IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230002018 APPLICANT REQUESTS: Blended Retirement System (BRS) Continuation Pay (CP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence FACTS: 1. The applicant states, in effect, he was not aware of his eligibility for CP before the 12-year time in service (TIS) window closed. Guidance on BRS was sent out from the Florida G1 on 29 November 2022. 2. The applicant provides email correspondence between himself and his battalion, which states his 12-year mark was 24 March 2022 and that he [the applicant] is not eligible since he is past the 12-year TIS window. The email further states guidance on BRS was sent out from the Florida G1 on 29 November 2022. 3. A review of the applicant’s service records show he enlisted in the Army National Guard on 25 March 2010 and is currently still serving with the Florida Army National Guard. 4. An Office of the Deputy Chief of Staff, G1 advisory opinion, dated 10 June 2023, states: “After careful review, our office does not support the applicant’s request. The Servicemember did not provide a CP agreement that was signed prior to his 12th year of service based on his pay entry base date.” 5. In response to the opinion, the applicant provided a copy of the email correspondence that he previously provided with his application. 6. Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 state that to be eligible for CP an individual must have completed not less than 8 but not more than 12 years of service and enter into an agreement to serve not less than 3 additional years of obligated service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board did not find the email exchange provided by the applicant to be sufficient evidence of a communication delay that led to his ineligibility to receive BRS CP, noting that the program had been established years prior to the applicant reaching his 12-year anniversary of service and further noting that information on BRS and BRS CP has been widely available since the implementation of the program. Based on a preponderance of the evidence, the Board determined there is no error or injustice in this case related to ineligibility for BRS CP. 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. REFERENCES: 1. Title 10, United States Code, 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. DODFMR, Volume 7A states pursuant to the NDAA for FY 2016, as amended by the NDAA FY 2017, the DOD established the modernized retirement system, commonly known as the BRS. The BRS is the retired pay system for all Service members who entered military service on or after 1 January 2018. All members serving as of 31 December 2017 were grandfathered under the applicable legacy retirement system. The law permits active duty Service members with less than 12 years of service on 31 December 2017, or Service members in the Reserve Component who were in a paid status and accrued less than 4,320 retirement points as of 31 December 2017, the option of electing to be covered under the BRS or to remain with their applicable legacy retirement system. The law provides a one year election period for those Service members eligible to opt into the BRS from 1 January 2018 and ends on 31 December 2018. The decision to opt into the BRS is irrevocable. 3. ALARACT 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 4. Title 37 United States Code 256 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 state that to be eligible for CP an individual must have completed not less than 8 but not more than 12 years of service and enter into an agreement to serve not less than 3 additional years of obligated service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002018 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1