IN THE CASE OF:

		BOARD DATE: 9 November 2023

		DOCKET NUMBER: AR20230003379


APPLICANT REQUESTS:  

*	correction of his record to show he is eligible to be paid Continuation Pay 
Blended Retirement System (CP 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)
*	Entitlement to Continuation Pay Financial Readiness Training certificate

FACTS:

1.  The applicant states in effect, he commissioned on 22 May 2010 and is in his 12th 
year of service as a major (MAJ)/O-4. He was not adequately informed or reminded that 
his request for CP BRS had to be approved prior to completion of his 12th year of 
service. He was only briefly informed of the CP BRS when he first enrolled into the BRS 
and he only vaguely knew that sometime at year eight or 12, he had to request it. There 
was no emphasis that the request had to be completed prior to the completion of the 
12th year. The lack of reminders of the requirement for the timeline of requesting CP 
BRS is problematic due to the magnitude of the entitlement. This was compounded by 
the fact he had the worst year of his life due to a personal behavioral health crisis that 
was so severe it ultimately led him a month long intensive inpatient rehabilitation which 
he just completed. He always intended to request the CP BRS but, in the moment, it 
was not on his radar and was buried under personal and family emergencies as well as 
work which had him overwhelmed. He is already committed to serve beyond 16-years 
since he changed functional areas in his career and he still owes 3-years for going to 
graduate school through Advanced Civil Schooling. It is a bitter pill to swallow to know 
that just over 8-months ago he was entitled to close to $20,000.00 and just like that he 
is no longer eligible. He is married with four children and is a history instructor at West 
Point. He requests the Board correct his record to show that he is eligible to be paid the 
CP BRS.

2.  A review of the applicant's service records shows:
	a.  The applicant executed his oath of office on 22 May 2010 and was appointed a 
second lieutenant (2LT)/O-1 in the Regular Army.

	b.  The applicant's Officer Record Brief shows that his Basic Active Service Date and 
his Pay Entry Basic Date are 22 May 2010.

	c.  On 1 April 2021, the applicant was promoted to the rank/grade of MAJ/O-4.

   d.  The applicant completed 12 years of service on 22 May 2022.
   
   e.  The applicant remains on active duty.

3.  The applicant provides the Department of the Army Entitlement to Continuation Pay 
Financial Readiness Training Milestone certificate which shows he completed the 
course on 12 January 2023.

4.  On 2 June 2023, in the processing of this case, the Office of the Deputy Chief of 
Staff G-1 provided an advisory opinion regarding the applicant's request to be paid CP 
BRS. The advisory official stated the applicant's request could not be supported due to 
the applicant had not completed/provided the CP BRS contract. The supporting 
documentation properly completed would indicate the authorized multiplier and 
compliance with additional service obligation requirement for Calendar Year (CY) 2022. 
It is also mandatory the applicant have a contract number, commander's signature block 
and signature, and certified official's signature block with signature indicating the CP 
BRS had been verified as being proper and approved for payment.

5.  On 8 June 2023, the Army Review Boards Agency (ARBA), Case Management 
Division provided the applicant the advisory opinion for review and comment.

6.  The applicant responded by providing the CP BRS contract which shows the 
applicant agreed to a 4-year additional obligated service for receipt of a lump sum 
payment in the amount of 2.5 times his monthly basic pay of his current grade and 
years of service. The approving authority and certifying official signed on 14 June 2023 
but did not provide a signature block.

7.  On 15 August 2023, in the processing of this case, the Office of the Deputy Chief of 
Staff G-1 provided an advisory opinion regarding the applicant's response to the initial 
advisory opinion. The advisory official stated the applicant's request could not be 
supported as it was mandatory for the BRS CP application to have a contract number in 
block 6 and the signature block of the certifying official in block number 9 prior to the CP 
BRS payment being proper and approved for payment. 

8.  On 25 August 2023, the ARBA, Case Management Division provided the applicant 
the advisory opinion for review and comment.

