Docket No. 8138-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref: (a) Title 10 U.S.C. §1552 
     (b) MILPERSMAN 1810-081 dtd 20 Dec 17 

Encl:(1) DD Form 149 w/attachments 
     (2) OCNO memo 7220 Ser N130/19U1766 of 06 May 19 
     (3) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect enrollment into the Blended Retirement System (BRS) and five percent matching contributions effective September 2018. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 February 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of 
error and injustice, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 


CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to make an election; however, failed to properly complete the election process as outlined in reference (b).  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, a measure of partial relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner is authorized to opt into BRS within 30-days of receiving this decision document.  

The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied.  Petitioner failed to provide evidence of a systemic error preventing him for opting into BRS prior to the 31 December 2018 deadline. Consequently, backdated enrollment with five percent matching contributions is not authorized. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.