IN THE CASE OF: BOARD DATE: 29 September 2023 DOCKET NUMBER: AR20230001702 APPLICANT REQUESTS: an Exception to Policy (ETP) to convert her retirement plan from the Blended Retirement System (BRS) back to the Legacy/High 3 Retirement System. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214 (Certificate of Release or Discharge from Active Duty) service ending 25 March 2003 • Headquarters (HQs), 99th Reginal Readiness Command (RRC) Orders Number 06-198-00008 • DD Form 214 service ending 8 April 2022 • U.S. Army Human Resources Command (HRC) Orders Number R-04-202028 • Screenshot of Thrift Savings Plan (TSP) Uniformed Services Account Activity • Leave and Earnings Statements (LES): • LES 15 February 2022 • LES 1 March 2022 • LES 15 March 2022 • LES 18 March 2022 • LES 1 April 2022 • LES 8 April 2022 • LES 13 April 2022 • LES 27 April 2022 • LES 1 June 2022 • LES 1 July 2022 • LES 20 July 2022 • LES 22 July 2022 • LES 26 August 2022 • LES 30 September 2022 • BRS: Facts/Referral Sources for Defense Finance and Accounting Service (DFAS) Customer Care Center Representatives FACTS: 1. The applicant states in effect, she is a prior service enlisted Soldier in a Troop Program Unit (TPU), who served during the period of 4 April 1996 through 17 July 2006. She had a break in service until she enlisted again into the U.S. Army Reserve (USAR) on 22 December 2021. a. When she reaffiliated with the USAR her retirement plan was the legacy high-3. Due to her large break in service, she had to complete Basic Combat Training (BCT) again during the period of 24 January through 8 April 2022. Her training record was erroneously coded as a no show for BCT which generated a debt collection for basic pay and basic allowance for housing. At this time, her retirement plan was erroneously, without her knowledge changed to the BRS. b. On 15 June 2022, she was ordered to active duty in an Active Guard/Reserve (AGR) status. At which time, her active duty retirement plan was the legacy high-3, but her records now show that she has two retirement plans simultaneously a TPU BRS plan and AGR legacy high-3. She wishes to only have one retirement plan and she requests to consolidate her plans into the legacy high-3 retirement plan. She requests an ETP to convert her retirement plan from the Uniformed Services BRS back to the Legacy/High 3 Retirement System (Legacy). 2. A review of the applicant's service record shows: a. The applicant enlisted in the USAR on 4 April 1996. b. On 18 August 1998, Orders Number M-98230-00005, issued by the 329th Adjutant General Company, the applicant was ordered to active duty, effective 20 August 1998. c. The applicant's DD Form 214 shows she was ordered to active duty for training on 26 June 1998 and she was honorably released from active duty on 19 August 1998. d. The applicant was honorably released from active duty on 29 April 1999. e. The applicant reenlisted in the USAR on 1 April 2002. f. DD Form 214 shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 30 August 2002. The applicant was honorably released from active duty on 25 March 2003. g. The applicant extended her enlistment in the USAR on 27 May 2004. h. On 17 July 2006, Orders Number 06-198-00008, issued by HQs, 88th RRC, the applicant was honorably discharged from the USAR, effective 17 July 2006. i. On 22 December 2021, the applicant enlisted in the USAR. j. On 4 January 2022, Orders Number 2024002, issued by the Military Entrance Processing Station, the applicant was ordered to initial active duty for training, effective 24 January 2022. The orders shown her pay entry basic date as 4 April 1997. k. The applicant was honorably released from active duty on 8 April 2022. l. On 20 April 2022, Orders Number R-04-202028, issued by the U.S. Army Human Resources Command, the applicant was ordered to active duty in an AGR status, effective 15 June 2022. 3. The applicant provides: a. A screenshot of a TSP Uniformed Services account activity which shows the applicant had TSP contributions. b. LES showing: • 15 February 2022 – retirement plan is blank, total contributions and agency contributions zero • 1 March 2022 - retirement plan is blank, total contributions and agency contributions zero • 15 March 2022 - retirement plan is blank, total contributions and agency contributions zero • 18 March 2022 - retirement plan is blank, total contributions and agency contributions zero • 1 April 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $00.00 • 8 April 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $16,829.06, TSP automatic contribution started 1 percent on 8 April 2022, BRS opt-in elections was accepted • 13 April 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $16,829.06, TSP/Roth