IN THE CASE OF: BOARD DATE: 27 March 2020 DOCKET NUMBER: AR20170003938 APPLICANT REQUESTS: in effect an exception to policy to correct to his DA Form 5016 (Chronological Statement of Retirement Points) to show 14 additional retirement points for extension course credit for his retirement year ending on 26 November 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * nine Certificates of Completion dated 15 April 2016 for * Customer-Driven Process Improvement: Implementing and Maintaining Improvements – 1 hour expected duration * Customer-Driven Process Improvement: Identifying Improvement Ideas and Solutions – 1 hour * Customer-Driven Process Improvement: Analyzing Process Problems – 1 hour * Customer-Driven Process Improvement: Mapping and Measuring Processes – 1 hour * Customer-Driven Process Improvement: From Customer Needs to Process Requirements – 1 hour * Customer-Driven Process Improvement: Identifying Customer Needs – 1 hour * Marketing Essentials: Promotion – 1 hour * Engaging Top Performers – 1 hour * Facilitating Collaborative Processes – 1 hour * nine Certificates of Completion dated 18 April 2016 for * Operations Management: Facilities Planning and Management – 1 hour and 3 minutes * Operations Management: Management of Quality – 1 hour * Reviewing and Rewarding Performance – 1 hour * Monitoring and Improving Performance – 1 hour * Global Brand Management – 1 hour * Marketing Essentials: Place – 1 hour * Marketing Essentials: Marketing and Ethics – 1 hour * Marketing Essentials: Product and Price – 1 hour * Operations Management: Operations Scheduling – 1 hour * eight Certificates of Completion dated 19 April 2016 for * Strategies for Successful Employee Onboarding: An Introduction – 1 hour * Strategies for Successful Employee Onboarding: Getting Started – 1 hour * Strategies for Successful Employee Onboarding: Accessing Program Success – 1 hour * Overcoming Challenges of Managing Top Performers – 1 hour * Six Sigma and Organizational Goals – 1 hour and 53 minutes * Competitive Marketing Strategies: Selecting and Implementing Strategies – 1 hour * Competitive Marketing Strategies: Analyzing Competitors – 1 hour * Competitive Marketing Strategies: Conducting an Internal Analysis – 1 hour * ten Certificates of Completion dated 20 April 2016 for * Marketing Essentials: Planning and People – 1 hour * Marketing Essentials: Introduction to Marketing – 1 hour * Building Lasting Customer-brand Relationships – 1 hour * Developing a Brand Internally – 1 hour * Brand Management for Social Media and Wireless Technologies – 1 hour and 8 minutes * Operations Management: Product and Service Management – 1 hour * Operations Management: Forecasting and Capacity Planning – 1 hour * Operations Management: Inventory Management – 1 hour * Operations Management and the Organization – 1 hour * Reducing Waste and Streamlining Value Flow Using Lean – 1 hour * seven Certificates of Completed dated 21 April 2016 for * Operations and Supply Chain Management – 1 hour * Using Lean for Perfection and Quality – 1 hour * Applying Lean in Service and Manufacturing Organizations – 1 hour * Value Stream Mapping in Lean Business – 1 hour * Lean Tools and Techniques for Flow and Pull – 1 hour * Introduction to Lean for Service and Manufacturing Organizations – 1 hour * Customer-driven Process Improvement: Basic Framework – 1 hour * Learner Records Report for the Applicant dated 8 March 2017 from the U.S. Army Skillport website * Applicant’s letter to Army Review Boards Agency dated 17 March 2017 with duplicate application and duplicate evidence mailed into the Agency FACTS: 1. The applicant states at the time of his application dated 10 March 2017, he was a colonel (COL)/pay grade O-6 in the Individual Ready Reserve (IRR). He states that while he was applying for positions in the active Reserve, he completed correspondence courses so he could earn a "good year" for non-regular retirement, or a minimum of 50 retirement points for a retirement year. He seeks correction to his DA Form 5016 to show 14 additional retirement points earned by completing correspondence courses for his retirement year ending on 26 November 2016. a. In 2016, the U.S. Army eliminated credit for correspondence courses effective 15 April 2016 for members of the Reserve Component. He was not aware of this policy change. Prior to 2016, he could earn one retirement point for every 3 hours of correspondence courses he completed. This was the standard for nearly 25 years. He had no idea nor any expectation that the policy would change. b. During the period from 15 April to 21 April 2016, he completed 44 hours of correspondence courses. He started working on these courses in November 2015, long before the policy change went into effect. As he was not aware of the pending policy change, he worked to complete the correspondence courses so he would have a good retirement year (50 retirement points for each anniversary year). c. He completed some courses after the effective date of the policy change. The date shown on the completion certificate is the date the Army E-Learning Program registers the final test score. There are times when the Army E-Learning Program promptly registers a course completion