IN THE CASE OF: BOARD DATE: 16 March 2022 DOCKET NUMBER: AR20210009573 APPLICANT REQUESTS: correction of retirement points for multiple periods of service between November 2004 and November 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 5016 (Chronological Statement of Retirement Points) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) 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 pertinent part that his retirement points are incorrect. He contests that his submitted DA Forms 1380 were either submitted by his assigned units or generated by them in a timely manner. He argues that in November 2008, he submitted copies of 4 years' worth of DA Forms 1380 to his Unit Administrator (UA) to have his points corrected. In the following years, through 2011, his commander continued to provide him with DA Forms 1380, however the points were never reflected on his DA Form 5016. In September 2013, following his return from deployment, he submitted documentation in support of his request for a points correction. His UA made the corrections within the Regional Level Application Software (RLAS), but these corrections were still not reflected on his DA Form 5016. In 2017, his UA provided guidance with regard to the submission of DA Forms 1380 moving forward, but she failed to provide guidance as to how he could have his previous points corrected. He later received guidance that RLAS was no longer the source for the correction of retirement points. The U.S. Army Human Resources Command (HRC) required the Board to make the correction for DA Forms 1380 older than one-year. 3. A review of the applicant's available service records reflects the following: a. On 4 November 1982, the applicant enlisted in the U.S. Army Reserve (USAR). b. On 4 December 2002, the applicant received his Notification of Eligibility for Retired Pay at age 60 (Twenty Year Letter). c. On 21 March 2003, the U.S. Army Reserve Personnel Command issued Orders Number C-03-308590 reassigning the applicant to the National Army Medical Department Augmentation Detachment (NAAD) in Morrow, GA effective 31 March 2003. d. On 31 March 2003, the applicant was ordered to active duty in support of Operation Noble Eagle. e. On 29 March 2004, the applicant was released from active duty. f. On 24 June 2004, HRC issued Orders Number A-06-406098 ordering the applicant to active duty for 179 days with a report date of 30 July 2004. g. On 24 January 2005, the applicant was released from active duty and returned to his assigned USAR unit. h. On 22 July 2005, the applicant was ordered to active duty. i. On 24 May 2006, the applicant was released from active duty and returned to his assigned USAR unit. j. On 18 January 2007, the applicant was ordered to active duty. k. On 31 January 2008, the applicant was released from active duty and returned to his assigned USAR unit. l. On 16 July 2012, the applicant was ordered to active duty. m. On 21 July 2013, the applicant was released from active duty and returned to his assigned USAR unit. 4. The applicant provides the following a: a. DA Form 5016, dated 13 May 2021, reflective of his service credit received from 4 November 1982 – 3 November 2020. The applicant highlights the period between 4 November 2004 and 3 November 2017 as being in error. b. DA Form 1380 (Record of Individual Performance of Reserve Duty Training) reflective of the applicant's performance of duty between March 2005 and October 2017. The applicant further provides separate DA Forms 1380 for the following periods detailed below (with applicable points being requested): * March 2005 – duty performed for points only between 24 and 26 March 2005 (2 days in total); request to be awarded 2 points for this period * May 2005 - duty performed for points only between 17 and 23 May 2005 (5 days in total); request to be awarded 5 points for this period * June 2005 - duty performed for points only between 7 and 24 June 2005 (8 days in total); request to be awarded 8 points for this period * June 2006 - duty performed for points only between 6 and 30 June 2006 (10 days in total); request to be awarded 10 points for this period * July 2006 - duty performed for points only between 1 and 13 July 2006(3 days in total); request to be awarded 3 points for this period * August 2006 - duty performed for points only between 24 and 27 August 2006 (3 days in total); request to be awarded 3 points for this period * September 2006 - duty performed for points only between 1 and 29 September 2006 (4 days in total); request to be awarded 4 points for this period * October 2006 - duty performed for points only between 4 and 27 October 2006 (7 days in total); request to be awarded 7 points for this period * November 2006 - duty performed for points only between 22 and 30 November 2006 (2 days in total); request to be awarded 2 points for this period * December 2006 - duty performed for points only between 1 and 15 December 2006 (5 days in total); request to be awarded 5 points for this period * February 2008 - duty performed for points only between 10 and 27 February 2008 (7 days in total); request to be awarded 7 points for this period * March 2008 - duty performed for points only between 5 and 28 March 2008 (7 days in total); request to be awarded 7 points for this period * April 2008 - duty performed for points only between 7 and 29 April 2008 (7 days in total); request to be awarded 7 points for this period * May 2008 - duty performed for points only between 6 and 30 March 2008 (8 days in total); request to be awarded 8 points for this period * June 2008 - duty performed for points only between 2 and 30 June 2008 (5 days in total); request to be awarded 5 points for this period * July 2008 - duty performed for points only between 2 and 31 July 2008 (10 days in total); request to be awarded 10 points for this period * August 2008 - duty performed for points only between 3 and 28 August 2008 (13 days in