IN THE CASE OF: BOARD DATE: 11 July 2023 DOCKET NUMBER: AR20230001339 APPLICANT REQUESTS: backpay equivalent to the 5 percent match offered under the Blended Retirement System (BRS). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate, Blended Retirement System Opt-in Course, 5 March 2018 * DA Form 4187 (Personnel Action), 21 June 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 she elected to participate in the BRS in March 2018, while serving as a cadet within the Reserve Officers' Training Corps (ROTC). She was appointed as a commissioned officer in May 2018. The information contained within the Defense Finance Accounting Services (DFAS) system fails to reflect this election and therefore she was incorrectly placed into the Legacy Retirement System. Specifically, she is requesting back pay equivalent to the 5 percent which would have been matched had she not been erroneously enrolled into the Legacy Retirement System. She notes that several other officers within her year group have experienced the same issue. She attempted to resolve this issued while serving on active duty but was unsuccessful. 3. A review of the applicant's available service records reflects the following: a. On 1 September 2014, the applicant enlisted in the U.S. Army Reserve as a ROTC cadet. She signed an ROTC cadet contract on the same date. b. On 27 March 2018, Headquarters, U.S. Army Cadet Command issued Orders Number 86-047 ordering the applicant to active-duty, effective 5 July 2018, upon her acceptance of appointment in the U.S. Army Reserve. c. After completing the ROTC program, the applicant executed an oath of office and was appointed as a Regular Army commissioned officer on 20 May 2018. d. She served in a variety of assignments and was promoted to first lieutenant in January 2019 and to captain in July 2022. e. On 7 October 2022, the applicant was honorably released from active duty by reason of having completed her required active service and transferred into the U.S. Army Reserve Control Group (Individual Ready Reserve). Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 4 years, 3 months, and 3 days of active service. f. On 8 October 2022, she was appointed as a Reserve commissioned officer of the Army. 4. The applicant provides the following a: a. Certificate, Blended Retirement System Opt-in Course, dated 5 March 2018, reflective of the applicant's completion of the BRS Opt-in course. b. DA Form 4187 dated 21 June 2022, reflective of the applicant's request for an exception to policy to enroll in the BRS. The applicant notes that she was eligible and elected to enroll while serving as an ROTC cadet in 2018, but her enrollment was not established. 5. On 28 April 2023, the Department of the Army, Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Division, provided an advisory opinion, referencing DOD memorandum dated 27 January 2017, Implementation of the Blended Retirement System. An advisory official recommended that the applicant's request be returned without action. The advisory official stated that enrollment into BRS is based on a member’s date of initial entry to military service (DIMES) date. The applicant’s DIEMS date is 1 September 2014. The advisory official added that an exception to policy cannot be granted once the member separates. When a member misses the opt-in window, he or she is required to request an exception to policy through the G-1 office. The applicant entered active duty on 5 July 2018. The opportunity to elect to participate in the BRS would have been made available to her until 31 December 2018. Enrollment into the BRS is based on the applicant's date of initial entry to military service (DIEMS). 6. On 2 May 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 22 June 2023, the applicant has not responded. 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. Enrollment into BRS is based on a member’s date of initial entry to military service (DIMES) date. The applicant’s DIEMS date is 1 September 2014. When a member misses the opt-in window, he or she is required to request an exception to policy through the G-1 office. The applicant entered active duty on 5 July 2018. The opportunity to elect to participate in the BRS would have been made available to her until 31 December 2018. The Board agreed with the G-1 advisory opinion that an exception to policy cannot be granted once the member separates. The applicant did not request such exception during the allotted window. Therefore, the Board determined there is insufficient evidence to support granting 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. ? 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. 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. 3. All Army Activity Message Number 050/2019 (Implementation Guidance for Exception to Policy (ETP) to Retroactively Enroll Certain Eligible Soldiers in the Blended Retirement System and Hardship Extension of the Enrollment Period) provides that Soldiers who would like to request an ETP to the BRS Calendar Year (CY) 2018 Opt-In enrollment will acknowledge the irrevocability of the Opt-In decision. Soldiers who were notified of their eligibility for BRS and did not have access to the BRS link on MyPay, must notify the Deputy Chief of Staff G-1 of the discrepancy. These extensions do not create the authority to enroll a Soldier who had the opportunity to elect to enroll in the BRS during the CY2018 but who chose not to do so, nor does it allow for retroactive Thrift Savings Plan (TSP) contributions. 4. On 1 January 2018 eligible Soldiers were given access to the BRS link on MyPay to enroll in the BRS. The system process required Soldiers to follow 5 separate screens to include providing their current address and date of birth. Screen two required the Soldier to acknowledge that he/she understands that the decision to opt-in is irrevocable once they complete the election. On screen three and four, Soldiers had to check a box and answer a question respectively that stated "I fully understand that I am opting into the BRS." Screen five allowed the Soldier to save and print the confirmation and again informed the Soldier that they were opting into the BRS. Prior to the beginning of the BRS enrollment, the Defense Finance and Accounting Service (DFAS) moved the Leave and Earning Statement (LES) link 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 relocate the BRS link effective 26 January 2018. 5. Army Regulation 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001339 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1