ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2021 DOCKET NUMBER: AR20210007706 APPLICANT REQUESTS: correction of retirement points earned. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Human Resources Command (HRC) return without action letter, 12 September 2020 * 79th Theater Sustainment Command Memorandum for Record (MFR) * (8) DA Form 1380 (Record of Individual Performance of Reserve Duty Training, 20200119 * Chronological Statement of Retirement Points, 12 September 2020 * Transmittal Letter (TL) History Fiscal Year (FY) 2017 and FY 2018 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the correction will provide him the additional retirement points he earned and allow him to have the correct amount of good years and receive his 20 year letter. 3. A review of the applicant’s service records shows: a. The applicant was born in and turned 60 years of age on his birthday of b. c. He enlisted in the U.S. Army Reserve (USAR) on 19 July 1994. He entered active duty training (ADT) on 11 October 1994. He was awarded military occupational specialty 52C (Utilities Equipment Repairer). He was honorably released from ADT on 27 April 1995. d. He reenlisted in the USAR on 14 January 2004. He entered active duty on 1 October 2004 in support of Operation Iraqi Freedom. He was honorably released from active duty on 8 December 2005. e. He reenlisted again on 5 March 2011 for an indefinite period. He entered active duty on 8 February 2012 in support of Enduring Freedom. He was honorably released from active duty on 14 October 2012. f. His service records do not contain and he does not provide discharge orders or transfer to the Retired Reserve orders. g. His service record does not contain an application for retired pay at age 60. h. His Chronological Statement of Retirement Points, prepared on 18 August 2021 shows for the anniversary year (20170719 – 20180718) he did not have a qualifying year for retirement. He completed 42 retirement points during that anniversary year. i. His DA Form 5016 (Chronological Statement of Retirement Points) show she completed 18 years, 11 months, and 26 days of qualifying service for non-regular retirement. 4. The applicant provided: a. Memorandum for Record (MFR), dated 12 January 2019, and signed by a company commander of the 79th Theater Sustainment Command, Subject: late Submission of DA Forms 1380 for the applicant. The MFR states the applicant was identified during an annual audit of his duty history that previously submitted DA Form 1380's were not properly processed; after a review of original emails, the following forms were submitted for processing on the following dates: a. March 2017 - Sent 13 March 2017 b. May 2017 - Sent 22 May 2017 c. August 2017 - Sent 7 August 2017 d. September 2017 - Sent 25 September 2017 e. December 2017 - Sent 4 December 2017 f. February 2018 - Sent 12 February 2018 g. March 2018 - Sent 12 March 2018 h. April 2018 - Sent 16 April 2018 b. (8) DA Form 1380, reconstructed on 19 January 2020, and signed by his battalion commander, showing the timeframes he wishes to be counted for retirement points. c. Chronological Statement of Retirement Points, prepared 12 September 2020 showing a listing of retirement points earned in the previous completed anniversary years 20170719 – 20180718 shows as a non-qualifying year. d. Transmittal Letter History FY 2017 and FY 2018 showing a history of Transmittal Letters submitted for 79th Theater Sustainment Command on 9 December 2018 and 24 June 2020 5. On 12 September 2020, HRC informed him that his request to correct his retirement points was returned without action. The DD Form 1380 contained multiple errors: * Date prepared block is blank, incorrect, not legible, or untimely (late). * Date entered must be on or after the last duty date performed but no later than the end of the duty month * Per AR 140-185, paragraph 3-3, DA Forms 1380 should be forwarded to HRC for award of retirement points no later than the end of each duty month * DA Forms 1380's not in compliance with the aforementioned regulation, should be sent to the Army Board of Corrections for Military Records (ABCMR) with any additional supporting documents to justify the circumstances 5. By regulation, Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-Regular Service) in effect at the time states in: a. Paragraph 2-8 (Service Creditable as Qualifying Service) after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. b. Paragraph 2-10 (Computation of Service) after 30 June 1949, the member will earn one point for each day of active duty, 15 points for each year of membership, not to exceed 60 points per year. 6. By regulation, AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3, DA Forms 1380 should be forwarded to HRC for award of retirement points no later than the end of each duty month. All duties must remain in the same month. A separate DA Form 1380 must be completed for any other months. 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 with the HRC denial letter that regulatory guidance provides for the submission of the DA Form 1308 in a timely manner. However, in this case, the Board determined the applicant should have his DA Forms 1308 considered by HRC in an effort to make his record whole when computing retirement point credit. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he completed DA Forms 1380, 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. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application awarding service credit without evaluation by HRC. 12/29/2021 X CHAIRPERSON 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 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. Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-Regular Service) in effect at the time states in: a. Paragraph 2-8 (Service Creditable as Qualifying Service) after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. b. Paragraph 2-10 (Computation of Service) after 30 June 1949, the member will earn one point for each day of active duty, 15 points for each year of membership, not to exceed 60 points per year. 4. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3, DA Forms 1380 should be forwarded to HRC for award of retirement points no later than the end of each duty month. All duties must remain in the same month. A separated DA Form 1380 must be completed for any other months. //NOTHING FOLLOWS//