IN THE CASE OF: BOARD DATE: 3 May 2021 DOCKET NUMBER: AR20200000300 APPLICANT REQUESTS: in effect, correction of her retirement points to show inactive duty reported on DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) between 2016 and 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 81st Regional Support Command (RSC), Fort Jackson, South Carolina – * Order Number 074533, dated 4 May 2017 * Order Number 085837, dated 30 May 2017 * Order Number 101959, dated 30 June 2017 * Letter of Lateness for Processing the Record of Individual Performance of Duty Training for [Applicant], dated 17 June 2019, pertaining to DA Forms 1380 for the period 29 February 2016 through 7 June 2017 (14 originals and 22 corrected) * 412th Theater Engineer Command (TEC), Vicksburg, Mississippi, Orders 17-193-00001, dated 12 July 2017 * Email, Subject: Original Email that was sent to Unit for Returned Without Action (RWOA) 1380s, dated 20 September 2019 FACTS: 1. The applicant states, in effect, she performed duty, as required by her unit, for pay or for points without pay, and the duty was certified in orders. It is reasonable to expect that the service credit would be applied to her record. There were multiple periods of duty and it has taken her significant time to exhaust all her options and receive clear guidance. a. She attempted to process the DA Forms 1380 upon the completion of duty. Initial forms were rejected by the Headquarters and Headquarters Company (HHC), 926th Engineer Brigade staff with instructions to collate dates onto fewer forms. This guidance was received on or about February 2017. She complied with these instructions, and this is reflected by the lag between the duty date and signature. Those forms, and subsequent DA Forms 1380 are the "original" forms. These initial forms were submitted repeatedly to the HHC, 926th Engineer Brigade staff from February 2017 until June 2017. b. She was later advised the unit could not process her personnel or pay actions once she deployed to Kuwait/Jordan and she was administratively attached to a different unit, the 673th Engineer Detachment, Fort Meade, Maryland. Both units are subordinate to the 412th TEC. c. In July 2017, she asked the next Unit Administrator (UA) to process the DA Forms 1380. The UA submitted a second separate request for educational credit points in December 2017. She requested the status for both issues on multiple occasions. In response to her request for status in March 2018, the UA advised her that he had submitted the forms twice and had not heard from the U.S. Army Human Resources Command (HRC). d. She then contacted the Retirement Points Branch directly to request status. About a month later HRC informed her that her request had been received and there was a 180-day processing backlog. In July 2017, she again requested a status update from HRC, and she copied the UA onto the email. HRC responded on 25 July 2017 to the UA with a “Returned Without Action (RWOA)” email. She was not a recipient on this email. In that same email, the Reserve Retirement Points Branch determined the "original" forms were incorrectly filled out, listed specific issues, and provided further instructions going forward including the specific instruction to attach the RWOA email to her request for correction of military record application. She received this "RWOA" email for the first time on 20 September 2019. e. When she returned from deployment, she was on leave, then she was transferred to Headquarters, 412th TEC. She began the process of requesting point credit again in December 2018 during her first Battle Assembly and with a different UA. In February 2019, the UA advised her that the forms were rejected because she used the wrong version of the form, and that she needed to use the August 2018 version. On or about April 2019, the UA advised that she had to get signatures from her previous unit, the 926th Engineer Brigade. By this time, the unit had all new leadership. The 926th Engineer Brigade recommended she reach out to someone who was aware of the duty she performed to sign the forms. The forms were finally signed on 5 May 2019. On or about mid-May, she forwarded the forms to the UA for processing. f. The UA submitted the DA Forms 1380 (May 2019 version) on or about June 2019. The forms were again rejected. The UA advised her to “reaccomplish” the DA Forms 1380s on the most current May 2019 version. She mentioned her