IN THE CASE OF: BOARD DATE: 9 November 2023 DOCKET NUMBER: AR20230003190 APPLICANT REQUESTS: * Exception to policy (ETP) for retroactive enrollment into the Blended Retirement System (BRS) * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * BRS Opt-In Course training certificate, 5 January 2018 * E-mail from Defense Finance and Accounting Service (DFAS), 26 October 2018 * Email from DFAS, 25 April 2019 * All Army Activities (ALARACT) Message Number 067/2020 * DA form 4187 (Personnel Action) * Memorandum, Subject: Request and ETP to the BRS Opt-in Window, Office of the Deputy Chief of Staff G1 * BRS Opt-In Course training certificate, 10 January 2023 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 effect, he requests an ETP for retroactive enrollment into the BRS retirement program. He enlisted in the Army National Guard (ARNG) and served until June 2018, where he was provided no guidance regarding his enrollment into the BRS. He was released from the ARNG in June 2018 and did not enlist in the Regular Army (RA) until August 2018. During this period, he did not have access to his military pay records via MyPay. When he enlisted in the RA, his career counselor said because he signed a new enlistment contract during the 2018 calendar year, he would automatically be enrolled in BRS. He did not get paid for his first 2-months in the RA and did not have access to his military pay records via MyPay, but he believed he was enrolled in BRS. In 2019, he attempted to contact DFAS to enroll himself in the BRS when he found out he actually was not enrolled in the BRS. He felt the explanation that he received as to why he was not enrolled was generalized and did not apply to his situation. His commander recommended approval of his request for the ETP for BRS enrollment and he completed the required training. He reached out to the G-1 and he was denied due to the enrollment period being 1 January through 31 December 2018 and his request was outside the authorized enrollment period. 3. A review of the applicant's service record shows: a. The applicant enlisted in the ARNG on 5 June 2012. b. DD Form 220 (Active Duty Report) shows the applicant was ordered to Active Duty for Training (ADT) to attend Basic Combat Training on 18 June 2012 and he was released from active duty on 30 August 2012. c. On 30 May 2013, Orders Number 3171013, issued by the Military Entrance Processing Station, the applicant was ordered to ADT to attend Advance Individual Training (AIT), effective 20 June 2013. d. The applicant was honorably released from active duty on 16 August 2013. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 1-month and 27-days of active service. e. On 4 June 2018, the applicant was honorably released from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for expiration of his active status commitment. National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the applicant completed 6-years of service. f. On 14 August 2018, the applicant enlisted in the RA. 4. The applicant provides: a. ERB which shows he is in the RA but void of his basic active service date and pay entry base date. b. Joint Knowledge Online (JKO) training certificate which shows the applicant completed the BRS Opt-In Course on 5 January 2018. c. E-mail from DFAS which shows an Army Blended Retirement Transaction which occurred on 2 October 2018 for Agency Automatic Contributions being started. d. E-mail from DFAS which shows an Army Blended Retirement Transaction which occurred on 25 April 2019 for Agency Matching Started. d. ALARACT Message Number 067/2020, Subject: Extension to Implementation Guidance for ETP to Retroactively Enroll Certain Eligible Soldiers in the BRS and Hardship Extension of the Enrollment Period which provides additional administrative procedures necessary for certain Soldiers to request an ETP to allow for retroactive enrollment in the BRS for specific reasons outlined in the memorandum from the Office of the Deputy Chief of Staff (DCS) G1 dated 22 May 2019. Paragraph 12, states the reasons for submission of ETPs where the DCS G1 or Deputy DCS G1 of a General Officer level headquarters within the Soldier’s chain of command has the approval authority: * deployment for 30-days or more that is inclusive of 31 December 2018, which prevented the Soldier from having access to all resources available to make financial or retirement decisions * court proceedings or court orders that prevented a Soldier from making financial or retirement decisions during the enrollment period * illness or injury that substantially impacted a soldier’s ability to make financial or retirement decisions during the enrollment period * inability to complete the mandatory opt-in training due to circumstances beyond the control of the Soldier * inability to access the MyPay website or follow the designated procedures for making the election during the enrollment period due to circumstances beyond the reasonable control of the Soldier Reasons for submission of ETPs where director, plans and resources, DCS G1 has the approval authority: * failure to notify a Soldier of their eligibility to elect to opt into the BRS at least 60- days prior to the conclusion of the enrollment period * missing or inaccurate date of initial entry into military service that was incorrectly applied upon entry to active duty or into an active status, and it resulted in a Soldier being automatically enrolled in BRS under the policies governing enrollment for new accessions * failure of the Army to correctly identify a BRS eligible Soldier to DFAS * failure of the Army to adequately notify a Soldier of their eligibility and opportunity to enroll in BRS The BRS enrollment period was extended until 31 December 2020 to provide additional time for any Soldier that desired enrollment in BRS but was unable due to restrictions from the response to the Corona Virus outbreak. e. DA Form 4187 dated 15 November 2022, shows the applicant’s