IN THE CASE OF: 
 
  BOARD DATE: 29 August 2023 
 
  DOCKET NUMBER: AR20230001914 
 
 
APPLICANT REQUESTS: retroactive entitlement to 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, Subject: BRS CP 2022, 22 November 2022 

• Request for Continuation Pay (Blended Retirement System), 4 December 2022 


 
FACTS: 
 
1. The applicant states, in pertinent part, his Pay Entry Base Date (PEBD) of  


6 August 2010 places him over 12 years of service, however, the new policy came out after his 12 years of service, and he would like to be considered for the CP BRS. 
 
2.  A review of the applicant's available service record reflects the following: 
 
a. On 6 August 2010 he enlisted in the Delaware Army National Guard (DEARNG)  


for a period of 8 years. 
 
b. DA Forms 4836 (Oath of Extension or Reenlistment), shows he reenlisted/extended in the DEARNG on: 


 
• 4 March 2016 for a period of 6 years 

• 4 August 2022 for a period of 6 years 


 
c. The applicant completed 12 years of service on 6 August 2022. 


 
d. On 4 December 2022, he submitted his Request for CP BRS with  


approval authority signature completed on 20 December 2022. He was requesting 2.5x his monthly basic pay to be paid in a lump sum in return for four years of additional service obligation.  
 
e. He continues service with the DEARNG. 


3.  The applicant provides the Delaware National Guard, Joint Force Headquarters Memorandum for Record on BRS CP 2022 which states, in effect: 
 
a. On 25 October 2022 the Human Resources Systems Branch Chief received  


a file via Department of Defense Safe containing guidance and a list of eligible service members 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 the PEBD. If the Soldier did not sign the application before the start of the 12th year of service, based on PEBD, they must apply to the Army Board for Corrections of Military Records (ABCMR) and explain why there was an injustice. 
 
c. Soldiers within the formations directly impacted will use the above details and  


this memorandum as substantiating documentation. The G-1 fully supports any related ABCMR Soldier request. 
 
4.  The Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Division provided an advisory opinion recommending disapproval of the applicant's request stating, in effect, after careful review, our office does not support the applicant's request. The Servicemember does not provide verification of a signed agreement prior to his 12th year of service based on his PEBD. 
 
5.  On 25 May 2023, the applicant was provided with a copy of the advisory opinion to provide a response. As of 9 June 2023, 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 applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the G-1 advisory official’s finding that the applicant does not provide verification of a signed agreement prior to his 12th year of service based on his pay entry base date.  
 
  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/29/2023

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. 
 
 
 
 
  
REFERENCE: 
 
Title 37 United States Code, section 356 (CP) states: 
 
 a.  The Secretary concerned shall pay CP under subsection (a) 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. 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 Reserve duty (as defined in Title 10, USC, section 101(d)(6)), shall not be less than 2.5 times the member's monthly basic pay.  
 
 
//NOTHING FOLLOWS//