frustration to a peer assigned to her unit, who offered to review her forms. This individual determined that she did have appropriate certifiers, and certified the May 2019 forms. Those forms were submitted to the UA with a Letter of Lateness on 17 June 2019. g. Throughout June and July 2019 she requested status updates with no forward movement. By early July 2019, the HHC, 412 TEC commander had conveyed to the UA that in order to be paid, she would need to provide her original authorization that approved her rescheduled duty in 2016 and 2017. During August and September, she had unsuccessfully submitted local forms that were unnecessary for the certified duty performed at another unit, unsuccessfully sought HHC, 412th TEC commander’s signatures for the revised form showing the rescheduled training that he asked for, and unsuccessfully attempted to convince the new leadership at the 926th Engineer Brigade to sign another unit's reschedule duty request form. h. By the end of September 2019, she had exhausted all possible options and came full circle. She tried contacting HRC Retirement Points Branch again, despite being told that she was not allowed to contact HRC directly and she must submit issues through her UA and up the chain of command. Such guidance was proven ineffective and problematic. i. On 24 September 2019, she sent the DA Forms 1380 (May 2019 version) with corrections and the updated Letter of Lateness for the HHC, 412th TEC commander’s signature. Several requests for a status later, no resolution. She once again made a comment about her ongoing frustration to the same peer who assisted her in June 2019, and that individual graciously offered to sign all the forms (attached in her supporting documents). j. The applicant requests that the Board accept her explanation and her supporting documents and make a favorable determination. Although field grade officers do not have excuses for not knowing institutional Army processes, at the time of the first attempt to submit a DA Form 1380 for points, she had been an Army Officer for just over three months. k. Considering the large volume of correspondence related to attempts to correct her retirement points, she has provided a list of all the HRC emails sent to her in September 2019. Any additional correspondence will be provided upon request. 2. A review of the applicant’s DA Form 5016 (Chronological Statement of Retirement Points) shows the applicant had previous service: * U.S. Air Force Reserve, enlisted (AFRES) * Air National Guard (ANG) 3. She accepted a U.S. Army Reserve (USAR) commission on 9 November 2015. 4. The applicant provides the following DA Forms 1380 (version as of July 2010). a. These forms show the applicant performed “other training,” except where indicated. This training is coded “N” indicating the performance of Reschedule Training (RST) or “P” indicating Battle Assembly (BA). All forms were signed by Captain (CPT) TS, Engineer Brigade Operations Officer, on 9 February 2017, and one had no signature date: * 29 February 2016 to 18 April 2016, dated 7 July 2016, RST-12 points * 5 July 2016 to 8 July 2016, dated 8 July 2016, appropriate training, RST-5 points * 8 August 2016 to 8 August 2016, dated 8 August 2016, BA-2 points * 1 September 2016 to 20 September 2016, dated 5 January 2017, RST-14 points * 21 September 2016 to 3 November 2016, dated 7 July 2016, RST-12 points * 29 November 2016 to 19 December 2016, dated 6 January 2017, RST-9 points b. These forms show the applicant performed “other training” during the periods listed, and all forms were signed by CPT N, Plans Officer, on 1 June 2017: * 22 December 2016 to 24 January 2017, undated, RST-12 points * 25 January 2017 to 7 February 2017, undated, RST-10 points * 8 February 2017 to 8 March 2017, undated, RST- 12 points * 2 March 2017 to 24 April 2017, undated, RST-12 points * 9 March 2017 to 4 April 2017, undated, RST 12 points * 25 April 2017 to 17 May 2017, undated, RST 12 points c. A DA Form 1380, signed by CPT TS, on 13 August 2018, for the period18 May 2017 to 1 June 2017, undated, RST-10 points. d. A DA Form 1380, signed by CPT N, Plans Officer on 7 June 2017, for the period 2 June 2017 to 7 June 2017, undated, BA-12 points. e. Based on the DA Forms 1380 listed above, the applicant completed RST/BA totaling 136 retirement points (RST-122 points, and BA-14), for the period 29 February 2016 to 7 June 2017. 