immediate commander recommended approval if his request for ETP for enrollment in BRS due to not properly being enrolled in BRS. This occurred due to transition between the ARNG and RA and not having proper access to his military pay record via MyPay. Also, miscommunication due to e-mails which stated contributions started and matching started, this gave the applicant the impression he was enrolled in BRS. This request was approved by the hospital (O-6) commander on 29 November 2022. f. Office of the Deputy Chief of Staff G-1 Memorandum, Subject: Request an ETP to the BRS Opt-in window for Sergeant (SGT) W-M- (the applicant) stated his request was disapproved because the BRS Opt-in window was available via MyPay during the period of 1 January through 31 December 2018 and the Opt-in period expired and he was no longer eligible. g. JKO training certificate which shows the applicant completed the BRS Opt-in course on 10 January 2023. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board found sufficient evidence of mitigating circumstances that negatively impacted the applicant’s ability to opt into BRS during the opt-in window in 2018. Based on those circumstances, the Board determined the applicant’s record should be corrected to show he opted into BRS when he enlisted in the Regular Army on 14 August 2018. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 showing he opted into BRS when he enlisted in the Regular Army on 14 August 2018. 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. Public Law 114-92, dated 25 November 2015, section 631 (Modernized Retirement System for Members of The Uniformed Services) (a) Regular Service, in the case of a member who first becomes a member of the uniformed services on or after 1 January 2018, or a member who makes the election. (B) Election to Participate in Modernized Retirement System, a member of a uniformed service serving on 31 December 2017, who has served in the uniformed services for fewer than 12-years as of 31 December 2017, may elect, in exchange for the reduced multipliers for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan contributions. (C) Election Period, (i) a member of a uniformed service may make the election authorized only during the period that begins on 1 January 2018 and ends on 31 December 2018. (ii) Hardship Extension, the Secretary concerned may extend the election period for a member who experiences a hardship as determined by the Secretary concerned. 3. Title 10, USC, section 1409 (Retired pay multiplier), b (4) (Modernized retirement system), (A) Reduced multiplier for full tsp members, in the case of a member who first becomes a member of the uniformed services on or after 1 January 2018, or a member who makes the election. (B) (Election to participate in modernized retirement system), a member of a uniformed service serving on 31 December 2017, who has served in the uniformed services for fewer than 12-years for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan contributions. (C) (Election period), a member of a uniformed service may make the election authorized only during the period that begins on 1 January and ends on 31 December 2018. (ii) (Hardship extension), the Secretary concerned may extend the election period for a member who experiences a hardship as determined by the Secretary concerned. 4. Deputy Secretary of Defense memorandum dated 27 January 2017, Subject Implementation of the Blended Retirement System, implements guidance for the Blended Retirement System for the Uniformed Services. Attachment 1 (Guidance for Implementation of the Blended Retirement System for the Uniformed Services), Paragraph 9 (Enrollment), a. Enrollment Period, (1) A member of a Uniformed Service who qualifies to enroll in the BRS under any of the provisions outlined in paragraphs 6.b.(2) through 6.b.(6) may make the election to enroll on or after 1 January 2018 through 31 December 2018. b. (Procedures for Enrollment), (1) A member of a Uniformed Service who is eligible to enroll in the BRS must complete the mandatory training on opting into the BRS provided by the ASD(R), in accordance with procedures prescribed by the Secretary concerned, prior to making an election to enroll. (2) For members of the Army, Navy, and Air Force, enrollment in the BRS shall be completed on the "MyPay" website (https://mypay.dfas.mil/) in accordance with procedures separately promulgated by DFAS. (3) The decision to elect to enroll in the BRS is irrevocable. (4) Prior to making the election to enroll in the BRS, members of the Uniformed Services who are eligible and who choose to enroll in the BRS, must affirm on the MyPay website, or through procedures specified by the Secretary concerned that they have completed the mandatory training and that they acknowledge the decision to enroll in the BRS is irrevocable. 5. Uniformed Services Blended Retirement System Policy, Paragraph 9 (Enrollment), a. Enrollment Period. (1) A member of a Uniformed Service who qualifies to enroll in the BRS may make the election to enroll on or after 1 January 2018, through 31 December 2018. (2) A member who, but for a break in service, would otherwise be eligible to elect to enroll in BRS who returns to service with a Uniformed Service on or after 2 December 2018, following a break in service that commenced prior to 1 December 2018 may make an election to enroll in the BRS: For members returning to the AC or affiliating in a paid status with the RC after separating from the AC, within 30- days of reentry; or, for members returning to a paid status in the RC following a break in service in the RC, no later than 31 December 2018, or 30-days from the date of reentry, whichever is later. (3) The terminal date of the election period may be extended, by approval of the Secretary concerned, in certain situations. 6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003190 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1