IN THE CASE OF: BOARD DATE: 17 January 2024 DOCKET NUMBER: AR20230004138 APPLICANT REQUESTS: approval of his application for Blended Retirement System BRS Continuation Pay (BRS CP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . DA Form 1506 (Statement of Service), 12 December 2022 . Statement for Commissioning . DA Form 71 (Oath of Office Military Personnel), 17 December 2018 . DA Form 71, 7 July 2019 . DA Form 5016 (Chronological Statement of Retirement Points), 29 March 2021 . Leave and Earnings Statement (LES), February 2023 . Memorandum, Subject: BRS CP Calendar Year (CY) 2023 . Officer Record Brief (ORB) . LES, November 2022 . Request for CP BRS, 21 March 2023 . DA Form 4187 (Personnel Action), 3 March 2023 . Memorandum, Subject: BRS CP CY 2022 FACTS: 1. The applicant states, the correction should be made due to the lack of information he received when he enrolled into the BRS in 2019. He commissioned into the Army with 8 years of prior service and was not informed of the CP program. He also had a large break in service, nearly nine years, which made calculating his time in service difficult. He was only informed of the program shortly after reaching 12 years time in service, past the maximum time for enrollment. He believes the combination of the BRS program being newly implemented, his prior service, and large break in service caused him to miss the opportunity to enroll in the program. He would like to enroll in the BRS CP as soon as possible and receive the benefits he has earned. 2. A review of the applicant's official record shows the following: a. On 21 November 2001, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years. b. On 9 March 2010, Orders Number 10-068-00062 issued by Headquarters, 416th Theater Engineer Command, honorably discharged the applicant from the USAR, effective 18 April 2010. c. On 29 June 2018, DA Form 61 (Application for Appointment) shows the applicant applied to be commissioned in the Regular Army Medical Service Corps. d. On 17 December 2018, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. e. On 22 March 2019, Orders Number A-03-900310 issued by the U.S. Army Human Resources Command, the applicant was ordered to active duty to fulfill an active duty requirement in a voluntary indefinite status, effective 7 July 2019, to attend the Direct Commissioning Course and subsequent report date to Fort Bragg, NC, on 11 November 2019. f. The applicant's officer record brief shows his Pay Entry Basic Date (PEBD) as 7 February 2011 and he was promoted to the rank/grade of captain (CPT)/O-3 on 7 July 2019. 3. The applicant provides: a. DA Form 1506 showing the applicant's enlisted USAR service and active duty service b. Statement for commissioning showing the requirements for commissioning in the Active Army. c. DA Form 71, dated 7 July 2019, showing the applicant was commissioned as a Regular Army Medical Service Corps officer. d. DA Form 5016 showing the applicant's creditable service time. The applicant had enlisted service in the USAR from 21 November 2001 to 18 April 2010. e. LES, dated 28 February 2023, showing the applicant was enrolled in the BRS and was receiving matching contributions under the Thrift Savings Plan (TSP). f. Memorandum, Subject: BRS CP CY 2023 showing the eligibility amounts and additional service obligation for receipt of the BRS CP. g. LES, dated 30 November 2022, showing the applicant was enrolled in the BRS and was receiving matching contributions under the TSP. h. Request for CP BRS showing the applicant request CP BRS at 2.5x his monthly basic pay in return for an additional obligated service of 4 years to be paid in equal payments over 2 years. The form shows his PEBD as 9 February 2011. The form is endorsed by the certifying official and the approval authority on 21 March 2023 and 29 March 2023. i. DA Form 4187 showing the applicant requested an exception to policy for BRS CP due to the reasons he explained in his opening statement to the Board. j. Memorandum, Subject: BRS CP CY 2022 showing the eligibility amounts and additional service obligation for receipt of the BRS CP. 4. On 29 September 2023, the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Division, provided an advisory opinion which stated: a. After careful review of the information provided, we recommend this case be approved in the interest of fairness and equity. The applicant would have otherwise submitted the application of CP prior to his 12th year of service had the PEBD been correctly adjusted upon accession onto active duty. The applicant did submit a completed request for CP signed effective 21 March 2023; however, the end point prior to 12 years of service for pay was 9 February 2023. b. The applicant's request for payment of CP should be made based on the date he would have been otherwise qualified for in accordance with reference 1.c., specifically, in the pay grade of O-3E with 12 years of service for pay on 9 February 2023. Additionally, the control number (block 6) needs to be changed to reflect CP2302001. c. If the board grants administrative relief, the payment would be based on the pay grade of O-3E with 12 years for pay purpose from the 2023 pay scale ($7,701.60 x 2.5 (Multiplier)= $19,254.00, Less $4,235.88 (Federal Tax), Less $1,155.24 (North Carolina State Tax of 6 percent = $13,862.88 (net entitlement). 5. On 6 October 2023, the applicant was provided with a copy of the advisory opinion for comment or rebuttal. He 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. Upon review of the applicant’s petition, available military records and the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Division advisory opinion, the Board concurred with the advising official recommendation for approval in the interest of fairness and equity. The opine noted had the applicant’s pay entry basic date been correctly adjusted upon accession onto active duty the applicant would have submitted his application for continuation pay (CP) prior to his 12th year timeline. 2. The Board agreed there is sufficient evidence at no fault of the applicant to support approval of his application for Blended Retirement System BRS Continuation Pay (BRS CP). Evidence in the record show the applicant’s CP should be made based on the date he would have been otherwise qualified in the pay grade of O-3E with 12 years of service for pay on 9 February 2023. The Board noted the opine recommendation for correction to amend the control number (block 6) to read CP2302001. Based on the opine and the applicant’s record, the Board granted relief. The relief payment would be based on the pay grade of O-3E with 12 years for pay purpose from the 2023 pay scale ($7,701.60 x 2.5-(Multiplier) = $19,254.00. Less $4,235.88 (Federal Tax), Less $1,155.24 (North Carolina State Tax of 6 percent = $13,862.88 (net entitlement). 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 pay grade of O­3E with 12 years of service for pay on 9 February 2023 2. DFAS paying his entitlement to CP utilizing the Military Pay Account and not the ABCMR funds payable through Debts and Claims. The relief payment would be based on the pay grade of O-3E with 12 years for pay purpose from the 2023 pay scale ($7,701.60 x 2.5-(Multiplier) = $19,254.00. Less $4,235.88 (Federal Tax), Less $1,155.24 (North Carolina State Tax of 6 percent = $13,862.88 (net entitlement). Furthermore amend the control number (block 6) to read CP2302001. 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. REFERENCE: 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 an active duty member, 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. //NOTHING FOLLOWS//