ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 August 2021 DOCKET NUMBER: AR20210005191 APPLICANT REQUESTS: correction of his record to show: * he was awarded an active duty retirement point for 24 February 2003 * retirement points for the period October 2012 – June 2013 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 23 August 2020 * DD Form 149, dated 25 September 2020 * Orders Number M-01-300629, dated 16 January 2003 * Airline ticket and cab receipt * Hotel receipt * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 February 2004 * U.S. Army Human Resources Command (HRC) letter, dated 23 August 2020 * DA Form 1380 (Record of Individual Performance od Reserve Duty Training) FACTS: 1. The applicant states he is missing a day of active duty/retirement point for a mobilization February 2003 to January 2004 (Orders Number M-01-300629 dated 16 January 2003). His mandatory report date was 23-25 February 2003 to Fort Sill, OK. He elected to leave on 24 February but while en route there was a snowstorm in Dallas- Fort Worth, TX which grounded him until the following day. He was provided a weather delay by the airline (attached) and a hotel for the night (receipt attached). He arrived at Fort Sill the following day (25 February 2003) and ultimately completed his mobilization. He did not notice that Fort Sill counted his arrival date as the date he started his active duty mobilization until 13 years later when he was doing a records review for the Major board and discovered it. Fortunately, he had saved copies of his documentation. He went through his Reserve Personnel Action Center to correct this and they were unable to without a leave and earnings statement. He contacted the Defense Finance and Accounting Service and the statute of limitation for back pay had expired. He was advised the only way to correct this error was to go through this Board. He suspects because Fort Sill was processing many Soldiers at that time, it was a simple admin error. He arrived on 25 February 2003 so that was what was recorded as his first day of active duty. 2. A review of the applicant's official records shows: a. On 28 August 1998, having had prior enlisted service in the Regular Army, the applicant enlisted in the U.S. Army Reserves (USAR). b. On 16 January 2003, Orders Number M-01-300629, issued by the USAR Personnel Command, ordered the applicant to active duty for a period of 365 days with a report date no earlier than 23 February 2003, but no later than 25 February 2003, with duty at Fort Sill. c. On 14 January 2004, Orders Number 014-2225, issued by Headquarters, United States Infantry Center, released the applicant from active duty and reassigned him to the USAR Control Group (Reinforcement). These orders show place entered active duty as Fort Sill. d. On 10 June 2008, the applicant was appointed as a Reserve commissioned office and executed an oath of office. He remains in the USAR. e. DA Form 5016 (Chronological Statement of Retirement Points) shows for the retirement year: * beginning on 28 August 2002 and ending on 27 August 2003; 1 Inactive Duty (IDT) points, 15 membership points, and 184 active duty points * beginning on 28 August 2012 and ending on 27 August 2013; 49 IDT points, 15 membership points, and 32 active duty points 3. The applicant provides: a. Airline ticket for the applicant showing a travel date of 24 February 2003 departing Dallas, Fort Worth, TX, and arriving at Lawton, OK. A subsequent issued ticket shows a departure from Dallas, Fort Worth to Lawton, OK on 25 February 2003. b. Cab receipt showing a fare of $17.00 on 24 February 2003. c. Hotel receipt showing an arrival date if 24 February 2003 and a departure date of 25 February 2003. d. HRC letter, dated 23 August 2020 wherein HRC rejected the submitted DA Forms 1380 due to date prepared block is blank, incorrect, not legible, or timely (late). Date entered must be on or after the last duty date performed but no later than the end of the duty month. Per Army 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. DA Forms 1380 not in compliance with the aforementioned regulation. Incorrect DA Form 1380 (Present edition is May 2019). e. DA Forms 1380 showing the following: * 15 and 29 October 2012 – Unit conference call, evaluations, S-1 and executive officer duties * 12 and 26 November 2012 - Unit conference call, evaluations, S-1 and executive officer duties * 8 and 22 December 2012 - Unit conference call, evaluations, S-1 and executive officer duties * 12 and 26 January 2013 - Unit conference call, evaluations, S-1 and executive officer duties * 11 and 25 February 2013 - Unit conference call, evaluations, S-1 and executive officer duties * 17 and 31 March 2013 - Unit conference call, evaluations, S-1 and executive officer duties * 14 and 28 April 2013 - Unit conference call, evaluations, S-1 and executive officer duties * 16 and 23 May 2013 - Unit conference call, evaluations, S-1 and executive officer duties * 6 and 20 June 2013 - Unit conference call, evaluations, S-1 and executive officer duties BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board agreed the applicant’s request should be accepted by HRC, as a record correction, to ensure his request is properly considered to award service 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 submitted properly constituted DA Forms 1380, in a timely manner, to the appropriate HRC office for service credit consideration. 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 awarding service credit without consideration by HRC. . 12/16/2021 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. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) Chapter 2, Paragraph 2-14 (Criteria for Awarding Retirement Points) provides that personnel on active duty, Active Duty Training (ADT), Inactive Duty Training (IADT), involuntary ADT, or Annual Training (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. A maximum of two retirement points may be credited for attendance at unit Battle Assemblies (BA) or IDT in any 1 calendar day. Approved electronic-based distributed learning (EBDL) courses will be awarded to members of the SELRES (TPU). Subject to available funding, and as pre- approved, Soldiers may earn one retirement point and be paid for one Inactive Duty Training (IDT) for every 8 hours of distance learning completed. a. Paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record IDT performed by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR TPUs, ARNG units, or to another service or component for training. Only attached Soldiers are authorized to perform IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) for those units. b. Nonpaid DA Forms 1380 will not be entered into Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. c. With regard to awarding of retirement points for IDT (Four-Hour Rule), Service Members will be awarded one point for each 4-hour period of IDT duty performed. Maximum of two points per calendar day applies to IDT duty. Duty must be 8 hours in duration to receive two points per day. d. Paragraph 3-3b, provides that a DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training. The code "P" or "N" will be entered in item 10c before the retirement point credit. The code "P" indicates the Soldier is entitled to inactive duty pay for the duties performed; the code "N" indicates the Soldier is entitled to retirement point credit only. 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. AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources Command will update the DA Form 5016 for USAR Soldiers annually at the end of their Annual Year (AY) and place it into their on-line record at http://www.hrc.army.mil for their review. Soldiers will review their retirement point statement annually and provide supporting documents to correct any deficiencies through their chain of command to HRC in accordance with AR 140–185. When local records available in Reserve units or in the Soldier’s military records do not conclusively establish the Soldier’s creditable service and completion of 20 years qualifying service, or mandatory removal from active status, other than through elimination action or age, is imminent; commanders will request DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) to verify the doubtful period(s). Discharged Soldiers with no military service obligation will receive an updated DA Form 5016 if a request is received with supporting documents and an account is already established in the Retirement Point Accounting. //NOTHING FOLLOWS//