IN THE CASE OF: BOARD DATE: 28 September 2021 DOCKET NUMBER: AR20210008487 APPLICANT REQUESTS: * Pay and allowances for duty performed * Update retirement points for duty performed APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 3349 (Physical Profile Record) * National Guard Bureau (NGB) Form 23A (Army National Guard (ARNG) Current Annual Statement) * DA Form 4856 (Developmental Counseling Form), dated 17 April 2020 * DA Form 4856 7 May 2020 * Puerto Rico (PR) National Guard (NG) Memorandum, Subject: Notification of Separation Proceedings under Army Regulation (AR) 135-178 (ARNG and Reserve Enlisted Administrative Separations), Chapter 14 (Secretarial Plenary Authority) * E-mail, dated 20 April 2020 * E-mails, dated 22 April 2020 * Physical Disability Evaluation System (PDES) Non-duty Related (NDR) Physical Evaluation Board (PEB) Process Checklist * Applicant's request for Non-Duty Related PEB Evaluation * Applicant's request for separation and waiver of PEB evaluation * E-mail, dated 7 May 2020 * PRARNG Element Orders Number 135-156 * PRARNG Orders Number 0004092XXXX * PRARNG Element Orders Number 170-XXX * E-mails dated 23 July 2020 * Certification for duty performed on 15 through 19 June 2020 * Certification for duty performed on 10 through 12 July 2020 FACTS: 1. The applicant states that he performed the following duty for which he did not receive pay and allowances nor was he awarded retirement points: * Inactive Duty for Training (IDT) during the period of 15 through 19 June 2020 * Active Duty (AD) on 17 June 2020 (Unit Prevention Leader (UPL) recertification * Annual Training (AT) 20 June through 4 July 2020 * IDT during the period of 10 through 12 July 2020 He notified his unit, 544th Military Police (MP) Company, but they did not find out the reason for the non-payment. The issue was evaluated to the 125th MP Battalion, who found out that the applicant was medically discharged effective 31 May 2020. The applicant, his unit, or his battalion were never notified prior to the performance of the duty. The applicant was finally notified via his personal e-mail on 31 July 2020 by the battalion medical sergeant (SGT), SGT S- O-. Due to no fault of his own, the applicant is requesting pay and allowances and retirement points for all duty performed after his original discharge date. 2. A review of the applicant's service record shows: a. With prior USAR service, the applicant was ordered to active duty for training (ADT) on 11 September 1990. The applicant was released from active duty on 5 March 1991. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 5-months and 25-days of active service. b. The applicant enlisted in the ARNG on 23 July 1991. c. On 15 January 1992, Orders Number 067-XXX, issued by Headquarters (HQs), Second U.S. Army, the applicant was discharged from the USAR and assigned to the ARNG effective 23 July 1991. d. On 17 September 1994, Orders Number XX, issued by Second U.S. Army, the applicant was ordered to active duty effective 20 September 19XX. e. The applicant was honorably released from active duty on 27 December 1994. DD Form 214 shows the applicant completed 3-months and 8-days of active service. f. The applicant extended his enlistment in the ARNG on 24 October 1999. He has continuous service in the ARNG through extensions or reenlistments. g. On 16 January 2002, Orders Number 010-XXX, issued by HQs, PR State Area Command ARNG, the applicant was ordered to active duty in support of Operation Desert Spring and Return effective 17 January 2002. h. The applicant was honorably released from active duty on 6 October 2002. DD Form 214 shows the applicant completed 8-months and 20-days of active service. i. The applicant was ordered to active duty in support of Operation Enduring Freedom effective 11 February 2003. He was honorably released from active duty on 10 February 2004. DD Form 214 shows the applicant completed 1-year of active service. j. On 2 September 2014, PRARNG notified the applicant of his eligibility for retired pay for non-regular service at age 60 unless he qualified for a reduced eligibility age in accordance with Title 10 United States Code, section 12731(f). k. On 13 April 2020, the applicant was notified by his commander of the initiation of separation from the PRARNG as his medical condition did not allow him to perform the military duties of his Military Occupational Specialty (MOS). The applicant was informed that he could elect to either waive referral to the NDR Physical Evaluation Board System or if he believed he could perform his MOS duties despite his medical condition, he could request referral to the NDR Physical Evaluation Board (PEB). l. On 6 May 2020, the applicant requested discharge from the ARNG due to physical disability that found him to be physically unfit for retention. His medical condition is not related to his military duty nor was it aggravated by his military service. m. On 21 May 2020, Orders Number 00004092XXX, issued by the PRARNG, the applicant was honorably discharged from the ARNG effective 31 May 2020 in lieu of mandatory retirement for completion of more than 20-years of service. n. On 24 April 2021, the applicant's NGB Form 23A shows he completed 26-years of creditable service for retired pay. For retirement year 20 August 2019 through 19 August 2020, NGB Form 23A shows the applicant completed 35-days in IDT status and 1-day in AD status. 