IN THE CASE OF: 

		BOARD DATE: 17 January 2024

		DOCKET NUMBER: AR20230004792


APPLICANT REQUESTS: in effect, an exception to allow him to opt-into the Blended 
Retirement System (BRS), retroactive to 9 January 2022, based on the previous 
erroneous enrollment transaction.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Leave and Earnings Statements, March through August 2022
*	Leave and Earnings Statement, 26 November 2021
*	Email Exchange
*	Memorandum, Subject: Request an Exception to Policy (ETP) to the Blended 
Retirement System (BRS) Opt-in Window - 

FACTS:

1.  The applicant states he is requesting back pay in the form of 5% agency matching 
thrift savings plan (TSP) contributions from January 9, 2022, to August 24, 202 . He 
enrolled in the blended retirement system (BRS) on 11 May 2018 when he 
commissioned in the U.S. Army Reserve and the agency began match in his 5% TSP 
contributions. However, his 5% agency match ceased when he transferred to active 
duty status on January 9, 2022 due to a reserve component paperwork error (lack of 
training certificate). He made numerous good faith efforts to fix the error with DFAS, 
only to find out that his Reserve Component should not have enrolled him in the BRS 
without the training certificate. Had he known this error would have impacted by agency 
match, he would have rectified it immediately. He had a good faith belief that he was a 
member of the BRS at the time he transitioned onto active duty. Knowing this, he 
intentionally deferred 5% of his base pay be put into his TSP account, expecting the 
Government to match his contributions. He believes he is entitled to the Government 
matching the amount he deferred into his TSP from January 2022 -September 2022, 
which is $1,777.54, shown from his active leave and earnings statements provided.

2.  Review of the applicant’s service records shows:

	a.  He enlisted in the U.S. Army Reserve (USAR) and signed a Senior Reserve 
Officers Training Corps (ROTC) contract on 24 October 2014 

	b.  He was separated from the USAR Control Group (ROTC) on 10 May 2018 and 
was appointed as a Reserve commissioned officer of the Army on 11 May 2018. 

	c.  He entered active duty for training from 14 May to 6 September 2019 and 
completed the Signal Corps Basic Officer Leader Course. He was promoted to first 
lieutenant (1LT) on 25 November 2019. 

	d.  On 4 October 2021, he submitted an application for appointment as a Regular 
Army commissioned officer, Judge Advocate General (JAG) Corps. 

	e.  On 23 November 2021, the U.S. Army Human Resources Command (HRC) 
published Order 1123-327-JA-1-27, appointing him in the Regular Army JAG Corps 
under title 10, U.S. Code, sections 531/532/533/3064, in the grade of 1LT. The effective 
date of this Regular Army appointment is on the execution of the oath of office. Any 
existing or Reserve appointment as a commissioned or warrant officer is vacated upon 
the acceptance of this appointment.

	f.  On 9 January 2022, the applicant executed an oath of office as a Regular Army 
JAG Corps commissioned officer, in grade of 1LT. He would be assigned to Fort 
Carson, CO. 

	g.  On 31 March 2022, HRC published orders determining his active duty date of 
rank to 1LT as 8 July 2020. He would be promoted to captain on 13 July 2022. 

3.  The applicant provided an exchange of emails between himself and a Customer 
Service & Processing Clerk at the Financial Management Support Unit, Fort Carson, 
following up on his BRS challenges. The Clerk informed him on 23 August 2022:

DFAS did finally answer your case. According to their records, you are not 
enrolled in the blended retirement system. Below are the steps to get enrolled, 
once enrolled successfully we'll be able to create a new case to get you back 
pay. To request enrollment in the BRS an ETP (exception to policy) must be 
emailed to HRC, Army G-1 for approval. Once approved, please send back the 
approval letter so we may reopen the CMS case and give the SM the back pay 
for the match they were entitled to.

4.  On 13 December 2022, by memorandum, Subject: Request an Exception to 
Policy (ETP) to the BRS Opt-in Window, the Deputy Chief of Staff, G-1, referenced 
All Army Activities 067/2020 - Extension to implementation guidance Exception to 
Policy (ETP) to retroactively enroll certain eligible Soldiers in the hardship extension 
of the enrollment period. 

		(1)  The memorandum stated the request for an ETP to the BRS Opt-in window 
pertaining to the [Applicant] is approved. The following information is provided for this 
approval: 

		(a)  Justification: Failure of the Army to adequately notify of eligibility and to enroll 
in BRS (Health Professional Scholarship Program)

		(b)  BRS Opt-In course completion date: 20220824

		(c)  BRS retroactive enrollment is authorized effective 20220824
		(2)  In accordance with paragraph 6 of the above reference, Commander Army 
Human Resources Command (AHRC) must add this individual to the BRS eligibility 
listing that that AHRC transmits to the Defense Finance and Accounting Service (DFAS) 
weekly.

