IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210007360 APPLICANT REQUESTS: correction of her Retirement Points for Anniversary Year Ending (AYE) 2019-2020. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: DA Form 1380 (Record of Individual Performance of Reserve Duty Training) Returned Without Action, dated 2 December 2020 * DA Forms 1380, dated 10 June 2019 and 17 October 2019 * DA Form 5016 (Chronological Statement of Retirement Points) FACTS: 1. The applicant states the DA Forms 1380 were not processed timely. Due to an understaffing at the time, and multiple staff changes, the actions were discovered months later. 2. A review of the applicant's service records shows the following: a. On 31 July 1998, the applicant enlisted in the U.S. Army Reserve (USAR). b. On 15 October 2004, Orders Number R-10--477664, issued by the U.S. Army Human Resources Command (HRC), ordered the applicant to active duty in Active Guard/Reserve (AGR) status with a report date of 12 November 2015 to the 405th Combat Support Hospital. c. On 15 December 2010, the applicant was honorably separated from AGR duty. She completed 6 years, 1 month, and 10 days of net active service. d. On 8 January 2011, after a break in service, the applicant enlisted in the Army National Guard (ARNG). e. On 2 July 2012, the applicant was discharged from the ARNG and transferred to USAR Control Group (Reinforcement), Fort Knox KY. f. On 5 September 2014, Orders Number C-09-412430, issued by HRC, released the applicant from the USAR Control Group (Reinforcement) and assigned her to the 804th Medical Brigade, effective 14 July 2014. g. The applicant is currently assigned in the USAR. h. DA Form 5016 (Chronological Statement of Retirement Points), dated 20 October 2021, shows for anniversary year beginning on 8 January 2019 and ending on 7 January 2020, 33 Inactive Duty (IDT) points and 15 membership points, for a total of 48 creditable points. 3. The applicant provides: a. Memorandum from the U.S. Army Human Resources Command (HRC), dated 2 December 2020, wherein the applicant's Commander was notified the DA Forms 1380 were returned without action because 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 no later than the end of each month. Therefore, a digital signature date that exceeds the end of the duty month will not be in compliance with AR 140-185 and should be sent to be considered by the Board. b. Copies of the DA Forms 1380 which shows the following: (1) 10 June 2019, signed on 25 November 2020, for a total of 4 hours, N1 (not paid, 1 retirement point), "performed administrative tasks in support of Troop Program Unit (TPU) activities for points only in West Hartford, CT." (2) 17 October 2019, 4 hours, N1, "performed administrative tasks in support of TPU activities for points only in West Hartford, CT." c. DA Form 5016, dated 16 November 2020, which shows for the anniversary year beginning on 8 January 2019 and ending on 7 January 2020; 26 IDT points and 15 membership points, for a total of 41 creditable points. It further reflects the applicant had 18 years, 10 months, and 13 days of qualifying service for retired pay. BOARD DISCUSSION: After reviewing the application, all supporting documents and evidence found within the record, the Board determined the evidence presented sufficient to warrant a recommendation for relief. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed all supporting documentation. Based on the preponderance of evidence Board determined the evidence presented sufficient to warrant a recommendation for relief BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she submitted properly constituted DA Forms 1380 for the periods ending * 10 June 2019 * 17 October 2019 and as such correct her Retirement Points for Anniversary Year Ending (AYE) 2019-2020 in order to make her record whole when computing retirement point credit. 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. REFERENCE: AR 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) Soldiers. a. It further 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 Reserve Component. The month and day for each successive anniversary year will not be adjusted unless the Servicemember has a break in service. A break in service occurs only when a member transfers to an inactive status list, the inactive National Guard, a temporary disability retired list, the Retired Reserve, or is discharged for longer than 24 hours. There will not be a break in service if the Servicemember transfers directly to another active component or Reserve Component. b. Paragraph 3-3 (DA Form 1380) provides that a DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training with their unit subsequent to the scheduled battle assembly. TPU units will retain one copy of the DA Form 1380 to post the appropriate entry into ADARS for the month's report and then place in the appropriate Army records information management system file. 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. DA Form 1380 will be scanned into the Soldier's personnel records by the unit of assignment. c. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007360 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1