contribution started 4 percent on 13 April 2022, TSP matching contribution started 4 percent 13 April 2022 • 27 April 2022 - retirement plan is blank, total contributions and agency contributions $33.52, Roth $33.52, TSP agency automatic 3.36 percent for $13.40 TSP agency match, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $16,829.06 • 1 June 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $16,829.06 • 1 July 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $16,854.06 • 20 July 2022 - retirement plan is blank, total contributions and agency contributions $1,139.55, Roth $1,139.55, TSP agency automatic $113.95, $455.82 TSP agency match, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $10,485.83 • 22 July 2022 - retirement plan is blank, total contributions and agency contributions $1,139.55, Roth $1,139.55, TSP agency automatic $113.95, $455.82 TSP agency match • 26 August 2022 - retirement plan is blank, total contributions and agency contributions $1,273.61, Roth $1,273.61, TSP agency automatic $127.36, $509.45 TSP agency match, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $9,700.46, Active Duty for Training 1 through 8 April 2022 • 30 September 2022 - retirement plan is blank, total contributions and agency contributions zero, pay and allowance debt (DQ03) debt balance $5,601.20 with total unpaid debt balance $9,700.46 b. BRS; Fact/Referral Sources for DFAS Customer Care Center Representative states military members eligible for BRS; all members entering service on or after 1 January 2018 will be automatically enrolled in BRS. For those that have a Date Initially Entered Military Service (DIEMS) date prior to 1 January 2018 that do not begin their service until after that date, will be eligible to opt-in to BRS. 4. On 28 April 2023, in the processing of this case, the Office of the Deputy Chief of Staff G1 provided an advisory opinion regarding the applicant's request for her retirement plans to be consolidated and placed in the legacy high-3 plan. The advisory official stated the applicant was erroneously enrolled into the BRS when a member of the reserves and should be granted an administrative relief to be disenrolled from the BRS and placed into the legacy high-3 retirement plan. 5. On 2 May 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. On 2 May 2023, the applicant responded via e-mail stating that she agreed with the advisory opinion. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, and the applicant's record of service. The Board reviewed and agreed with the G-1 advisory official’s finding that the applicant was erroneously enrolled into BRS while a member of the U.S. Army Reserve. Therefore, the Board supports the applicant’s request for administrative relief to be disenrolled from BRS and her records corrected/changed to reflect that she is removed from BRS and placed into Choice Retirement Plan. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 disenrolling the applicant from the Blended Retirement System and placing her in a choice retirement plan. 9/26/2023 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. All Army Activity Message Number 028/2018 states, 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. Several Soldiers from all components have notified their respective component and the Army G-1 of their unintentional enrollment in the BRS. 2. High-3: Military who started serving after 7 September 1980 (via active duty or reserve), will receive retirement pay equaling the average of the highest 36 months of basic pay. If their time in the service accounted for less than three years, base pay would be the average monthly active duty pay during the service member’s length of service. The Percentage Multiplier is accounted for by the service member’s years of service. Typically, the percentage will be 2.5 percent per year of service. For example, a service member who has served 20 years would be given a 50 percent multiplier since 20 multiplied by 2.5 percent equals 50 percent. When accounting for time of service, DIEMS (Date of Initial Entry to Military Service) is an important factor. There are a few circumstances to note when considering DIEMS. First, DIEMS for those who joined, separated, and then rejoined the military will be based on the first date of initial military service. Secondly, the DIEMS for members who enlisted under the delayed entry program will be the date in which they entered into the program as opposed to the date of when they reported for duty. Finally, if a person changes their status such as from reserve to active duty, DIEMS will be the initial joining date of service for the reserves. //NOTHING FOLLOWS//