5. The applicant provided the following DA Forms 1380 (version as of May 2019). a. These forms show the applicant performed “other points only” training, except where indicated, and all forms were signed by Lieutenant Colonel (LTC) B, Logistic Officer, on 24 October 2019: * 29 February 2016 to 29 February 2016, dated 29 February 2016, RST-1 point * 17 March 2016 to 21 March 2016, dated 31 March 2016, RST-5 points * 4 April 2016 to 18 April 2016, dated 30 April 2016, RST-6 points * 5 July 2016 to 8 July 2016, dated 31 July 2017, RST-5 points * 8 August 2016 to 8 August 2016, dated 31 August 2016, BA-2 points * 1 September 2016 to 20 September 2016, dated 30 September 2016, RST-12 points * 21 September 2016 to 28 September 2016, dated 30 September 2016, RST-3 points * 12 October 2016 to 31 October 2016, dated 31 October 2016, RST-6 points * 1 November 2016 to 29 November 2016, dated 30 November 2016, RST-3 points * 1 December 2016 to 23 December 2016, dated 31 December 2016, RST-11 points * 3 January 2017 to 27 January 2017, dated 31 January 2017, RST-12 points * 29 January 2017 to 30 January 2017, dated 31 January 2017, RST-2 points * 1 February 2017 to 27 February 2017, dated 28 February 2017 RST-12 points * 28 February 2017 to 28 February 2017, dated 28 February 2017, RST-1 point * 1 March 2017 to 17 March 2017, dated 31 March 2017, RST-12 points * 20 March 2017 to 30 March 2017, dated 31 March 2017, RST- 6 points b. These forms show the applicant performed “other points only” training, except where indicated, and all forms were signed by LTC B, Logistic Officer, on 18 October 2019: * 1 April 2017 to 26 April 2017, dated 30 April 2017, RST-12 points * 27 April 2017 to 27 April 2017, dated 30 April 2017, RST-1 point * 1 May 2017 to 24 May 2017, dated 31 May 2017, RST-12 points * 25 May 2017 to 31 May 2017, dated 31 May 2017, RST-5 points * 1 June 2017 to 1 June 2017, dated 30 June 2017, RST-1 point * 2 June 2017 to 7 June 2017, dated 30 June 2017, BA-12 points c. Based on the DA Forms 1380 listed above, the applicant RST/BA totaling 132 retirement points (RST-128 and BA-14), for the period 29 February 2016 to 7 June 2017. 6. The applicant’s DA Form 5016, dated 6 April 2021, shows she has a total of 29 years, 1 month, and 5 days, of qualifying service for retirement, and 5422 total retirement points. This form further shows: a. For the anniversary year 8 February 2016 to 7 February 2017, the applicant was awarded 114 total creditable retirement points (45 inactive duty points, 30 extension course points, 15 membership points, and 24 active duty points). b. For the anniversary year 8 February 2017 to 7 February 2018, the applicant was awarded 281 total creditable retirement points (18 inactive duty points, 15 membership points, and 248 active duty points). 7. The applicant provides the following orders issued by the 81st RSC, Fort Jackson, South Carolina. a. Orders Number 074533, dated 4 May 2017, ordered the applicant to active duty for training (ADT) no later than 22 June 2017 for a period of 8 days. The completion of her duty was certified on 2 August 2018. b. Order Number 085837, dated 30 May 2017, which amended Orders Number 074533, listed above, to show a report date of 8 June 2017 for a period of 22 duty days. c. Order Number 101959, dated 30 June 2017, which show the applicant was ordered to annual training on 30 June 2017, for a period of 14 duty days. The applicant signed these orders on 14 July 2017, and the certifying official confirmed the completion of this duty; however, the exact date in 2017 is not legible. d. Orders 17-193-0001, issued by 412th TEC, Vicksburg, Mississippi, dated 12 July 2017. These orders show the applicant was ordered to active duty on 16 July for a period of 351 days. 8. She provides the following additional documents. a. A Letter of Lateness for DA Forms 1380 for the period 2016 to 2017, dated 17 June 2019. This letter is signed by LTC B, Logistic Officer, G-4, Headquarters, 412th TEC, Vicksburg, Mississippi. This official stated the applicant performed duty while assigned to the 926th Engineer Brigade during the calendar year 2016 to 2017. The applicant scanned a copy of each original signed DA Form 1380 into her Interactive Personnel Electronic Management System (IPERMS) record. As of 17 June 2019, her training has not been processed for points and or pay. Further, all of the applicant’s repeated attempts to have the UA process the forms were unsuccessful. The