IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20210015117 APPLICANT REQUESTS: correction of his DA Form 5016 (Chronological Statement of Retirement Points) to add duty performed on 18 February 2014 and 20 June 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 349th Combat Support Hospital (CSH) (Forward) Memorandum for Record, Subject: Letter of Lateness for First Lieutenant (1LT) (the applicant) – Retirement Points, dated 10 May 2019 * E-mail, dated 11 May 2019, from Captain (CPT) * E-mail, dated 7 August 2019, with CPT * DD Form 214 (Certificate of Release or Discharge from Active Duty) service ending 15 March 2020 * E-mail, dated 9 March 2021 from the U.S. Army Human Resources Command (HRC) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) for duty performed on 18 February 2014 * DA Form 1380 for duty performed on 20 June 2015 * DA Form 5016, dated 21 September 2021 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 in effect, his DA Form 5016 currently shows he obtained 49 points for years from 1 June 2013 through 31 May 2014 and 1 June 2015 through 31 May 2016. This should be corrected to reflect the additional points as shown on the DA Forms 1380, which he provided. The DA Forms 1380 have been signed by the company commander at the time the duty was performed. His unit of assignment did not process the DA Forms 1380 in a timely fashion. The correction was submitted through his previous unit of assignment; however, no action was reported. He requests the Board approve his request for the correction of his DA Form 5016 to reflect the duty he performed on 18 February 2014 and 20 June 2015. 3. A review of the applicant's service record shows: a. The applicant enlisted in the U.S. Army Reserve (USAR) on 1 June 2010. b. The applicant was ordered to Active Duty for Training (ADT) on 28 September 2010. He was honorably released from active duty on 25 May 2012 and assigned to the 349th General Hospital. DD Form 214 shows the applicant completed 1- year, 7-months, and 28-days of active service. c. The applicant reenlisted in the USAR on 8 November 2013 and assigned to the USAR Control Group (Reserve Officers' Training Corps (ROTC)). The applicant completed the DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) for a 3-year scholarship for full tuition and fees. Part II p Agreement of Scholarship Cadet Contracting in the Senior ROTC Program. As a condition for membership in the Army ROTC Program, the applicant agreed to enlist in the Reserve component of the U.S. Army with assignment to the USAR Control Group (ROTC) for a period prescribed by the Secretary of the Army. d. On 21 July 2015, Orders Number CC-5202-00288, issued by Headquarters (HQs), U.S. Army Cadet Command (USACC) and Fort Knox, the applicant was ordered to ADT for professional development effective 17 June 2015 for 22-days. e. On 21 July 2015, Orders Number CC-5202-00289, issued by USACC, the applicant was ordered to ADT for professional development with a report date of 10 July 2015 for a period of 22 days. f. On 9 June 2016, Orders Number 161-06, issued by the , the applicant was discharged from the USAR Control Group (ROTC), effective 11 June 2016. g. The applicant completed his oath of office on 12 June 2016 and was appointed a Reserve commissioned officer. h. On 24 June 2016, Orders Number C-06-608624, issued by the U.S. Army HRC, the applicant was assigned to the USAR Troop Program Unit (TPU), 311th Regiment, 2nd Battalion (Training Support) for appointment, effective 12 June 2016. i. On 1 August 2016, Orders Number T-08-607666, issued by the U.S. Army HRC, the applicant was ordered to ADT to attend the Medical Service Basic Officer Leader Course, effective 28 August 2016. j. The applicant was honorably released from active duty on 4 November 2016. DD Form 214 shows the applicant completed 2-months and 7-days of active service. 4. The applicant provides: a. 349th CSH (Forward), Memorandum for Record, Subject: Letter of Lateness for 1LT (the applicant) – Retirement Points, dated 10 May 2019, states the applicant previously known as Specialist (SPC) A- H- provided unit training and administrative support to Alpha Company, 349th CSH on 18 February 2014 and 20 June 2015. Due to operational tempo and full-time support transitions during those periods, did not permit the completion of the required pay actions. Signed by CPT , who was the commander of Alpha Company, 349th CSH at the time the applicant performed the duty. b. E-mail from CPT , dated 11 May 2019, stated he signed the documents in which the applicant requested regarding retirement points. c. E-mail during the period of 18 June 2019 through 7 August 2019 wherein the applicant corresponded with CPT pertaining to updating his retirement points. d. E-mail, dated 9 March 2021, from the U.S. Army HRC, stated the DA Form 1380 for the applicant was returned without action (along with a check list of the reasons) due to the following reasons: * DA Form 1380 was incomplete or incorrect; dated signed must be after duty performed, but no later than the end of the duty month * DA Form 1380 forwarded to HRC no later than the end of the duty month * Anniversary year ending date was blank, in correct, or not legible e. DA Form 1380 dated 25 March 2021 which shows the applicant performed 8- hours of unit training and administrative support for points only on 18 February 2014, signed by Major (MAJ) on 25 March 2021. f. DA Form 1380 dated 25 March 2021, which shows the applicant performed 8- hours of unit training and administrative support for points only on 20 June 2015, signed by MAJ on 25 March 2021. g. DA Form 5016 dated 21 September 2021, which shows the applicant obtained during the years of: * 1 June 2013 through 31 May 2014; 32 – Inactive Duty (IDT) points, 15 – memberships points, 2 – active duty points for a total of 49 creditable points * 1 June 2015 through 31 May 2016; 34 – IDT points, 15 – memberships points, for a total of 49 creditable points 5. On 18 April 2022, in the processing of this case, HRC provided an advisory opinion regarding the applicant's request for credit of non-paid retirement points for duty performed 18 February 2014 and 20 June 2015. The advisory official stated the DA Form 1380 for points only could not be processed without the direction of the Board. Army Regulation (AR) 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records), paragraph 3-3 required DA Forms 1380 for non-paid duty be forwarded to the U.S. Army HRC for award of retirement points no later than the end of each duty month. The documents were not submitted in accordance with regulatory guidance and was returned without action for non-compliance. 