IN THE CASE OF: BOARD DATE: 7 September 2022 DOCKET NUMBER: AR20210016798 APPLICANT REQUESTS: in effect, correction of his DA Form 5016 (Chronological Statement of Retirement Points) to show he was awarded retirement points only (nonpaid) for inactive duty training (IDT) completed during Fiscal Year 2017 (FY 17). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Various Electronic Mail Messages, April 2018 to October 2021 * three DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), 20 October 2017, 26 November 2017, and 26 December 2017 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 three of his DA Forms 1380 were never processed during FY 17. The loss of the retirement points reflected on these DA Forms 1380 resulted in him not receiving the required number of points for credit for a "good year" of service. He originally submitted the DA Forms 1380 for signature to his unit Training Noncommissioned Officer in Charge (NCOIC). However, due to his deployment to Korea, the forms were rerouted to the unit Training NCOIC after the realization that they had never been signed. The Training NCOIC then adjusted the DA Forms 1380 incorrectly to what he thought was a retirement points-only code. When these were submitted to the U.S. Army Human Resources Command (HRC), they were rejected for incorrect coding. This rejection went unnoticed due to a lack of notification by his personnel office and him changing units. Almost a year passed before he realized these retirement points were never added to his records, resulting in a "bad year" for FY 17. He has made multiple attempts to resubmit these DA Forms 1380, resulting in rejection for no letter of lateness, the use of an outdated version of the DA Form 1380, and the size of the digital submission being too large to be opened by HRC. After his third attempt, he again changed units and attempted to resubmit for retirement point credit but was rejected due to being grossly overdue in the submission window. 3. Following enlisted service in the Army National Guard, the applicant was appointed as a Reserve commissioned officer and entered active duty on 5 May 2005. He was appointed as a Regular Army commissioned officer on or about 10 June 2005. 4. He was honorably discharged from the Regular Army on 1 April 2010 and appointed as a captain in the U.S. Army Reserve (USAR) on 2 April 2010. 5. He submitted numerous email messages between him, his unit personnel office, and HRC noting the incorrect and lateness of his DA Forms 1380. An HRC email (Reply: Retirement Point Assistance (Applicant)), 25 October 2021, states the DA Forms 1380 cannot be recreated or turned in extremely late for past duty. HRC noted he could submit a request to this Board for correction of his military records. 6. He also submitted three DA Forms 1380, 20 October 2017, 26 November 2017, and 26 December 2017, for establishment of retirement points only (nonpaid) for performance of unspecified command duties at his home during those periods. 7. He was promoted to lieutenant colonel/O-5 effective 23 April 2020. 8. His records contain a DA Form 5016, 31 August 2020, that shows he was not awarded sufficient creditable retirement points for a qualifying year (i.e., "good year") for the anniversary year beginning 7 March 2017 and ending 6 March 2018. 9. In connection with the processing of this case, an advisory opinion was obtained on 15 July 2022 from the Chief, Operations and Readiness Division, HRC, wherein he stated: This memorandum is in response to your request dated 6 June 2022 on behalf of [Applicant] is requesting the accreditation of nonpaid retirement points for duty performed in October through December 2017. The United States Army Human Resources Command (AHRC) reviewed the application. Army Regulation (AR) 140-185, para[graph] 3-3, Training and Retirement Point Credits and Unit Level Strength Accounting Records, requires that nonpaid DA Forms 1380 be forwarded to AHRC for award of retirement points no later than the end of each duty month. The DA Form 1380s were prepared and submitted to HRC in July 2019 for duty performed between October and December 2017; this submission was not in accordance with regulatory guidance and was returned without action for noncompliance. This office cannot process the DA Forms 1380 for points without direction from the Army Review Boards Agency.? 10. The applicant was provided a copy of the advisory opinion on or about 20 July 2022 for review and an opportunity to comment and/or submit a rebuttal. He did not respond. 11. He is currently serving in the rank/grade of lieutenant colonel/O-5 with the 7th Psychological Operations Group, USAR, Mountain View, CA. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Chief, Operations and Readiness Division, HRC advisory, the Board determined there was sufficient evidence to show the applicant submitted his DA Form 1380’s to his unit and at no fault of the applicant it was not processed in accordance with HRC guidelines. The Board found the applicant in good faith utilized every resource as his level to submit his three (3) DA Form 1380, which resulted in the applicant not receiving the required number of points for credit for a "good year" of service. Based on this the Board granted relief to correct his DA Form 5016 to show he was awarded retirement points only (nonpaid) for inactive duty training (IDT) completed during Fiscal Year 2017 (FY 17). ? 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 to show the applicant submitted his DA Form 1380’s in a timely manner to Chief, Operations and Readiness Division, HRC show he was awarded retirement points only (nonpaid) for inactive duty training (IDT) completed during Fiscal Year 2017 (FY 17). 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, U.S. Code, 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions), 14 March 2016 and in effect at the time, prescribed policies and procedures governing the various types of service obligations and participation requirements. Paragraph 3-1 (Satisfactory Participation in Troop Program Units) stated Soldiers present at a scheduled IDT period will not receive credit for attendance unless they are wearing the prescribed uniform. 4. Army Regulation 140-1 (Army Reserve Mission, Organization, and Training), 20 January 2004, prescribes policy guidance on the mission, organization, and training of the USAR. Paragraph 3-9h (Wearing of the Uniform) states Soldiers will not be credited with attendance at any training (to include training for retirement points only) unless they are in the prescribed uniform of the day per current training directive. 5. Army Regulation 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records), 15 May 1987, prescribed the types of training and activities for which retirement points are authorized. It discussed the procedures for recording retirement point credit and training for USAR Soldiers and provided instructions for completing the DA Form 1380. Figure 3-1 (DA Form 1380 Instructions) stated to enter "P" if performance was for pay. Enter "N" if duty was for retirement points only. Enter "1" or "2" to indicate total retirement points earned for the assembly. 6. Army Regulation 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records), 15 March 2016 and in effect at the time, set responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized. a. Paragraph 1-7 (Service Requirement for a Satisfactory Year of Service for Non- Regular Retirement) stated a qualifying year of service for Non-regular (Reserve) retired pay is a full year during which a Reserve Component member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for Non-regular retired pay. b. Paragraph 2-4a (Criteria for Awarding Retirement Points) stated personnel on active duty, active duty for training, initial active duty for training, involuntary active duty for training, or annual training 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. c. Table 2-3 (Award of IDT Retirement Points) provided criteria for award of retirement points for IDT. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points. A maximum of two retirement points may be credited for attendance at unit battle assemblies or IDT in any one calendar day. d. Paragraph 2-4b(4) (Four/Eight-Hour Rule) stated 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 one calendar day. e. Paragraph 3-3 (DA Form 1380) stated nonpaid DA Forms 1380 will not be entered into Automated Drill Attendance Reporting Software and will be forwarded to HRC for award of retirement points no later than the end of each duty month. f. Table 3-1 (Codes for Recording Appropriate or Equivalent Instruction or Duty on DA Form 1379 or DA Form 1380) stated the code "N" will be entered for rescheduled training. 7. Department of Defense Instruction 1215.07 (Service Credit for Non-Regular Retirement) states inactive duty may be credited for each attendance at an IDT period for a maximum of two retirement points for attendance at IDT periods or equivalent training in any one 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//