IN THE CASE OF: BOARD DATE: 8 December 2021 DOCKET NUMBER: AR20210006317 APPLICANT REQUESTS: correction of Retirement Points during the periods occurring between 2011 to 2019. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Phone Records * Email communication, dated 12 November 2020 * Memorandum – Subject: Request for Consideration, dated 15 January 2021 * Memorandum – Subject: Letter of Lateness for Points Only, dated 31 January 2021 * Memorandum – Subject: Contributing Life Events, dated 2 February 2021 * Miscellaneous documents FACTS: 1. The applicant states in pertinent part that his retirement point history is incorrect as it does not accurately reflect the service that he performed "for points only" during several periods as reflected on his provided documentation. He contests that the omission of these periods of duty are the result of a high turnover of personnel vested with the responsibility to process personnel actions and update retirement point discrepancies. Prior to seeking Board relief, he submitted several requests for correction through his unit Headquarters, but received little or no response. He has also exhausted the use of the U.S. Army Human Resources Command (HRC). He notes that once he identified and reported the discrepancies, he was advised that it was too late; he was unaware of the regulatory provisions pertaining to retirement points at the time. He adds that the oversight was also related to exceptional family hardships, outside the norm, over the preceding 9 years. 2. A review of the applicant's available service records reflects the following: a. After previously serving as an enlisted Soldier, the applicant was appointed a Reserve commission on 9 May 1998 and immediately ordered to active duty. b. On 10 May 2006, the applicant was discharged from the Regular Army under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), Paragraph 3-5 (Unqualified Resignation – Miscellaneous/General Reasons). c. On 21 September 2006, the applicant was again appointed a Reserve commission. d. On 18 September 2008, HRC issued Orders Number C-09-816587 reassigning the applicant from the Stand-By Reserve (Active List) to the USAR Control Group (Reinforcement). e. On 17 October 2008, HRC issued Orders Number C-10-818002 reassigning the applicant from the USAR Control Group (Reinforcement) to a Troop Program Unit (TPU). f. On 18 April 2011, Headquarters, 63rd Regional Support Command issued Orders Number 11-108-00006 voluntarily reassigning the applicant from a TPU to the USAR Control Group (Reinforcement) effective 18 May 2011. g. On 26 December 2012, HRC issued Orders Number C-12-218573 voluntarily reassigning the applicant from the USAR Control Group (Reinforcement) to the Defense Logistics Agency (DLA) - Florida effective 18 October 2012. 3. The applicant provides the following a: a. DA Form 1380, dated 12 April 2013, reflective of active duty performed by the applicant on 25 August 2012, 15 March 2013 and 11 May 2013 (8 hours each day). Item 9 indicates that the duty performed during these periods was for "points only". However, item 9c. (Retirement Points) is coded "P" indicating that this duty was performed in an inactive duty status with entitlement to pay. b. DA Form 1380, dated 15 April 2014, reflective of active duty performed by the applicant on 15 October 2013, 10 December 2013 and 12 March 2014. Item 9b. (Hours) is void of the duration of the duty performed (4 or 8 hours each day). Item 9 indicates that "other" duty was performed during these periods. Item 9c. (Retirement Points) is coded "P" indicating that this duty was performed in an inactive duty status with entitlement to pay. c. DA Form 1380, dated 5 June 2020, reflective of active duty performed by the applicant on 11 September , 9 October, 30 October, 3-4 November and 13 December 2018. The document also reflects active duty performed on 15 January 2019. Item 9b. (Hours) is void of the duration of the duty performed (4 or 8 hours each day). Item 9 indicates that "other" duty was performed during these periods. However, item 9c. (Retirement Points) is coded "P" indicating that this duty was performed in an inactive duty status with entitlement to pay. d. DA Form 1380, dated 5 June 2020, reflective of active duty performed by the applicant on 14 December 2017, 23 January, 6 February, 21 February, 3 April, 12 June, 9 July and 14 August 2018. Item 9b. (Hours) is void of the duration of the duty performed (4 or 8 hours each day). Item 9 indicates that "other" duty was performed during these periods. However, item 9c. (Retirement Points) is coded "P" indicating that this duty was performed in an inactive duty status with entitlement to pay. e. Phone records reflective of the applicant's call log for varying periods (August 2012 – May 2013, October 2013 – March 2014 and December 2017 – August 2019. The applicant indicates that he made a total of 30 phone calls during this period. He further provides that his commander authorized "2" retirement points per conference call which by his count, would total "54" retirement points. f. Email communication, dated 12 November 2020, reflective of communication from HRC concerning the applicant's submitted request for the correction of his retirement points. Mr. W_, Human Resources Assistant, HRC Life Cycle Management Team advised that the applicant's submitted DA Forms 1380 were being returned without action due errors and noncompliance with the governing regulation (Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), Paragraph 3-3 wherein it provides that "nonpaid DA Form 1380(s) will be forwarded to