and prints the certificate of completion. On occasion, the Army E-Learning Program does not immediately record the test results and will issue a course completion certificate days later. d. As he was unaware of the pending policy change, he complete 221 hours of correspondence courses after April 2016. As he started these classes after 15 April 2016, he did not include them in his application. f. He spoke with personnel at the U.S. Army Human Resources Command (HRC), Personnel Actions Branch (Retirement Points) who were unable to grant him an exception to policy. He was told to apply to the Army Board for Correction of Military Records (ABCMR). He seeks relief based on his more than 25 years of service. Additionally, there were many times during his years of service where he did not get credit for all the retirement points he earned due to clerical errors. He feels it was an arbitrary decision on the part of the U.S. Army to stop awarding credit for correspondence courses effective 15 April 2016. 2. The applicant is a Reserve commissioned officer of the U.S. Army Reserve (USAR). As a member of the USAR Control Group (Reinforcement) he was promoted to the rank of COL in pay grade O-6 on 25 January 2010 by U.S. Army HRC Orders B-01-000481. His branch is Judge Advocate. 3. On 27 December 2012 the applicant received his notification of eligibility for retired pay at age 60 otherwise known as the Twenty Year Letter. His letter was issued by the U.S. Army HRC and it stated he is eligible for retired pay upon application at age 60. His letter informed him that if he was a member of the USAR active status he must earn a minimum of 50 retirement points each retirement year to retain active status. 4. The U.S. Army HRC issued Orders C-07-409265 on 1 July 2014 voluntarily reassigning the applicant from the U.S. Army Element, Office of the Joint Chiefs of Staff to the USAR Control Group (Reinforcement) effective 30 June 2014. Prior to his transfer this order shows he was a member of the USAR Control Group (Individualized Mobilization Augmentee). 5. Filed within his Soldier Management System electronic account maintained by U.S. Army HRC are a series of electronic messages pertaining to the applicant’s requests for credit for retirement points based on completion of correspondence courses. a. On 8 March 2016 the applicant wrote to the U.S. Army, HRC, Office of Personnel Management Division. He stated he was in the IRR and, in effect, his DA Form 5016 required correction. His retirement year ran from 27 November to 26 November. He submitted a roster of his completed correspondence courses and stated his DA Form 5016 should be corrected as follows: * retirement year 27 November 2012 to 26 November 2013, he completed 186 hours of instruction which correlates to 62 extension course points * retirement year 27 November 2013 to 26 November 2014, he completed 238 hours of instruction which correlates to 79 extension course points * retirement year 27 November 2014 to 26 November 2015, he completed 356 hours which correlated to 118 extension course points b. On 13 May 2016 personnel at the U.S. Army HRC sent an email to the applicant informing him his DA Form 5016 would be corrected as follows: * he received 65 extension course points for his retirement year ending on 26 November 2013 and had a maximum of 142 retirement points for that year * he received 80 extension course points for his retirement year ending on 26 November 2014 and he achieved a maximum of 142 points for that year * he received 118 extension course points for his retirement year ending on 26 November 2015 and he achieved the maximum points of 130 for that year c. On 2 February 2017 the applicant submitted an electronic message to U.S. Army HRC requesting a correction to his DA Form 5016 to show he received 27 retirement points for 81 hours of extension course credits for his retirement year ending on 26 November 2016. He further stated, "As it is, I completed many more correspondence courses after April 14, 2016, but only recently became aware that credit is no longer provided for courses completed after that date." d. On 15 March 2017 a representative from the U.S. Army HRC sent the applicant an electronic message informing the applicant he completed 76 courses totaling 81 hours of instruction. He would receive 27 extension course credits for his retirement year ending on 27 November 2016. 6. On 1 May 2019 the U.S. Army HRC issued Orders C-03-903606 releasing the applicant from the USAR Control Group (Reinforcement) and assigned him to the Retired Reserve. The reason for his transfer to the Retired Reserve was due to non- participation (not earning 50 retirement points each retirement year after receipt of his Twenty Year Letter). 