9.  The applicant responded by providing the CP BRS contract which shows the 
applicant agreed to a 4-year additional obligated service for receipt of a lump sum 
payment in the amount of 2.5 times his monthly basic pay of his current grade and 
years of service. The applicant signed the CP BRS contract on 30 August 2023. The 
approving authority and certifying official signed on 30 August 2023 but did not provide 
a signature block. Block number 6 (Control Number) shows CP23060XX.

10.  On 6 September 2023, in the processing of this case the Office of the Deputy Chief 
of Staff G-1 provided an email response regarding the applicant's response to the 
second advisory opinion. The advisory official stated the applicant's request could not 
be supported because the CY 2022 had a 12-year limit and based on the applicant's 
pay entry basic date of 22 May 2010 he hit his 12-years of service on 22 May 2022, so 
the CP BRS election form needed to be signed prior to the completion of 12-years of 
service. The applicant attempted to elect CP BRS after his 13th year of service which 
was first signed on 13 June 2023.

11.  On 14 September 2023, in the processing of this case the Office of the Deputy 
Chief of Staff G-1 provided an advisory opinion regarding the applicant's request for CP 
BRS. The advisory official stated the applicant's request could not be supported as he 
did not provide a CP BRS contract which signed prior to his 12th year of service based 
on the pay entry basic date.


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 concurred with the conclusion of the advisory officials that there is no 
basis for granting relief in this case because the applicant failed to submit a CP BRS 
contract prior to completion of his 12th year of service, a requirement established in law. 
The Board determined the applicant’s request should be denied.


?
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.  Public Law 114-92, National Defense Authorization Action (NDAA) for Fiscal Year 
(FY 2016, section 634 (CP for Full Thrift Savings Plan (TSP) Member with 12-Years of 
Service), (a) CP, the Secretary concerned shall make a payment of CP to each full TSP 
member of the uniformed services under the jurisdiction of the Secretary who:? 

*	completes 12 years of service; and?? 
*	enters into an agreement with the Secretary to serve for an additional?? 
*	4-years of obligated service? 

	a.  Amount, the amount of CP payable to a full TSP member under subsection (a) 
shall be the amount that is equal to in the case of a member of a regular component:? 
the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus?? 
at the discretion of the Secretary concerned, the monthly basic pay of the member at 
12-years of service multiplied by such number of months (not to exceed 13-months) as 
the Secretary concerned shall specify in the agreement of the member under 
subsection (a)? 

	b.  Timing of Payment, the Secretary concerned shall pay CP under subsection (a) 
to a full TSP member when the member completes 12 years of service. If the Secretary 
concerned also provides CP under subsection (c) to the member, that CP shall be 
provided when the member completes 12 years of service.? 

2.?  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 Active Guard/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.? 

	c.?  The maximum amount the Secretary concerned may pay a member under this 
section is — in the case of a member of a Regular Component—the monthly basic pay 
of the member at 12 years of service multiplied by 2.5.? 

3.?  Deputy Secretary of Defense Memorandum dated 27 January 2017, Subject: 
Implementation of the BRS, implements guidance for the BRS for the Uniformed 
Services, which was authorized in Public Law 114-92 section 631 through 635 of the 
National Defense Authorization Act (NDAA) for Fiscal Year 2016. Members of the 
Uniformed Service are covered under the provisions of the BRS who served in a 
Uniformed Service for fewer than 12-years as calculated from their PEBD.? 

4.?  Army Regulation (AR) 637-1 (Army Compensation and Entitlements Policy), 
provides Department of the Army (DA) policies for entitlements and collections of pay 
and allowances for active duty Soldiers. Paragraph 18-26 (Continuation Pay), the BRS 
provides for CP in exchange for additional service obligation by Soldiers when they 
reach between the 8 and 12-years point in their career. Soldiers will receive a minimum 
of 2.5 times base pay for Regular component and .5 times base pay for Reserve 
components if they commit to a minimum of 3-years of additional service.? 

5.  AR 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)	AR20230003379


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1