HRC for award of retirement points no later than the end of each duty month." g. Memorandum – Subject: Request for Consideration, dated 15 January 2021, reflective of the applicant's request for award of 1 retirement point for the period between 21 May 2009 -20 May 2010 resulting in a total of 50 retirement points for that year. He cites that this must be a clerical/administrative error. h. Memorandum – Subject: Letter of Lateness for Points Only, dated 31 January 2021, reflective of the Commander, DLA submitted request for award of retirement points to the applicant for the periods being requested. He cites that the delay in submission was due to a high personnel turnover. He further provides that a total of "54 retirement points" should be awarded to the applicant covering varying periods from 25 August 2012 – 15 January 2019; 2 points per day (19 days) and 8 points per day (2 days). i. Memorandum – Subject: Contributing Life Events, dated 2 February 2021, reflective of the applicant's submitted justification for why he failed to monitor his retirement points during these periods. He highlights his divorce in 2009 and the requirement to care for his son with a diagnosed disorder (schizophrenia and bi-polar disorder) and elderly mother who suffered from dementia and lung cancer prior to her passing in June 2020, as major contributing factors. j. Miscellaneous documents reflective of arrest records and Social Security Administration Functional Report related to his son and a provided obituary pertaining to his mother. The applicant also provides his Biography/Resume reflective of previous assignments, military/civilian education, awards etc. 4. The applicant's most recent DA Form 5016 (Chronological Statement of Retirement Points), dated 23 November 2021, reflects a total of 18 qualifying years for retirement. Since being appointed a Reserve commission in 2006, the applicant has only obtained 2 qualifying years towards retirement. 5. On 20 September 2021, the Chief, Personnel Actions Branch, HRC provided an advisory opinion reference the applicant's request for award of retirement points for duties performed in calendar years 2012 (2 points), 2013 (8 points), 2014 (2 points), 2017 (2 points), 2018 (38 points) and in 2019 (2 points). HRC is unable to process DA Form 1380(s) without an Army Review Boards Agency directive. Further, AR 140-185, para 3-3, provides that nonpaid DA Forms 1380 will not be entered into the 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. Additionally, the data provided by the applicant was not in the correct version of the DA Form 1380, contained multiple errors and were not the original documents submitted. Further, the forms were coded for pay and not for nonpaid retirement points. Lastly, the applicant was assigned to the Individual Ready Reserve (IRR) from 18 May 2011 until October 2012, therefore he was not authorized nonpaid retirement points for the period requested in August 2012. The applicant must be assigned or attached to a unit in order to earn nonpaid retirement points. Therefore, the applicant's submitted documents were not in accordance with the governing reference. 6. On 17 November 2021, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 6 December 2021, the applicant had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, Human Resource Command (HRC) advisory opinion and regulatory guidance. The Board considered the applicant’s statement, his record of service and documents provided by the applicant. The Board concurred with the advisory opinion finding the applicant was assigned to the Individual Ready Reserve (IRR) from 18 May 2011 until October 2012, therefore he was not authorized nonpaid retirement points for the period requested in August 2012. However, the applicant's DA Form 5016 (Chronological Statement of Retirement Points), dated 23 November 2021, reflects a total of 18 qualifying years for retirement. The Board found sufficient evidence to support a correction of his record to show accurate recordation for award of retirement points for duties performed in calendar years: 2013 (8 points), 2014 (2 points), 2017 (2 points), 2018 (38 points) and in 2019 (2 points). Therefore, the Board granted partial relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XXX XXX XX 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 to show the applicant earn retirement points for the periods: 2013 (8 points), 2014 (2 points), 2017 (2 points), 2018 (38 points) and in 2019 (2 points) 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 retirement points for the period of 18 May 2011 until October 2012. 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 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. a. Paragraph 1-6 (Eligibility) provides that retirement point credit is not authorized for members of the Reserve Component in an inactive status. b. 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. c. Nonpaid DA Forms 1380 will not be entered into ADARS and will be forwarded to HRC for award of retirement points no later than the end of each duty month. d. 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. e. 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 9c 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. f. 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, not attached to a unit are prohibited from performing IDT. 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. Army Regulation 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// ABCMR Record of Proceedings (cont) AR20210006317 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1