total); request to be awarded 13 points for this period * September 2008 - duty performed for points only between 3 and 22 September 2008 (10 days in total); request to be awarded 10 points for this period * October 2008 - duty performed for points only between 1 and 31 October 2008 (19 days in total); request to be awarded 19 points for this period * September 2009 - duty performed for points only between 1 and 29 September 2009 (9 days in total); request to be awarded 9 points for this period * October 2009 - duty performed for points only between 5 and 19 October 2009 (9 days in total); request to be awarded 9 points for this period * November 2008 - duty performed for points only between 3 and 30 November 2008 (13 days in total); request to be awarded 13 points for this period * December 2008 - duty performed for points only between 1 and 18 December 2008 (8 days in total); request to be awarded 8 points for this period * January 2009 - duty performed for points only between 2 and 30 January 2009 (17 days in total); request to be awarded 17 points for this period * February 2009 - duty performed for points only between 2 and 27 February 2009 (14 days in total); request to be awarded 14 points for this period * March 2009 - duty performed for points only between 9 and 31 March 2009 (15 days in total); request to be awarded 15 points for this period * April 2009 - duty performed for points only between 6 and 29 April 2009 (14 days in total); request to be awarded 14 points for this period * May 2009 - duty performed for points only between 6 and 28 May 2009 (6 days in total) [sic]; request to be awarded 6 points for this period * June 2009 - duty performed for points only between 1 and 30 June 2009 (10 days in total); request to be awarded 10 points for this period * July 2009 - duty performed for points only between 2 and 30 July 2009 (12 days in total); request to be awarded 12 points for this period * August 2009 - duty performed for points only between 2 and 31 August 2009 (4 days in total); request to be awarded 4 points for this period * November 2009 - duty performed for points only between 2 and 24 November 2009 (13 days in total); request to be awarded 13 points for this period * December 2009 - duty performed for points only between 8 and 31 December 2009 (17 days in total); request to be awarded 17 points for this period * January 2010 - duty performed for points only between 4 and 29 January 2010 (17 days in total); request to be awarded 17 points for this period * February 2010 - duty performed for points only between 1 and 26 February 2010 (17 days in total); request to be awarded 17 points for this period * March 2010 - duty performed for points only between 1 and 31 March 2010 (16 days in total); request to be awarded 16 points for this period * May 2010 - duty performed for points only between 3 and 26 May 2010 (12 days in total); request to be awarded 12 points for this period * June 2010 - duty performed for points only between 1 and 30 June 2010 (15 days in total); request to be awarded 15 points for this period * July 2010 - duty performed for points only between 1 and 30 July 2010 (7 days in total); request to be awarded 7 points for this period * August 2010 - duty performed for points only between 11 and 31 August 2010 (8 days in total); request to be awarded 8 points for this period * September 2010 - duty performed for points only between 14 and 30 September 2010 (5 days in total); request to be awarded 5 points for this period * October 2010 - duty performed for points only between 5 and 29 October 2010 (7 days in total); request to be awarded 8 points for this period * December 2010 - duty performed for points only between 1 and 20 December 2010 (8 days in total); request to be awarded 8 points for this period * February 2011 - duty performed for points only between 1 and 28 February 2011 (11 days in total); request to be awarded 11 points for this period * March 2011 - duty performed for points only between 1 and 30 March 2011 (8 days in total) [sic]; request to be awarded 8 points for this period * September 2011 - duty performed for points only between 1 and 29 September 2011 (9 days in total); request to be awarded 9 points for this period * January 2011 - duty performed for points only between 5 and 31 January 2011 (15 days in total); request to be awarded 15 points for this period * July 2011 - duty performed for points only between 5 and 29 July 2011 (10 days in total); request to be awarded 10 points for this period * August 2011 - duty performed for points only between 1 and 31 August 2011 (6 days in total); request to be awarded 6 points for this period * June 2011 - duty performed for points only between 8 and 30 June 2011 (16 days in total); request to be awarded 15 points for this period although the document reflects 16 days * June 2011 - duty performed for points only between 2 and 31 June 2011 (17 days in total); request to be awarded 17 points for this period * Apr 2011 - duty performed for points only between 4 and 22 April 2011 (7 days in total) [sic]; request to be awarded 7 points for this period * October 2011 - duty performed for points only between 4 and 26 October 2011 (5 days in total); request to be awarded 5 points for this period * November 2011 - duty performed for points only between 1 and 30 November 2011 (12 days in total); request to be awarded 12 points for this period * December 2011 - duty performed for points only between 5 and 30 December 2011 (15 days in total); request to be awarded 15 points for this period * January 2012 - duty performed for points only between 2 and 31 January 2012 (18 days in total); request to be awarded 18 points for this period * February 2012 - duty performed for points only between 2 and 29 February 2012 (18 days in total); request to be awarded 18 points for this period * March 2012 - duty performed for points only between 5 and 29 March 