRS. Service members who enter service on or before 31 December 2017 are grandfathered into the legacy high-3 retirement system. However, service members in the active component as of 31 December 2017, who have served fewer than 12 years, or service members in the Reserve component who have accrued less than 4,320 retirement points as of 31 December 2017 and are in a paid status, will have the option of electing BRS or to remain in the legacy retirement system. Those currently serving members who are eligible to opt into BRS will have an entire year to make their opt-in decision. The opt-in or election period for BRS begins 1 January 2018, and concludes on 31 December 2018. The decision to opt-in is irrevocable. 4. All Army Activity Message Number 028/2018 (Blended Retirement System Opt-in Clarification and Implementation Guidance) provides that effective 1 January 2018, eligible Soldiers who completed the mandatory training were eligible to enroll in the BRS. The Department of Defense policy is that this informed decision by a Soldier eligible to enroll in the BRS is irrevocable. Soldiers from all components have notified their respective components and the Army G-1 of their unintentional enrollment in the BRS. In effort to eliminate confusion between links within the MyPay database, as of February 2018, the Defense Finance and Accounting Service separated the "BRS Opt in" link from close proximity of the "LES" link. Soldiers who notified their component that they inadvertently opted into the BRS may petition the Army Board for Correction of Military Records (ABCMR) for relief. 5. Army Regulation 15-185 (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, 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) AR20230001244 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1