3. The applicant provides: a. On 30 March 2020, the applicant was identified with left knee pain which prevented him from physical fitness requirements as a Soldier and was referred to the non-duty PEB. b. NGB Form 23A, dated 6 April 2020, shows the applicant completed 25-years of creditable service for retired pay through 20 August 2019. c. On 13 April 2020, the applicant was counseled and provided policy and procedures for Soldiers being referred into the PDES for non-duty related medical conditions. The applicant elected request for a PEB evaluation for NDR for the purpose of separation due to medical disqualifications. The applicant signed the DA Form 4856 on 17 April 2020. d. On 7 May 2020, the applicant changed his election and opted to request a waiver of the PEB evaluation for NDR medical conditions and accepted separation from the ARNG and reassignment to the U.S. Army Reserve (USAR) Control Group (Retired Reserve). The applicant signed the DA Form 4856 on 7 May 2020. e. E-mail traffic, dated 20 April 2020, between the applicant and the unit Medial Readiness Noncommissioned Officer (NCO), that shows the applicant was provided documents for the PEB and a DA Form 4856, the applicant returned to the unit. f. E-mail traffic, dated 22 April 2020, which shows the applicant's unit submitted the applicant's request for a PEB and the NDR PEB checklist. g. On 22 April 2020, the applicant requested referral to the NDR PEB. The applicant requested that his records be re-evaluated as he believed that he has been improving in the area of behavioral health and he has been performing the duties of his MOS within the limitations of his profile. In 2019, the applicant divulged his medical conditions and since then he has served in numerous positions including that of the MP NCO without limitations. h. E-mail traffic, dated 7 May 2020, which shows the applicant provided the documents that were requested for his signature. i. PRARNG Orders Number 135-XXX that shows the applicant was ordered to active duty for AT during the period of 20 June through 4 July 20XX. j. PRARNG Orders Number 170-XXX that shows the applicant was ordered to Full Time National Guard Duty – Operational Support (FTNGD-OS) on 17 June 20XX for attendance of Substance Abuse – Unit Prevention Leader Training. k. E-mail traffic, dated 23 July 2020, which shows the action the applicant needed to take in order to receive his pay and allowances for duty performed. He would have to start the process through the Army Board for Correction of Military Records due to the implementation of the Integrated Personnel and Pay System – Army (IPPS-A), the only way to get a Soldier back onto the system would be to complete a new hire action. However, since the applicant was discharged due to a medical disqualification, he cannot be gained back in the system. l. E-mail traffic, dated 23 July 2020, that shows the applicant was provided his discharge order, which was provided to his unit on 21 May 2020. m. PRARNG document that certifies the applicant performed duty during the period of 15 through 19 June 2020. n. PRARNG document that certified the applicant performed duty during the period of 10 through 12 July 2020. 4. On 3 June 2021, in processing this case, the Case Management Division requested the NGB provide an advisory opinion regarding the applicant's request for pay and allowances and retirement points, to be discussed during the Board proceedings. The NGB recommended approval of his request. a. The retired Soldier states that he performed Inactive Duty Training (IDT) beginning 15 June 2020 ending 19 June 2020 followed by Annual Training (AT) for Fiscal Year 2020 beginning 20 June 2020 and ending 04 July 2020. He further states that he performed one-day active duty status on 17 June 2020 for the Unit Prevention Leader recertification course at Fort Buchanan, PR, and performed (MUTA 6) beginning on 10 July 2020, ending 12 July 2020 and did not get paid for those dates. b. [The applicant] also states that he presented this issue at his unit and they did not find out the reason for the nonpayment. The issue was escalated to the battalion level and they found out that he was medically discharged effective date 13 May 2020. He contends notification was never disseminated to him, to the unit or at the Battalion level and that he was officially notified via personal email on 31 July 2020 by the Battalion