IN THE CASE OF: BOARD DATE: 3 October 2021 DOCKET NUMBER: AR20210005548 APPLICANT REQUESTS: correction of his record to show he was awarded retirement points for the following periods: * 23, 24, and 27 March 2018 * 13 June 2018 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training, dated 27 March 2018 * DA Form 1380, dated 22 June 2018 * DA Form 1380, dated 1 May 2019 * Memorandum for Record (MFR) – Subject: Authorization for Submission of DA Form 1380 (Points Only) for the applicant, dated 3 May 2019 * Email correspondence between U. S. Army Human Resources Command (HRC), Human Resources Officer and the applicant, dated 29 April 2020 * Interactive Personnel Electronics Records Management System (iPERMS) Detail by Date Range, dated 6 July 2020 FACTS: 1. The applicant states he performed duty for the U.S. Army Reserve in a "points only" duty status on several occasions with the points not being processed. Attached are copies of the signed duty completed for 23, 24 and 27 March 2018. Further duty was completed on 13 June 2018. He is requesting these points be added to his record. The duty was completed in preparation for a field training exercise "Always Engaged" supporting the 259th Expeditionary Military Intelligence Brigade (BDE). As the BDE S-4 at the time of the duty, he was preparing contracts and planning for the field rotation of 300 Soldiers on Joint Base Lewis–McChord (JBLM). Upon completion of the duty he had a Permanent Change of Station (PCS) to his follow on assignment with the 104th Division and continued to try and process the points through his gaining Reserve Personnel Action Center (RPAC) to no avail. He completed a PCS to the 301st Military Intelligence Brigade – Expeditionary (MEB)and has been trying to get the forms processed without any success. In reviewing the forms, he found both cite "Army Regulation (AR) 140-1 85 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), Table 2-3, Rule 11 (Performs funeral honors) when it should have been rule 10 (Performs administrative actions). He believes this to be the error that is preventing the duty from being honored and seeks the Boards assistance. 2. The applicant's service records show the following: a. On 26 July 2001, the applicant was appointed as a Reserve commissioned officer and executed an oath of office with a concurrent call to active duty. b. On 28 July 2005, the applicant was honorably released from active duty. He completed 4 years of net active service. He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement), St. Louis, MO. c. Over the next several years he was transferred on: (1) 20 July 2006, Orders Number C-07-624292, issued by HRC, released him from the USAR Control Group (Reinforcement) and assigned him to the 1st Brigade, 104th Training Division, Spokane, WA. (2) On 27 October 2006, Orders Number 06-300-00008, issued by Headquarters (HQs), 104th Division, reassigned him to the 382d Combat Sustainment Support Battalion, Seattle, WA. (3) On 4 February 2011, Orders Number 11-035-00045, published by HQs, 88th Regional Support Command (RSC), Fort McCoy, WI, reassigned him outside the command to the 1173rd Deployment and Distribution Support Battalion, Brockton, MA. d. On 8 June 2011, the applicant was ordered to active duty in support of Operation New Dawn. e. On 4 October 2012, the applicant was honorably released from active duty after 1 year, 3 months and 27 days. He was transferred to the 1173rd Deployment and Distribution Support Battalion. f. Over the next several years he was transferred again on: (1) On 4 October 2012, Orders Number 12-278-00002, issued by the Deployment Support Command, Birmingham, AL, released him from his unit and reassigned him within the command to the 382nd Combat Sustainment Battalion, Combat Sustainment Support, JBLM. (2) On 28 October 2012, Orders Number 12-302-00008, issued by the 88th RSC, Fort McCoy, WI, released him from his current unit and reassigned him outside the command to the 4th Battalion, 414th Regiment, (Senior Reserve Officers' Training Corps), Fort Lewis, WA. (3) On 19 January 2017, Orders Number 17-019-00019, issued by HQs, 88th RSC, reassigned the applicant outside of the command to the 259th Military Intelligence Brigade, Expeditionary, Tumwater, WA. (4) On 28 September 2018, Orders Number 18-271-00010, issued by HQs, 88th Readiness Division (USAR), Fort McCoy, WI, reflects his reassignment to the 104th Training Division (when he was trying to get his retirement points corrected). An amendment to the orders was completed on 4 October 2018, changing his assignment date to 28 September 2018. (5) On 19 August 2019, Orders Number 19-231-00009, issued by HQs, 88th Readiness Division, Fort Snelling, MN, released him from his current assignment, 104th Training Division, JBLM, WA outside the command to the 301st Combat Support Brigade, Maneuver Enhancement, JBLM, WA. (6) On 26 May 2021, Orders Number 21-146-00023, issued by HQs, 88th Readiness Division, Fort Snelling, MN, released him from his current unit and reassigned him outside his command to the 104th Training Division, JBLM, WA. 3. On 20 June 2021, his most recently published DA Form 5016 (Chronological Statement of Retirement Points), reflects 18 years of creditable service towards retirement. This document shows for the period 26 July 2018 – 25 July 2019; 59 inactive duty points, 15 membership points, and 10 active duty points = 84 total points creditable. 