2012 (12 days in total); request to be awarded 12 points for this period * May 2012 - duty performed for points only between 1 and 31 May 2012 (8 days in total); request to be awarded 8 points for this period * July 2013 - duty performed for points only on 24 July 2013; request to be awarded 1 point for this period * September 2013 - duty performed for points only on 26 September 2013; request to be awarded 1 point for this period * October 2013 - duty performed for points only between 3 and 30 October 2013 (5 days in total); request to be awarded 5 points for this period * December 2013 - duty performed for points only between 12 and 20 December 2013 (3 days in total); request to be awarded 3 points for this period * January 2014 - duty performed for points only between 6 and 28 January 2014 (8 days in total); request to be awarded 8 points for this period * February 2014 - duty performed for points only between 6 and 14 February 2014 (6 days in total); request to be awarded 6 points for this period * July 2014 - duty performed for points only between 1 and 25 July 2014 (5 days in total); request to be awarded 5 points for this period * August 2014 - duty performed for points only on 31 August 2014; request to be awarded 1 point for this period * September 2014 - duty performed for points only on 30 September 2014; request to be awarded 1 point for this period * September 2016 - duty performed for points only between 20 and 29 September 2016 (5 days in total); request to be awarded 5 points for this period * October 2016 - duty performed for points only between 4 and 27 October 2016 (5 days in total); request to be awarded 5 points for this period * November 2016 - duty performed for points only between 1 and 29 November 2016 (6 days in total); request to be awarded 6 points for this period * December 2016 - duty performed for points only between 1 and 26 December 2016 (8 days in total); request to be awarded 8 points for this period * May 2017 - duty performed for points only between 17 and 22 May 2017 (4 days in total); request to be awarded 4 points for this period * June 2017 - duty performed for points only between 21 and 27 June 2017 (4 days in total); request to be awarded 4 points for this period * October 2017 - duty performed for points only between 4 and 24 October 2017 (6 days in total); request to be awarded 6 points for this period 4. On 11 February 2021, Headquarters, U.S. Army Reserve Command (USARC), Retirement Services Officer provided an advisory opinion recommending denial of the applicant's requested relief for duty performed in 2005, 2006, 2009-2013 and 2014 citing that the documents were not submitted in accordance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records), paragraph 3-3 (b). Upon review of the applicant's other periods of service, USARC confirmed the applicant was awarded retirement points for all duties performed during the following periods: February, April – June and August – September 2008; September – December 2016; May – June and October 2017. 5. On 18 February 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments in response. As of 14 March 2022, the applicant had not responded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 Headquarters, USAR Retirement Services officer advisory opinion, the Board concurred with the advising official recommending denial of the applicant's requested relief for duty performed in 2005, 2006, 2009-2013 and 2014 citing that the documents were not submitted in accordance with regulatory guidance, paragraph 3-3 (b). The Board determined thar USARC confirmed the applicant was awarded retirement points for all duties performed during the following periods: February, April – June and August – September 2008; September – December 2016; May – June and October 2017. 2. Evidence in the record show the applicant’s current statement of retirement points indicates he has 39 creditable years of service and 7,207 points. The Board agreed, based on the advisory and evidence in the applicant’s service record, relief is not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. 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 USAR Soldiers. a. Paragraph 2–2, states retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), and IDT. Types of IDT are: * regularly scheduled unit training includes Unit Training Assemblies (UTA), and Multiple Unit Training Assemblies (MUTA) * Regularly Scheduled Training (RST) other than UTA/MUTA * make up assemblies for missed UTA/MUTA due to AT * Equivalent Training (ET) in lieu of scheduled UTA/MUTA or RST * additional training assemblies (ATA) * two-hour unit training assemblies * training of individual Soldiers in non-pay status. b. Paragraph 2–4 states, personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 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. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points: * one point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly maximum of 2 points in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used, except in the case of 2- hour unit training assemblies maximum of 1 point in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used except in the case of 2- hour unit training assemblies * award of a second point in the same day requires additional hours to bring the day’s total to a minimum of 8, maximum of 2 points in 1 calendar day * points may not be awarded under more than one of the rules above during any single calendar day c. Paragraph 3-3(b), 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. 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 Form 1380s 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. The DA Form 1380 will be scanned into the Soldiers iPERMS by the unit of assignment. 2. AR 15-185 (ABCMR) paragraph 2-9 states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009573 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1