7. On 24 January 2020 a staff member of the ABCMR printed a copy of the applicant’s most current DA Form 5016. He has 23 years of qualifying service for non-regular retirement with a total of 3, 933 retirement points. (He is eligible to draw retired pay in May 2024.) This form also contains the following pertinent information: Beginning Date Ending Date Inactive Duty Points Extension Course Points Membership Points Active Duty Points Total Points Creditable 20151127 20161126 00 027 15 00 042 20141127 20151126 00 118 15 00 120 20131127 20141116 36 080 15 12 142 20121127 20131126 53 066 15 12 142 20111127 20121126 53 000 15 12 080 8. In support of his application, he submitted 43 certificates of completion stating he completed 44 hours of extension course credit (equating to 14 extension course retirement points) and most of the courses were worth 1 hour of credit each: * nine certificates of completion dated 15 April 2016, totaling nine extension course credit hours * nine certificates of completion dated 18 April 2016, totaling nine extension course credit hours and 3 minutes * eight certificates of completion dated 19 April 2016, totaling eight extension course credit hours and 53 minutes * 10 certificates of completion dated 20 April 2016, totaling 10 extension course credit hours * seven certificates of completion dated 21 April 2016, totaling seven extension course credit hours 9. In summary, the applicant is requesting correction to his DA Form 5016 for his retirement year ending 26 November 2016 to show an additional 14 extension course points for a total of 41 extension course points as an exception to Army Regulation 140- 185 (Army Reserve – Training and Retirement Point Credits and Unit Level Strength Accounting Records) and Department of Defense Instruction (DODI) 1215.07 (Service Credit for Reserve Retirement) currently in effect. An exception to policy would increase his total creditable points from 42 to 56 allowing for his retirement year ending on 26 November 2016 to be a "good year." 10. Reserve Component members in an inactive status in accordance with Title 10, U.S. Code, section 10152 may not receive service credit for retirement pursuant to Title 10, U.S. Code, section 12734(a). Individuals who have completed the service requirement for retired pay and have not attained the age specified in Section 12731(f) of Title 10, U.S. Code, may transfer to an inactive status, but may not receive retirement point credit in that status. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the issuance of a 20-year letter and his transfer to the IRR. The Board considered course completion records provided by the applicant and the date of the change in US Army policy that eliminated credit for correspondence courses. The Board found insufficient evidence that the applicant received credit for course prior to the date of the policy change. Based on a preponderance of evidence, the Board determined that the absence of retirement point credit for courses completed after the Army policy change was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, U.S. Code, section 10152 (Standby Reserve: inactive status list) states an inactive status list shall be maintained in the Standby Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force concerned, a member in the Standby Reserve who is not required to remain a Reserve, and who cannot participate in prescribed training, may, if qualified, be transferred to the inactive status list under regulations to be prescribed by the Secretary concerned. These regulations shall fix the conditions under which such a member is entitled to be returned to an active status. 2. Title 10, U.S. Code, section 12734 (Time not creditable toward years of service) states that service in an inactive status may not be counted in any computation of years of service under this chapter. 3. Title 10, U.S. Code, section 10141 (Ready Reserve; Standby Reserve; Retired Reserve: placement and status of member; training categories) states: a. There are in each armed force a Ready Reserve, a Standby Reserve, and a Retired Reserve. Each Reserve member shall be placed in one of those categories. b. Reserves who are on the inactive status list of a Reserve Component (RC), or who are assigned to the inactive Army National Guard or the inactive Air National Guard, are in an inactive status. Members in the Retired Reserve are in a retired status. All other Reserves are in an active status. c. As prescribed by the Secretary concerned, each RC except the Army National Guard of the United States and the Air National Guard of the United States shall be divided into training categories according to the degrees of training, including the number and duration of drills or equivalent duties to be completed in stated periods. The designation of training categories shall be the same for all armed forces and the same within the Ready Reserve and the Standby Reserve. 