6. On 19 April 2022, the Army Review Boards Agency, Case Management Division, provided the applicant a copy of the advisory opinion for review and comment, the applicant did not respond. 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 unit. 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 the contested DA Forms 1380 were turned in to HRC in a timely manner, and that they were properly considered, in which HRC will determine the appropriate amount of service credit to add to his record. 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. AR 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records), contains Army policy for USAR training and retirement point credit. It also prescribes guidance for USAR unit level strength accounting. a. Paragraph 1-3, only Ready Reserve Soldiers (other than ROTC and Delayed Entry Control Group Soldiers) and Active Standby Reserve are authorized retirement point credit. As an exception to the above exclusion of ROTC service, potential participants in the ROTC. Simultaneous Membership Program (SMP) (Those not enrolled in the Advanced ROTC Course) are authorized retirement points credit and to be paid for drills in the grade and years of service attained. b. Paragraph 2-2 (Criteria for earning retirement points), retirement points may be earned by USAR 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. c. Paragraph 2-3 (Qualification and eligibility for earning retirement points) all active duty and IDT must be preapproved by the unit of assignment/attachment prior to the duty performance. d. Paragraph 3-1, Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Re-lease or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), master military pay account, DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points. Units of assignment are responsible to ensure source documents are uploaded into iPERMS prior to submission of action to adjust a Soldier's retirement points. This will ensure proper validation of retirement points throughout a Soldier's career. e. Paragraph 3–2 (DA Form 1379 (RCS AG 534) and DA Form 1379–SG (U.S. Army Reserve Components Unit Record of Reserve Training)), a. Use. This is either a Standard Installation/Division Personnel System-USAR output roster (utilized prior to automation), an automated unit commander's pay management report or TAPDB–R output roster (utilized by nonpaid individual mobilization augmentation (IMA) detachments) listing Soldiers attached to IMA detachments. It contains personnel data on each Soldier and is used as follows: * To record IDT paid and nonpaid drill attendance/status for assigned and attached personnel * As a source document to verify accuracy of monthly unit payrolls under the defense joint uniform military pay system by authorized inspecting and verifying personnel * As a permanent record of retirement points earned * As a basic report for reflecting unit performance and constructive attendance * As a historical record of unit training * For AT attendance * By IMA detachments to record authorized training of attached non-unit Soldier * To determine eligibility for benefits if injury or death is incurred while in training Non-unit Soldiers (attached to IMA detachments). Forward original to Commander, HRC within 30 days after reporting month. f. Paragraph 3–3 (DA Form 1380), (a) the purpose of this form is to record IDT 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 per AR 140–10. Only attached Soldiers are authorized to perform IDT except for one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Note: Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 for those units. Non-unit Soldiers performing other inactive duty training for retirement point credit as outlined in table 2–3. b. DA Form 1380 will be prepared for a unit Soldier who performs ET or additional training with their unit subsequent to the scheduled BA. 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. Non-paid 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 iPERMS by the unit of assignment per AR 600– 8–104. 3. Department of Defense Instruction 1215.07 (Service Credit for Non-Regular Retirement), establishes policy, assigns responsibilities, prescribes procedures, and establishes requirements for crediting active and Reserve service for non-regular retirement in accordance with Chapter 1223 of Title 10, United States Code, Paragraph 3.4b (Retirement Point Credit by Activity), (Inactive Duty Service), credit inactive duty service as follows: (1) One retirement point for each attendance at an inactive duty training (IDT) period or period of equivalent instruction. The Secretary concerned or the Commandant of the Coast Guard must prescribe the IDT periods or periods of equivalent instruction for that year, and the must conform to the requirements prescribed by law, including attendance by a member of the National Guard at required IDT periods. (2) One retirement point for each attendance at a period of equivalent training. (3) a maximum of two retirement points for attendance at IDT periods, or equivalent training, in any 1 calendar day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015117 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1