requirement to submit the training on a new version of the DA Form 1380, further contributed to the lateness. b. Several emails for the period 9 March 2018 to 20 September 2019, which show the applicant contacted the Human Resource Division, and Officer Reserve Retirement Points-Leader Development Division-HRC, in regards to updating of her retirement points. She was informed that several DA Forms 1380 had been received; however, there was a 180-day processing backlog. The applicant was also informed that: (1) she must submit future requests through her Troop Program Unit, and not directly to HRC; (2) any courses she completed in another branch would need to be posted on her retirement points statement; (3) HRC could not accept training certificates from another component; (4) she must provide the Army Training Requirements and Resources System (ATRRS) transcripts, or certificates of completion with the date and hours posted on the certificates, for all courses completed from 9 November 2015 to 14 April 2016 while assigned to the USAR; (5) effective 15 April 2016, HRC could no longer process retirement points for coursed completed online; (6) her anniversary year ending (AYE) date was currently established as being from 8 February to 7 February, but that date required verification and a review of her initial contract, dated 4 January 1991, for verification; (7) in order to change her anniversary date to January 2003, she would need to contact the ANG/USAFRES to have her retirement points corrected; (8) her DA Forms 1380 were being RWOA, because the forms appeared to have been recreated and applied to duty she performed 1 to 2 years ago, and the information was posted on the incorrect form; (9) a letter of lateness was required when a DA Form 1380 is not submitted on time, and the form should be the original form from the time period the Soldier performed the duty; (10) the intent of a Letter of Lateness was not to create forms for duty performed 1 to 2 years ago; (11) duty performed on or after April 2016 should be on the current version of the DA Form 1380; (12) only one month per DA Form 1380, multiple months are not permitted on one form; (13) the DA Forms 1380 she submitted contained several administrative errors; and (14) after reviewing ATRRS, and adding missing points for the period 1991 to 1992, her current retirement points had been corrected to show 26 creditable years, and 4597 total retirement points. c. An audit trail that shows the applicant made inquiries and provided documents regarding her retirement points between 20 September 2019 and 21 October 2019. 9. The Chief, Personnel Actions Branch, HRC, is the approval authority for training and retirement point credits. Other than the email provided by the applicant, and detailed in paragraph 7 above, there is no advisory opinion from that agency. However, on 25 March 2021, the Retirement Service Officer (RSO), Headquarters, USARC, provided a favorable advisory opinion. This official stated the USARC had determined that the applicant’s retirement points [as submitted on DA Forms 1380] were valid. The applicant transferred to the USAR on 9 November 2015 from the USAFNG. The applicant performed these duties in good faith as authorized by her command. The RSO recommended that the applicant be granted the maximum allowable inactive duty training points toward retirement for the time period between 2016 to 2017 in accordance with Army Regulation (AR) 140-185 (Training and Retirement Credits and Unit Level Strength Accounting Records), chapter 2, paragraph 2-1a(4). [NOTE: AR 140-185 does not contain a paragraph 2-1a(4,) however, the pertinent portions of paragraph 2-1 will be addressed in the reference section.) 10. The applicant was provided a copy of the advisory opinion on 15 April 2021. She did respond to the advisory opinion. 11. The applicant did not provide supporting documents for training completed during the period 8 February 2016 to 7 June 2017. 12. Regulatory guidance states Nonpaid DA Forms 1380 will not be entered into the Automated Drill Attendance Reporting Software (ADARS), but will be forwarded to AHRC for award of retirement points no later than the end of each duty month. 13. AR 140-1 (Mission, Organization, and Training) states that RST must be requested and approved before the unit training assembly (UTA) or multiple training assembly (MUTA) for which it is substituted. All participants must be identified by name or by their subsections in the approving document. RST will be will be attached to the monthly training schedule. