IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230004101 APPLICANT REQUESTS: payment of Blended Retirement System Continuation Pay (BRS CP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) FACTS: 1. The applicant states, in effect: a. She was denied BRS CP. b. She is formally requesting an exception to policy as it pertains to her recently returned claim for CP entitlement. The circumstances surrounding her perceived ineligibility are factors that occurred outside of her control and therefore she requests a thorough review of her records as it pertains to this subject. c. It was brought to her attention, via email, that she was eligible for CP entitlements on 29 November 2022. Before this email, she was never made aware of the stipulations for this entitlement, verbally, formally in writing, or in counseling. d. On 2 December 2022, she returned the fully completed form. On 26 January 2023, she received notification, via email, stating she was not eligible for the entitlement since she signed her request after her 12-year service anniversary. e. After thorough review of her records, she discovered she was less than 90 days past her 12-year anniversary. Prior to this, she had extended for 6 years to give her enough remaining time in service to receive CP and put her into her window to receive the entitlements. f. Further complicating the issue is the fact that she was instructed to reenlist again for an additional year in order to meet the CP entitlement minimum service obligation requirements because of how much time had elapsed, which she did again and is currently waiting for the reenlistment to be entered into her Interactive Personnel Electronics Records Management System record. g. Another factor to consider is that the initial period of her entry into the eligibility window began during the COVID pandemic. This period of time not only bogged down communication chains and carried well over into a year and a half if not more of her eligibility time. During this time, many civilian contractors were out of the office leaving only a select few entities to process incentives, while attempting to telework. The pandemic combined with the short staff left her without a point of contact to communicate with regarding her pay in a timely manner. h. She is formerly requesting an exception to policy to pay out the balance of the incentive as the circumstances surrounding her current situation were out of her control. She attended all mandatory briefings hosted by her unit pertaining to the BRS, as well as completed the online training requirement, none of which made mention of the stipulations of the pay. 2. The applicant's service record contains the following documents: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 3 September 2010, shows the applicant enlisted in the Army National Guard (ARNG) for a period of 8 years. b. DA Form 4187 (Personnel Action), dated 13 November 2014, changed her last name to her married last name, effective 16 September 2014. c. DA Forms 4836 show the applicant extended her enlistment in the ARNG on: * 14 December 2015, for a period of 2 years * 20 May 2018, for a period of 6 months * 31 January 2019, for a period of 6 years * 7 December 2022, for a period of 1 year d. National Guard Bureau Form 23A (ARNG Current Annual Statement), dated 3 September 2023 shows the applicant has 13 creditable years for retired pay. e. The applicant completed 12 years of service on 3 September 2022. f. The applicant's service record was void of, and the applicant did not provide, a request for BRS CP. 3. On 3 October 2023, the Program Analyst, Compensation and Entitlements Division, Office of the Deputy Chief of Staff of G-1, provided an advisory opinion, which states: a. After careful review of the information provided, G-1 does not support the applicant's request due to a non-receipt of a signed and certified Calendar Year (CY) 2022 application. b. Supporting documentation, properly completed, would indicate the authorized multiplier and compliance with the Additional Service Obligation (ADSO) requirement for CY 2022. The ADSO would be required to be 4 years after the date of the applicant's request. Additionally, it is mandatory that the application have the commander's certifying official's signature indicating the CP application has been verified as proper and approved for payment. 5. On 6 October 2023, the advisory opinion was provided to the applicant to allow her the opportunity to respond. She did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to deny based on the advisory opinion recommendation. However, upon review of the applicant’s petition, available military records and the office of the Deputy Chief of Staff G-1 – Compensation and Entitlements Division advisory opinion, the Board notwithstanding the advising official recommendation that due to a non-receipt of a signed and certified Calendar Year (CY) 2022, her application approval should not be granted. The Board majority determined the applicant was not provided the correct information regarding her BRS and was given the run around during the process. 2. Further, the Board found the applicant attended all mandatory briefings hosted by her unit pertaining to the BRS, as well as completed the online training requirement. The Board noted there is sufficient evidence the applicant attempted to exhaust all avenues based on guidance received from her unit. Based on this, the Board granted relief for an exception to policy for payment of Blended Retirement System Continuation Pay (BRS CP). ? 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 that the evidence presented was 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: 1. Showing the applicant was in receipt of a completed continuation pay (CP) request prior to the completion of 12 years of service as computed from the PEBD 2. DFAS paying her entitlement to CP utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims. 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 37, United States Code (USC), section 356 (Continuation Pay: Full Thrift Savings Plan members with 8 to 12 years of service) and Public Law 114-328 states: a. 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. It further states: b. 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 regular component or a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of Title 10), shall not be less than 2.5 times the member's monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. 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; 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); and in the case of a member of a reserve component, the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component multiplied by 0.5; plus at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a). 2. Army Regulation 637-1 (Army Compensation and Entitlements Policy), states Commanders or designated representatives will: a. Verify Soldiers requesting CP elected BRS. b. Assist Soldiers in completing the CP contract and acquiring the appropriate approval prior to a Soldier's 8th to 12th year of service as computed from the pay entry basic date (based on year's criteria). Current law does not allow for the acceptance of a CP contract beyond the 12th year of service. c. Identify and ensure Soldiers eligible for CP submit their requests within the established timelines. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004101 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1