IN THE CASE OF: BOARD DATE: 23 September 2021 DOCKET NUMBER: AR20210005571 APPLICANT REQUESTS: * correction of retirement points for her retirement year ending (RYE) 14 May 2020 * pay for duty performed APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Memorandum – Subject: DA Form 1380 Returned Without Action, dated 27 April 2020 * Memorandum – Subject: Authority to Validate and Sign DA Form 1380 for Retirement Points, dated 22 July 2019 * DD Form 3024 (Annual Periodic Health Assessment), dated 9 April 2020 * DD Form 2813 (Department of Defense Active Duty/Reserve/Guard/Civilian Forces Dental Examination), dated 10 October 2019 FACTS: 1. The applicant states she is currently serving as an active Reservist at the Uniformed Services University of the Health Sciences. She received her 20-year letter in 2019 but at the time of her application intended to remain in a Reserve status through 2021 to fulfill her Post-9/11 GI Bill transfer of benefits obligation. She contests that she completed active duty service requirements that should have resulted in 51 retirement points for her 14 May 2020 RYE; however, 4 points were not awarded due to delayed submission of the DA Forms 1380. A DA Form 1380 was submitted for a training activity on 18 October 2020, but it was returned without action by the U.S. Army Human Resources Command (HRC) due to the form being submitted late and containing an unauthorized signature. The applicant admits that the noted errors were her responsibility, and she apologizes profusely for these errors. Ms. K_ M_, is an authorized signature authority, and signed the DA Form 1380 after the end of the duty month. The memorandum from the Officer Lifecycle Management Team, memorandum regarding authority to validate and sign DA Forms 1380 for retirement points at the Uniformed Services University, and the DA Forms 1380 are included for the Board's review. Specifically, she is requesting 2 points for her attendance at the 18 October 2019 field training exercise (FTX), 1 point and pay for completion of her 10 October 2019 dental exam and 1 point and pay for her completion of her 9 April 2020 Physical Health Assessment (PHA). a. The DA Forms 1380 were submitted for pay and points for her annual physical health assessment and dental exam. However, pay and points have not been granted for these activities but her records have been updated within the Medical Operational Data System (MODS). She again provides that the late submission was her fault as she wrongfully believed that she had already submitted the DA Form 1380 for her PHA and her dental exam in April 2020 was canceled due to COVID-19 so she submitted her October 2019 exam as her annual exam. Thus, the DA Form 1380 was completed outside the regulatory guidance window. b. Notifications from HRC indicating that these documents are being returned without action have not been received but are expected due to their delayed submissions. As such, the applicant respectfully request annual training (AT) points and pay for these activities. At the time of application, the applicant indicated that she will have completed 22 qualifying years of service and intends to transfer into the Retired Reserve this year (2021). 2. A review of the applicant's available service records indicates the following: a. On 25 June 1995, the applicant was appointed as a Reserve commissioned officer. b. On 15 May 1999, the applicant was appointed as a Regular Army commissioned officer. c. On 2 September 2011, the applicant was released from active duty. d. On 3 September 2011, the applicant was again appointed as a Reserve commissioned officer and was assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement). e. On 25 May 2017, HRC issued Orders Number C-05-707348 reassigning the applicant from the USAR Control Group (Reinforcement) to the U.S. Army Element Uniformed Services University of the Heath Sciences effective 24 May 2017. The applicant was assigned as an Individual Mobilization Augmentee (IMA) and authorized to perform up to 48 Inactive Duty Training (IDT) periods each Fiscal Year (FY). f. On 15 August 2019, the applicant received her Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-year letter). g. For RYE 14 May 2020, the applicant's DA Form 5016 (Chronological Statement of Retirement Points) indicates that she was awarded 47 retirement points (20 - IDT, 12 - Active Duty Training (ADT) and 15 – Membership). Review of the applicant's points detail indicates that the applicant was not awarded retirement points for the period in question. 