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and the USARC advisory opinion. Based on the advisory determination that the applicant’s retirement points are valid and that she be granted the maximum allowable inactive duty training points toward her retirement, the Board found sufficient evidence for a correction to her retirement points to show inactive duty reported on DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) between 2016 and 2017. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that evidence is sufficient to warrant a recommendation for relief. As a result, the Board recommends the applicant be granted the maximum allowable inactive duty training points toward retirement for the time period, the exact amount of which to be determined by USARC. 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 NOTES: 1. The applicant is a Selected Reserve Soldier who falls under training/pay category "A" in accordance with AR 140-1, Table 3-2. Additionally, in accordance with Army Regulation 140-185, Table 3-2, she was authorized the award of inactive duty training retirement points under rules 1 and 2 of the table as follows- a. Rule 1 applies when the individual attends BA or RST for pay and is a Selected Reserve in the training/pay category A, then the individual will be awarded points under the 4-hour rule (maximum of 8 hours for two per day). b. Rule 2 applies when the individual attends BA or RST in a non-pay status and is a Selected Reserve in the training/pay categories A, then the individual will be awarded points under the 4-hour/8-hour rule. 2. The DD Forms 1380 contain the entries; 0N, 1N, 2N, and 2P. In this case, the numbers indicate the number of points, for example: 0 = no points or less than 4 hours; 1 = 1 point or 4 hours; and 2 = 2 points or 8 hours. Additionally, AR 140-185, Table 3-1 provides - * N - Performance of RST (rescheduled training) * P - Attendance at BA (battle assembly) in an attached status with another USAR unit for 89 days or less. 3. The applicant did not provide supporting documents for training completed during the period 8 February 2016 to 7 June 2017. Partial relief in this case would require the HRC audit the applicant’s record and the supporting documents she provided. Any additional retirement points would be added the he DA Form 5016, provided these points were not previously accounted for on the form. 4. If the Board adopts the favorable advisory opinion, then the Board would have to direct HRC to audit the applicant’s record and add retirement points for the period in question based on the backdated DA Forms 1380 (version as of May 2019) and her supporting documents; provided the points were not previously accounted for on the DA Form 5016. REFERENCES: 1. Army Regulation (AR) 140-1 (Mission, Organization, and Training) prescribes policy on the U.S. Army Reserve mission, its organization, and training. Table 3-2 (Authorized Reserve, Training, and Retirement Categories) provides that Selected Reserve Soldiers- a. trained in units/comprised of individuals in units fall under the training/retirement category Designator "A." b. Category "A" Soldiers are required to complete a minimum of number of 48 Inactive Duty Training (IDT) annually. c. Category "A" Soldiers are required to complete a minimum of 14 days of Annual Training (AT) annually, excluding travel. 2. AR 140-1 furthers states – a. All Rescheduled Training (RST) must be approved before the Unit Training Assemblies (UTA) or Multiple Unit Training Assembly (MUTA) for which it is substituted. All participants must be identified by name or by their subsections in the approving document. b. Individual Soldiers or section leaders may request an RST if there is a training activity that is better accomplished at time, date, and/or location other than the UTA/MUTA. Individual and subsection requests for RST when approved by the commander will be annotated on the training schedule. c. RST will NOT be scheduled for the convenience of the Soldier. However, employment conflicts, overtime, schooling, loss of income, verified medical problems or personal emergencies, may in the judgment of the until commander, justify RST authorization. d. Soldiers are entitled to pay and retirement points for duty performed under the RST training schedule. Both performance and nonperformance of RST must be reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) in accordance with AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). 