the medical SGT. His Battalion SGM stated he was never informed about discharge notification. c. Enclosed are Puerto Rico Army National Guard (PRARNG) certificate of performance for the period of 15 June 2020 through 19 June 2020, order number 170- 020, dated 18 June 2020 showing he attended Full Time National Guard Duty on 17 June 2020, PRARNG order number 135-156 dated 14 May 2020 showing he attended annual training 20 June 2020 through 04 July 2020 and certificate of performance for the period of 10 July 2020 through 12 July 2020. d. Based on the documentation provided it is evident [the applicant] performed these duties and should be compensated. Additionally, an email included in [the applicant’s] application from SGM C_, recommends the retired Soldier submit his request to the Army Board for Correction of Military Records as a means of correction. Therefore, this office recommends all pertinent discharge documents be amended to reflect a date that extends past his last duty performed and that his RPAM be corrected to show the additional retirement points. Further recommend [the applicant] receive any monetary compensation as a result. 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, advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the advising official’s findings and recommendation. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the applicant unknowingly performed the duty after being separated. The Board agreed his service dates should be amended, he should receive additional retirement points, and he should be paid for the service performed. 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 having the ARNG complete the following: * amend Orders Number 00004092XXX, issued by the PRARNG on 21 May 2020, to show he was released from the ARNG and transferred to U.S. Army Reserve Control Group (Retired Reserve) on 12 July 2020; * pay him for the additional service dates he performed; and * provide him with additional retirement point credit earned. 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 (Army Reserve Training and Retirement Point Credit and Unit Level Strength Accounting Records), contains Army policy for U.S. Army Reserve (USAR) training and retirement point credit. It also prescribes guidance for USAR unit level strength accounting. a. Paragraph 2-2 (Criteria for earning retirement points), retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. The following types of IDT are in accordance with AR 140–1: * regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies * RST * make-up assemblies for missed BA due to AT * equivalent training (ET) in lieu of scheduled BA or RST * additional training assemblies (ATA) * two-hour funeral honor IDT * training of individual Soldiers in non-pay status b. Paragraph 2-3 (Qualification and eligibility for earning retirement points) all active duty and IDT must be preapproved by the unit of assignment/attachment prior to the duty performance. Soldiers attending training or distance learning/distributed learning training in a DOD Civilian capacity are not entitled to retirement point credit per DODD 5500.07. Rule 2, attends BA RST, in a non-pay status. Is in the same category as rule 1, column B to include IRR Soldiers attached; and points under the 4-hour/8-hour rule. c. Paragraph 3-1, Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Re-lease or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), master military pay account, DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points. Units of assignment are responsible to ensure source documents are uploaded into iPERMS prior to submission of action to adjust a Soldier's retirement points. This will ensure proper validation of retirement points throughout a Soldier's career. 2. DOD Instruction 1215.07 (Service Credit for Non-Regular Retirement), establishes policy, assigns responsibilities, prescribes procedures, and establishes requirements for crediting active and Reserve service for non-regular retirement in accordance with Chapter 1223 of Title 10, United States Code (U.S.C.), Paragraph 3.4b (Retirement Point Credit by Activity), (Inactive Duty Service), credit inactive duty service as follows: (1) One retirement point for each attendance at an inactive duty training (IDT) period or period of equivalent instruction. The Secretary concerned or the Commandant of the Coast Guard must prescribe the IDT periods or periods of equivalent instruction for that year, and the must conform to the requirements prescribed by law, including attendance by a member of the National Guard at required IDT periods. (2) One retirement point for each attendance at a period of equivalent training. (3) a maximum of two retirement points for attendance at IDT periods, or equivalent training, in any 1 calendar day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008487 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1