ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20190003196 APPLICANT REQUESTS: retirement points credit for the completion of a period of reserve duty performed on 23 December 2016 during the retirement year ending (RYE) (now called the Anniversary Year (AY)) 12 May 2016 through 11 May 2017 in order to have a qualifying year of service for non-regular retired pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence between applicant and out-going Drilling Individual Mobilization Augmentee (DIMA) Agency Coordinator, dated 23 December 2016 * Memorandum for Record (MFR), dated 8 May 2017 * DD Form 577 (Appointment/Termination Record – Authorized Signature), dated 8 May 2017 * MFR, dated 14 April 2018 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 31 December 2015 * Memorandum from U.S. Army Human Resources Command (AHRC), dated 19 July 2018 with email dated 20 July 2018 FACTS: 1. The applicant states: a. He is missing credit for his reserve duty/training that he performed on 23 December 2016. He submitted a DA Form 1380 to his Reserve unit to account for the record of training, which was never processed. During a 2017 records review, he noticed the error and worked with his unit's DIMA Agency Coordinator to correct the missing credit. b. AHRC notified him in July 2018 that they could not process the re-submitted DA Form 1380 since it was a re-created document and the current DIMA Agency Coordinator could not sign the form since she was not assigned to the unit at the time the duty was performed. AHRC further stated he would have to apply to this Board for credit. c. The missing duty/training credit is for 4 hours, a single retirement point, and no pay involved (retirement point code "N1"). This single point prevents him from having earned 50 points for the RYE year. d. The unit to which he was assigned had a gap between full time DIMA Agency Coordinators from December 2016 and May 2017. It was during this time the training and error occurred. He worked with his unit and the current DIMA Agency Coordinator for about 12 months until receiving the notice from AHRC. 2. The applicant was appointed as a commissioned officer in the Regular Army on 12 May 1996 as a Military Intelligence (MI) officer. He was honorably discharged and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) in the rank/grade of captain (CPT)/O-3. 3. The applicant executed a DA Form 71 (Oath of Office) showing he was appointed as a Reserve commissioned officer on 19 September 2000. 4. Subsequently, he was assigned to the USAR Control Group (Individual Mobilization Augmentee (IMA)) and is currently serving in the rank/grade of major (MAJ)/O-4. 5. Orders C-10-614159 issued by AHRC, dated 17 October 2016 show the applicant, as a member of the IMA, was assigned to the Headquarters and Headquarters Battalion (HHB), U.S. Army Pacific Augmentation TDA, Fort Shafter, HI, effective 17 October 2016. The orders further stated he was authorized to perform up to 48 inactive duty training (IDTs) each fiscal year and drills performed without prior pay CAT A and/or pay CAT B authorization is for points only. 6. Orders C-11-813009 issued by AHRC show the applicant voluntarily requested reassignment to the USAR Control Group (Reinforcement) on 31 October 2018. 7. The applicant's DA Form 5016 (Chronological Statement of Retirement Points) shows he accumulated 49 creditable points during the AY beginning 12 May 2016 toward retirement. This form shows he has 19 years, 1 month, and 19 days of creditable service for retired pay. 8. The applicant provides: a. Email correspondence, dated 23 December 2016 between the applicant and the departing DIMA Agency Coordinator showing the applicant's request for the person who would be filling in as the point of contact until the new DIMA was in place. b. An MFR with DD Form 577, dated 8 May authorizing a new DIMA, within the Army Reserve Engagement Cell (AREC), as the primary manager for all DIMA Soldiers assigned to HHB, U.S. Army Pacific. c. An MFR, dated 14 April 2018 signed by the AREC Deputy Director, stating that several DA Forms 1380 were not completed and submitted in a timely manner due to the delay in the incoming DIMA coordinator. It further noted the previous DIMA coordinator allowed DA 1380s to be submitted all at once instead of being processed as the duty occurred. d. DA Form 1380, dated 31 December 2015 and digitally signed on 11 May 2018 by the DIMA Agency Coordinator certifying that the applicant performed duties in an IMA position at U.S. Army Pacific, AREC on 23 December 2016 for 4 hours with code "N1." e. A memorandum from AHRC, dated 19 July 2018 with email dated 20 July 2018 stating the applicant's DA Form 1380 was returned without action due to the form being recreated and therefore would not be accepted. The email noted that the DIMA Agency Coordinator was not assigned to the unit at the time the applicant performed the duty and did not have the authority to sign the form to confirm the applicant's performed the duty. It further noted to apply to this Board for relief. 9. Army Regulation 140-185 (Army Reserve - Training and Retirement Point Credits and Unit Level Strength Accounting Records), dated 3 August 2018, states: a. A qualifying year of service for non-regular retired pay is a full year during which a Reserve component 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. b. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the email, MFRs and memorandum provided by the applicant, the memorandum from AHRC and the requirements for computing retirement points. Based on the preponderance of evidence, the Board determined that the applicant’s retirement points, to include duties completed on 23 December 2016, should be recalculated to correct an error in the record for Anniversary Year (AY) 12 May 2016 through 11 May 2017 and in order to have a qualifying year of service for non-regular retired pay. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 requiring AHRC to complete a recalculation of his Anniversary Year (AY) 12 May 2016 through 11 May 2017 points, to include duties completed on 23 December 2016, and determine if he has sufficient points to support an additional qualifying year of service for non-regular retired pay. 2. The Board further determined 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 that pertains to any relief in excess of that describe above. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, U.S. Code, sections 12731 through 12739, authorize retired pay for Reserve Component military service. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. After 1 July 1949, a qualifying year is one in which the Reserve Soldier earned at least 50 retirement points. 2. Army Regulation 140-145 (Army Reserve - Individual Mobilization Augmentation Program), dated 21 March 2016, establishes policies and prescribes procedures for the employment, utilization, and management of the Individual Mobilization Augmentation (IMA) Program. Paragraph 4-6 states for training for retirement points only: a. Proponent agencies may assign additional projects to their Soldiers to complete, with their consent, "FOR RETIREMENT POINT CREDIT ONLY." Such projects should be directly related to the mission, organization, function, and activities of the Soldier’s proponent agency and otherwise support the Soldier’s individual training and development plan. b. Upon satisfactory completion of such projects, proponent agencies must complete and submit DA Form 1380 to the appropriate HRC personnel actions branch within 72 hours for the appropriate retirement point credit. Such credit will be awarded per Army Regulation 140–185. All submissions older than 30 days will require a commander memorandum explaining the late submission. c. The assignment of classified projects is permissible but must be safeguarded under the provisions of Army Regulation 380–5 [Information Security Program]. d. Proponent agencies are encouraged to provide their Soldiers with every opportunity to perform additional training projects "FOR RETIREMENT POINT CREDIT ONLY" in order to help them maintain their proficiency and earn sufficient retirement points (50) to earn a qualifying retirement year. 3. Army Regulation 140-185 (Army Reserve - Training and Retirement Point Credits and Unit Level Strength Accounting Records), dated 3 August 2018 prescribes the types of training and activities for which retirement points are authorized. a. It discusses the procedures for recording retirement point credits and training. Retirement points are awarded for membership, active duty for training, active duty, mobilization, training, and other situations. b. 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), annual training (AT), IDT, membership points, and for other activities specified in this regulation. The following types of IDT are: * 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 non-pay status ABCMR Record of Proceedings (cont) AR20190003196 0 5 1