3. AR 140-185 contains the Army policy for U.S. Army Reserve training and retirement point credit. a. Paragraph 2-1 (Criteria for crediting retirement points) states the limitations on the number of points that may be credited to a Soldier during an anniversary year are— (1) paragraph 2-1a – Maximum 365 (366 during leap year) points. (2) paragraph 2-1b - 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. (3) paragraph 2-1c(4) - Retirement points credited for activities other than active service or funeral honors duty may not exceed 130 retirement points for anniversary years closing on or after 30 October 2007. (4) paragraph 2-1d - A maximum of two retirement points may be awarded in 1 calendar day for any activity or combination of activities. (5) paragraph 2-1e - 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. b. Paragraph 2–3b (Qualification and eligibility for earning retirement points) states All USAR Soldiers are classified into alphabetic training/pay categories (T/PC) for determination of individual requirements for paid Inactive Duty Training (IDT) and AT (see AR 140–1 ((Mission, Organization, and Training)). These categories determine individual status in the RR (Selected Reserve (SELRES), IRR, and the Standby Reserve (active and inactive)). c. Paragraph 2–4 (Criteria for awarding retirement points) states that personnel on active duty, Active Duty for Training (ADT), IADT, involuntary ADT, or AT are awarded one point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. Table 2–3 provides criteria for award of retirement points for IDT performed in accordance with DODI 1215.07 (Service Credit for Non-Regular Retirement) and AR 140–1 (unless another reference is cited). Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points. (1) A maximum of two retirement points may be credited for attendance at unit Battle Assembly (BA) or IDT in any 1 calendar day. (2) Soldiers may not perform more than 48 BAs per fiscal year. Soldiers must perform Rescheduled Training (RST) within 60 days of the missed BA. (3) Four-hour rule. Soldiers earn one point for each scheduled 4-hour period of IDT at BA, RST, Equivalent Training (ET), or Additional Training Assembly (ATA). (4) Four/eight-hour rule. Soldiers earn one point for each 4 hour or greater period. Award of a second point in the same day requires additional hours to bring the day’s total to a minimum of 8 hours. Maximum of two points in 1 calendar day. d. Paragraph 3-3 (DA Form 1380) states the purpose of the DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training) is to record inactive duty training. Nonpaid DA Forms 1380 will not be entered into the Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to AHRC for award of retirement points no later than the end of each duty month. The DA Form 1380 will be scanned into the Soldiers IPERMS by the unit of assignment per AR 600-8-104 (Army Military Human Resource Records Management. e. Table 3-1 (Codes for Codes for Recording appropriate or equivalent instruction or duty on DA Form 1379 or DA Form 1380) provides codes and the corresponding explanation of duty or training performed, as follows, in pertinent part: * N - Performance of RST (rescheduled training) * P - Attendance at BA (battle assembly) in an attached status with another USAR unit for 89 days or less. f. Table 3-2 (Award of inactive duty training retirement points) provides for the award of inactive duty retirement points, as follows, in pertinent part: (1) Rule 1 applies when the individual attends BA or RST for pay and is a Selected Reserve in the training/pay categories A, B, C, M, P, or Q, then the individual will be awarded points under the 4-hour rule (maximum of 8 hours for two per day). (2) Rule 2 applies when the individual attends BA or RST in a non-pay status and is a Selected Reserve in the training/pay categories A, B, C, M, P, or Q, to include Individual Ready Reserve Soldiers attached, then the individual will be awarded points under the 4-hour/8-hour rule. g. Soldiers may not perform more than 48 BA per fiscal year. Soldiers must perform RST within 60 days of the missed BA. 4. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000300 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1