IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20230001531 APPLICANT REQUESTS: payment of Continuation Pay Blended Retirement System (CP BRS). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR), Subject: Request for CP BRS FACTS: 1. The applicant states, in effect, he is requesting to be eligible for CP BRS for the year of 2022. He is outside of the payment window due to the fact the Delaware Army National Guard (DEARNG) G-1 was notified of the CP on 25 October 2022, which was after the start of his 12th year of service based on his Pay Entry Basic Date (PEBD) of 5 October 2010. Due to this late notice, he was unable to be afforded the benefit, which he believes is unjust. 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) dated 5 October 2010 shows the applicant enlisted in the ARNG for a period of 8 years. b. DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment) show the applicant extended his enlistment on: * 7 November 2015, for a period of 6 years * 15 February 2019, for a period of 3 years, 7 months, and 27 days * 21 November 2022, for a period of 1 year c. National Guard Bureau (NGB) Form 23A (ARNG Current Annual Statement), dated 5 October 2022, shows at the time the applicant completed 12 years of credible service for retired pay. d. The applicant's service record was void of, and the applicant did not provide, a signed request for CP BRS. 3. The applicant provides an MFR from the Deputy Chief of Staff, Personnel G-1, DEARNG, Subject: BRS CP, dated 22 November 2022, which states in effect: a. On 25 October 2022, the Human Resource Systems Branch Chief received a file via Department of Defense Safe containing guidance and a list of eligible servicemembers for the CP BRS 2022. b. On 4 November 2022, they sought additional information from the point of contact for the CP BRS regarding this incentive. By law they cannot pay any Soldier past the 12-year mark. Soldiers must sign their CP request on or before the start of their 12th year of service based on their PEBD. If the Soldiers did not sign the application before the start of their 12th year of service, based on their PEBD, they must apply to the Board and explain why there was an injustice. c. Soldiers within the DEARNG formations directly impacted will use the above details and the MFR as substantiating documentation. The G-1 fully supports any related Army Board for Correction of Military Records Soldier request. 4. On 28 April 2023, the Office of the Deputy Chief of Staff G-1, Program Analyst, Compensation of Entitlements Division, provided an advisory opinion for the Board's consideration, which states, in effect, after careful review, G-1 did not support the applicant's request. The servicemember did not provide verification of a signed agreement prior to his 12th year of service based on his PEBD. 5. On 4 May 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. He did not respond. 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 the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Division advisory opinion, the Board concurred with the advisory official findings the applicant did not sign hid application before the start of his 12th year of service based on his PEBD nor was he on the list of eligible servicemembers for the CP BRS 2022. Based on the evidence provided, the Board denied relief. 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. 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: Title 37, United States Code, Section 356 (CP: Full TSP Members with 8 to 12 years of service) states: a. The Secretary concerned shall make a payment of CP to each full TSP member of the uniformed services under the jurisdiction of the Secretary who: * completes 12 years of service; and * enters into an agreement with the Secretary to serve for an additional 4 years of obligated service b. The amount of CP payable to a full TSP member shall be the amount that is equal to: (1) 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; plus at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months as the Secretary concerned shall specify in the agreement; and (2) 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; plus at the discretion of the Secretary concerned, the amount of monthly basic pay multiplied by such number of months as the Secretary concerned shall specify in the agreement. c. In addition to the CP, the Secretary concerned may provide CP to a full TSP member in an amount determined by the Secretary concerned. d. The Secretary concerned shall pay CP to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides CP to the member, that CP shall be provided when the member completes 12 years of service. e. A full TSP member may elect to receive CP in a lump sum or in a series of not more than four payments. f. CP is in addition to any other pay or allowance to which the full TSP member is entitled. g. A full TSP member who receives CP and fails to complete the obligated service required shall be subject to the repayment provisions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001531 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1