IN THE CASE OF: 

		BOARD DATE:  25 February 2022

		DOCKET NUMBER: AR20210008949


APPLICANT REQUESTS: correction of his record to show he was awarded retirement 
points for the period:

*	10, 17, and 24 January 2013
*	6, 15, 21, and 28 February 2013
*	5 and 14 March 2013

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum, Subject: Letter of Lateness for the applicant Retirement Points, 
dated 14 August 2020
*	DA Forms 1380 (Record of Individual Performance of Reserve Duty Training)
*	Subject: DA Form 1380 Returned without Action, dated 24 February 2022

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he spent time outside of the military time doing military duty as 
a company commander. He requested retirement points and has been told he needed 
to apply to the Board. He would say the records are incomplete. It is unjust to expect 
anyone to work without compensation. When he applied for retirement points, they were 
always kicked back. Now, because of this, he will lose a year. This will really cause a 
hardship because he started in the military at age . During this time administrative 
help was difficult to get. That is still the case. They fill out forms, submit, then 3 months 
or so later they are returned for correction. He moved from  to  during this time.
By the time forms had been declined he was out of the State. 

3.  A review of the applicant's official records shows the following:

	a.  On 19 August 2005, the applicant was appointed as a Reserve commissioned 
and executed an oath of office.

	b.  DA Form 5016 (Chronological Statement of Retirement Points) shows for 
retirement year beginning on 28 December 2012 and ending on 27 December 2013, the 
applicant earned 31 Inactive Duty (IDT) points, 15 membership points, totaling 46 
points. And for retirement year beginning on 28 December 2013 and ending on 
27 December 2014, the applicant earned 59 IDT points, 15 membership points, and 36 
active duty points, totaling 110 points.

	c.  The applicant remains in the USAR.

4.  The applicant provides:

	a.  Memorandum, Subject: Letter of Lateness for the applicant Retirement Points 
showing the applicant's commander requested the applicant's late submission of 
retirement points be accepted. 

	b.  DA Forms 1380, dated 1 March 2020, showing the following:

		(1)  10, 17, and 24 January 2013; 4 hours each day; N1; signing documents and 
preparing for training. Totaling 12 hours.

		(2)  6, 15, 21, and 28 February 2013; 4 hours each day; N1; signing documents, 
preparing for Battle Assembly (BA) and preparing for training. Totaling 16 hours.

		(3)  5 and 14 March 2013; 4 hours each day; N1; signing documents, preparing 
for BA, and preparing for training. Totaling 8 hours.

	c.  Each DA Form 1380 is endorsed by Lieutenant Colonel  on 8 March 2020.

	d.  Memorandum, Subject: DA Form 1380 Returned without Action wherein the U.S. 
Army Human Resources Command returned the applicant's DA Forms 1380 for the not 
being submitted by the end of the month in which the duty was performed, nature of 
duties was blank, inaccurate or illegible.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant's 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board agreed regulatory guidance provides the suspense to turn in the DA Form 1380.  
However, the Board determined HRC should consider his significant amount of service 
credit validated by his battalion commander.

2. 
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 is 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 he completed 
DA Forms 1380 and they were forwarded to HRC in a timely manner meeting 
submission timelines for consideration.  HRC will determine the appropriate amount of 
credit because of this correction.  


		  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level 
Strength Accounting Records):

	a.  Paragraph 2-2 (Criteria for earning retirement points) states retirement points 
may be earned by U.S. Army Reserve 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), voluntary IDT, annual training (AT), IDT, 
membership points, and for other activities specified in this regulation. 

*	Four-hour rule; Soldiers earn one point for each scheduled 4-hour period of 
IDT at Battle Assembly, Rescheduled Training (RST), Equivalent Training, or 
Additional Training Assemblies
*	Two-hour rule; Soldiers earn one point for each IDT period per day for funeral 
honors duty with a maximum of one point per calendar day
*	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 for a maximum of two points in 1 
calendar day

	b.  Paragraph 3-3 (DA Form 1380) states 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.  Table 3-1 provides that the code "N" will be entered for RST. The code "N" 
indicates the Soldier is entitled to retirement point credit only.

3.  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 or equivalent training, in any 1 calendar day. The Service member's 
participation is without payment other than the pay to which the Service member is 
entitled as a Reserve Component member. Credit no more than one retirement point for 
fewer than 8 hours.
//NOTHING FOLLOWS//