4. Army Regulation 140-185 (Army Reserve – Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement point credits and training. This regulation complies with the National Defense Authorization Acts for Fiscal Year 2002, as well as other applicable statutory and Department of Defense issuances. a. Retirement point credit is authorized for RC in active Service Ready Reserve status. The RC in an active status as defined in Title 10, U.S. Code, section 10141. b. A qualifying year of service for non-regular retired pay is a full year during which a RC member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay. c. The criteria for establishing the service requirement for a satisfactory year of service for non-regular retirement per Department of Defense Instruction (DODI) 1215.07 (Service Credit for Reserve Retirement) and the anniversary year ending date states the full-year periods used for the crediting of qualifying years for non-regular retirement must be based on the anniversary years. Anniversary year periods are calculated from an anniversary date. The anniversary date is the date the Servicemember entered into active service or active status in a RC. d. The criteria for crediting retirement points is limited to a maximum of 365 (366 in a leap year) points in an anniversary year. No more than one retirement point may be awarded for any day in which the Soldier is on active duty. A Soldier in active service may not receive retirement points for other activities performed concurrently. (1) Retirement points credited for activities other than active service or funeral honors duty may not exceed: (a) For any anniversary years closing before 23 September 1996, 60 retirement points. (b) For anniversary years closing on or after 23 September 1996 but before 30 October 2000, 75 retirement points. (c) For anniversary years closing on or after 30 October 2000 but before 30 October 2007, 90 retirement points. (d) For anniversary years closing on or after 30 October 2007, 130 retirement points. (2) A maximum of two retirement points may be awarded in 1 calendar day for any activity or combination of activities. (3) Inactive duty training (IDT) will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points, with the exception of the 2-hour IDT funeral honors duty. (4) Soldiers are awarded 15 membership points for each year in an active status. If the Soldier is on active duty for more than 350 days (351 in leap year), membership points will be reduced so that maximum 365 (366) points are not exceeded. e. 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 Army Regulation 140–1: * regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies * re-scheduled training (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 nonpaid status f. RC members in an inactive status in accordance with Title 10, U.S. Code, section 10152 may not receive service credit for retirement pursuant to Title 10, U.S. Code, section 12734(a). Individuals who have completed the service requirement for retired pay and have not attained the age specified in Section 12731(f) of Title 10, U.S. Code, may transfer to an inactive status, but may not receive retirement point credit in that status. g. Paragraph 3-4 (Electronic-based distance learning) in pertinent part states commanders (troop program units) must validate the required training was completed and is updated in a formal Army record of training with 365 days of course completion. Each 4 hours of successfully completed qualifying electronics-based distributed learning coursework will earn a Soldier credit for completing on additional training period, whether paid or unpaid, and one Reserve retirement point. These are categorized as inactive duty training points and are subject to the annual limit on Reserve retirement points that may be credited in an anniversary year toward retired pay by Title 10, U.S. Code, section 12733(3). h. Members of the Selected Reserve (SELRES) who completed electronic-based distributed learning coursework between 28 December 2001 and 2 June 2010 may be awarded Reserve retirement points at the rate of one point per each 4 hours of distributed learning coursework, unless previously awarded retirement points. 4. DODI 1215.07 dated 18 November 2005 incorporating Change 1 dated 7 November 2008 states it is DOD policy that uniform procedures be used to manage Regular and Reserve Servicemembers for crediting and accounting of non-regular retirement. Retirement point credit limitation states retirement points credited for activities other than active service or funeral honors duty may not exceed: * 60 retirement points for any 1 anniversary year closing before 23 September 1996 * 75 retirement points for anniversary years closing on or after 23 September 1996, but before 30 October 2000 * 90 retirement points for anniversary years closing on or after 30 October 2000, but before 30 October 2007 * 130 retirement points for anniversary years closing on or after 30 October 2007 5. On 24 January 2013 DODI 1215.07 was updated wherein it states inactive duty service credit is awarded, in pertinent part, one retirement point for members of the SELRES (troop program unit) after successfully completing non-resident training and education in an active status for each 4 hours of pay received in accordance with Section 206(d)(2) of Title 37, U.S. Code. (1) The Secretary concerned must identify and direct the use of electronic-based distributed learning methodologies for the purpose of accomplishing unit readiness or mobilization training requirements. The Service member must complete the training and education in a non-duty status. (2) A period of non-resident training and education using electronic-based distributed learning methodologies must last at least 4 hours. The Service member must certify that he or she completed it. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003938 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1