		(3)  In accordance with paragraph 4 of the above reference, DFAS will provide 
access to the opt-in link on MyPay, ensure the proper retroactive Government automatic 
and matching Thrift Savings Plan (TSP) contributions are credited to the member’s TSP 
account, and ensure retroactive matching TSP contributions will only be made in 
accordance with the individual contribution previously mad1e that should otherwise 
have been matched had the member been correctly enrolled in the BRS.

		(4)  Recommend the individual monitor MyPay for availability of the BRS Opt-In 
link to make an informed decision. Once enrolled in the BRS that\decision is 
irrevocable:

5.  On 13 March 2023, the applicant corresponded with an officer at the Army G-1. 

	a.  He stated “I am now wondering if backdating the BRS memo to Jan 22 is even 
allowed? I do not understand in the first place why I was taken off the BRS coming onto 
active duty from the reserve. Just to re-iterate, I was in the blended retirement system 
since May 2018 when I commissioned into the reserve component. When I came onto 
active duty in January 2022, the Fort Benning pay office input all prior service Soldiers 
as the rank with 0 years of service, because "it's easier that way." I have attached a 
March 2022 LES, which even indicates on it that I am in the blended retirement system, 
which explains why I did not even understand w at the issue was until almost a year 
later. 

	b.  The G-1 officer responded to the applicant stating “when our office approves an 
ETP we can only go back to the date the member took the BRS training because it is a 
requirement prior to enrollment into BRS. If you have proof of enrollment into BRS while 
in the Reserve, please send it to me to take a look, and see what can be done. If not, 
you can always a file a case through the ABCMR.”

6.  On 8 September 2023, the Army G-1 Compensation and Entitlements Division 
provided an advisory opinion in the processing of this case. The advisory official 
referenced/stated:

	a.  Title 37, United States Code, Section 356; Office of The Secretary of Defense, 
memorandum (Implementation of the Blended Retirement System), 27 January 2017; 
and ALARACT 067/2020 – Extension to Implementation Guidance for Exception to 
Policy (ETP) to Retroactively Enroll Certain Eligible Soldiers in the BRS and Hardship 
Extension of the Enrollment Period

	b.  After careful review of the information provided, this office supports the 
applicant’s request to be allowed to opt-in to BRS with a retroactive date of 9 January 
2022, based on the previous erroneous enrollment transaction, to include attempts to 
enroll in BRS effective the date entered active duty.

	c.  Based on the prior approval date of 24 August 2022, the applicant is entitled to 
receive 1% automatic agency contribution plus up to 4% service matching contribution 
for a total contribution of 5% for the period 9 January 2022, through 23 August 2022.

7.  The applicant was provided with a copy of this advisory opinion. He responded 
saying he has no comments to add other than to thanks the Board for its
diligent work. He believes the advisory opinion will aid the Board in making the ethically 
correct choice in this case. 

BOARD DISCUSSION:

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 Compensation and Entitlements Division 
advisory opinion, the Board concurred with the advising official finding the applicant’s 
previous erroneous enrollment transaction, it includes attempts to enroll in BRS 
effective the date the applicant entered active duty.  Based on the G-1 advisory, the 
Board granted relief to correct the applicant’s records as an exception to allow him to 
opt-into the Blended Retirement System (BRS), retroactive to 9 January 2022, based on 
the previous erroneous enrollment transaction.

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 to show the applicant was 
granted an exception to allow him to opt-into the Blended Retirement System (BRS), 
retroactive to 9 January 2022, based on the previous erroneous enrollment transaction.


	 
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:

Title 37 U.S. Code § 356 - Continuation pay: full TSP members with 8 to 12 years of 
service, 

	a.  Continuation Pay.—The Secretary concerned shall make a payment of 
continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of 
the uniformed services under the jurisdiction of the Secretary who—

		(1) has completed not less than 8 and not more than 12 years of service in a 
uniformed service; and

		(2) enters into an agreement with the Secretary to serve for not less than 3 
additional years of obligated service.

	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 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—

		(1) in the case of a member of a regular component— (A) the monthly basic pay 
of the member at 12 years of service multiplied by 2.5; plus (B)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

		(2) in the case of a member of a reserve component— (A) 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 (B)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).

	c.  Additional Discretionary Authority.— In addition to the continuation pay required 
under subsection (a), the Secretary concerned may provide continuation pay under this 
subsection to a full TSP member described in subsection (a), and subject to the service 
agreement referred to in paragraph (2) of such subsection, in an amount determined by 
the Secretary concerned.

	d.  Timing of Payment.— The Secretary concerned shall pay continuation pay 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.

	e.  Lump Sum or Installments.— A full TSP member may elect to receive 
continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not 
more than four payments.

	f.  Relationship to Other Pay and Allowances.— Continuation pay under this section 
is in addition to any other pay or allowance to which the full TSP member is entitled.

	g.  Repayment.— A full TSP member who receives continuation pay under this 
section (a)?[1] and fails to complete the obligated service required under such 
subsection shall be subject to the repayment provisions of section 373 of this title.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004792


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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