4. The applicant provides the following documents for the Board's consideration: a. Three DA Forms 1380 that reflect the following missing points. DA Form 1380 Date Date Hours Retirement Points Location of Duties, Nature of Duties, Training or Instruction 27 March 2018 23 March 2018 8 N-2 Operation Always Engaged Working Group 24 March 2018 8 N-2 Operation Always Engaged Working Group 27 March 2018 8 N-1 Contracting, Division Staff Conference 22 June 2018 13 June 2018 4 N-1 JBLM, WA: Contracting, mission planning 19 June 2018 8 N-2 JBLM, WA Brigade S4 Staff Work, AE18 Mission Planning 1 May 2019 18 February 2019 8 N2 FLIPL W70WAA-104-18-HHC-01 Investigation: Conducted interviews, transcribed notes to exhibits, reviewed regulations and prepared findings; research on DIV Ball b. MFR – Subject: Authorization for Submission of DA Form 1380 (Points Only) for the applicant. He was appointed as the Investigation Officer for a Financial Liability Investigation of Property Loss in October 2018. It provides that a memorandum of lateness approving the DA Form 1380 is required if beyond 30 days from duty completion. The DA Form 1380 was submitted to cover his work on the investigation. And duty was at the Soldier and Family Readiness Center. c. On 29 April 2020, the applicant received an email from HRC indicating they could not accept his DA Forms 1380 and to send them by mail on a DD Form 149 explaining what happened for assistance. d. On 6 July 2020, the applicant obtained his retirement points from the iPERMS site to show all "C" points only performance reflected. 5. On 28 April 2021, in the processing of this case, an advisory opinion was received from the U.S. Army Human Resources Command, Chief, Personnel Action Branch. The advisory official stated HRC is unable to process the request for points due to noncompliance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records), paragraph 3-3. It requires that nonpaid DA Forms 1380 will not be entered into Automated Drill Attendance Reporting System (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. The documents were returned without action by this office for not complying with the submission timelines in the Army Regulation, and for citing the incorrect rule – Rule 11, pertaining to funeral honors, instead of Rule 10, that would indicate administrative duties. 6. On 10 May 2021 the ARBA Case Management Division (CMD) provided the applicant with a copy of the Advisory Opinion provided by HRC. The applicant was given 15 days to submit comments. The applicant responded by saying: a. He was trying to get the points in the attached DA Forms 1380 applied to his record. The training was completed as "Points Only" not for pay in 2018 when he was a Major, S-4 with the 259th Military Intelligence Brigade. b. Points filed on 13 and 19 June 2018 were accurate but code 11 was applied (Funeral Duty). The code used was a typographical error when code 10 (Administrative Duty) should have been applied. c. Points filed on 23, 24 and 27 March 2018 have the same issue with the code being applied. There was a typographical error noted that eight hours of duty was completed by the file is listed as N-1 when it should be N-2 on 27 March 2018. d. The forms were submitted to the unit prior to his anniversary year ending and his departure to his follow on assignment to the 104th Division. e. He tried numerous attempts to get the points resolved through the unit of assignment (Headquarters and Headquarters Company (HHC), 259th Military Intelligence), his follow on assignment (HHC, 104th Division) and now his current unit, HHC, 301st MEB. f. He connected with an Ombudsman and service member advocacy center at JBLM to find support in getting the points closed and was given instruction to complete the DD Form 149 application (attached). He completed the form on 6 July 2020 and was notified in January that it could be a year before he would get the points added to his record. He received the notification (ExParte of HRC) that CMD needed to hear his response on why the points need to be added to his record. g. He is seeking to have the nine points added to his record of service. He is not seeking financial support, just recognition that work was done which was certified by the Deputy Commanding Officer of the Brigade. If the Board is unable to process the points, he would like help connecting with the office or individual that can process these forms 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board agreed there were undue challenges with getting his forms properly completed and submitted to HRC in order to receive the contested credit. The Board determined there is sufficient evidence to grant relief by showing his documents were sent to HRC in a timely manner for consideration. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 showing he completed nonpaid DA Forms 1380, showing rule 10, and they were forwarded to HRC in a timely manner meeting submission timelines for consideration. HRC will determine the appropriate amount of credit as a result of this correction. 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. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) Soldiers. a. Paragraph 2–2, states retirement points may be earned by USAR soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), and inactive duty training (IDT). Types of IDT are: (1) Regularly scheduled unit training includes unit training assemblies (UTA), and multiple unit training assemblies (MUTA). (2) Regularly scheduled training (RST) other than UTA/MUTA. (3) Make up assemblies for missed UTA/MUTA due to AT. (4) Equivalent training (ET) in lieu of scheduled UTA/MUTA or RST. (5) Additional training assemblies (ATA). (6) Two-hour unit training assemblies. (7) Training of individual soldiers in non-pay status. b. Paragraph 2–4 states, personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points: (1) One point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly maximum of 2 points in 1 calendar day. (2) One point for each 2 hour or greater period. (3) Two-hour aggregates of shorter periods may be used, except in the case of 2-hour unit training assembly’s maximum of 1 point in 1 calendar day. (4) One point for each 2 hour or greater period. (5) Two-hour aggregates of shorter periods may be used except in the case of 2-hour unit training assemblies. (6) Award of a second point in the same day requires additional hours to bring the day’s total to a minimum of 8 maximum of 2 points in 1 calendar day. (7) Points may not be awarded under more than one of the rules above during any single calendar day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005548 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1