3. The applicant provides: a. DA Form 1380, dated 21 October 2019, reflective of the applicant performing 8 hours of duty (FTX Bushmaster, Fort Indiantown Gap, PA) on 18 October 2019. Item 9c. (Retirement Points) indicates "N2". The document was signed by Ms. K_ M_ on 25 November 2019. b. Memorandum – Subject: DA Form 1380 Returned Without Action, dated 27 April 2020, reflective of HRC returning the applicant's submitted DA Form 1380 due to it being submitted late (not submitted within the month that the duty was performed, endorsed by unauthorized person and the location/nature of the duties performed was blank). The applicant was advised to submit her request to this Board. c. Memorandum – Subject: Authority to Validate and Sign DA Form 1380 for Retirement Points, dated 22 July 2019, reflective of Ms. K_ M_, IMA Coordinator within the Military Personnel Office, being the primary person authorized by the Uniformed Services University of the Health Sciences (USUHS) to validate and sign the DA Form 1380 for pay and or retirement point assessments. d. DA Form 1380, dated 30 April 2020, reflective of the applicant performing 4 hours of duty (Annual PHA) on 9 April 2020. Item 9c. (Retirement Points) indicates "P1". The document was signed by Ms. K_ M_ on 3 September 2020. e. DD Form 3024 (Annual PHA), dated 9 April 2020, reflective of the applicant's completion of her PHA. f. DA Form 1380, dated 1 April 2020, reflective of the applicant performing 4 hours of duty (Annual Dental Exam) on 10 October 2019. Item 9c. (Retirement Points) indicates "P1". The document was signed by Ms. K_ M_ on 3 September 2020. g. DD Form 2813 (Department of Defense Active Duty/Reserve/Guard/Civilian Forces Dental Examination), dated 10 October 2019, reflective of the applicant's completion of a dental exam. BOARD DISCUSSION: The Board found the evidence confirms the applicant performed duty for which she was not granted retirement points on 10 October 2019 (1 point), 18 October 2019 (2 points), and 9 April 2020 (1 point). The Board determined her record should be corrected by adding the points and paying her any pay she is due for those periods of duty performance. 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 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 she was credited with retirement points as shown below and by paying her any pay she is due for these periods. * 10 October 2019 – 1 point * 18 October 2019 – 2 points * 9 April 2020 – 1 point 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 (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) Paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record IDT performed by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR Troop Program Units (TPU), Army National Guard (ARNG) units, or to another service or component for training. Only attached Soldiers are authorized to perform IDT with the exception of one annual Physical Health Assessment (PHA) each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) for those units. Nonpaid DA Form 1380 will not be entered into Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. Paragraph 3-4b, provides that a DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training. The code "P" or "N" will be entered in item 9c before the retirement point credit. The code "P" indicates the Soldier is entitled to inactive duty pay for the duties performed; the code "N" indicates the Soldier is entitled to retirement point credit only. 2. Department of Defense Instructions 1215.07 (Service Credit for Non-Regular Retirement) states inactive duty may be credited for each attendance at an inactive duty training period. A maximum of 2 retirement points for attendance at Inactive Duty Training periods and a maximum of 15 retirement points per year for Reserve Component members in an active status. 3. AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources Command will update the DA Form 5016 for USAR Soldiers annually at the end of their Annual Year (AY) and place it into their on-line record at http://www.hrc.army.mil for their review. Soldiers will review their retirement point statement annually and provide supporting documents to correct any deficiencies through their chain of command to HRC in accordance with AR 140–185. When local records available in Reserve units or in the Soldier’s military records do not conclusively establish the Soldier’s creditable service and completion of 20 years qualifying service, or mandatory removal from active status, other than through elimination action or age, is imminent; commanders will request DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) to verify the doubtful period(s). Discharged Soldiers with no military service obligation will receive an updated DA Form 5016 if a request is received with supporting documents and an account is already established in the Retirement Point Accounting. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005571 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1