IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20210015598 APPLICANT REQUESTS: correction of her Retirement Points for Retirement Year Ending (RYE) 30 January 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reserve Health Readiness Program – Voucher for Service, dated 6 October 2016 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 28 July 2021 * Email communication * DA Form 5016 (Chronological Statement of Retirement Points), dated 17 April 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 in pertinent part that due to her pregnancy, flight travel restrictions and newborn maternity time, she completed alternative related training to account for a missed Battle Assemblies (BA) at her assigned unit. She failed to submit the DA Form 1380 within the fiscal year. However, the DA Form 1380 and all expected substantiating documents were initially submitted but delayed multiple times due to administrative errors and staffing shortages associated with the COVID 19 restrictions. Her attempts to have this "1 point" added to her records has taken over 3 years to accomplish through the Reserve Personnel Action Center (RPAC). Points within the same timeframe have been approved by the RPAC previously but this point was missed when it was initially requested which now requires the Board’s assistance. 3. A review of the applicant's available service records reflects that on 31 January 2013, the applicant was appointed a commission in the U.S. Army Reserve (USAR) Specialty Corps and was further assigned to 113th Medical Company (Combat Stress Control). 4. The applicant provides: a. Reserve Health Readiness Program – Voucher for Service, dated 6 October 2016, reflective of the applicant having a Dental Exam appointment in b. DA Form 1380 dated 28 July 2021 reflective of the applicant being entitled to the receipt of "1" retirement point/service credit for the performance of duty i.e., undergoing a dental exam/x-ray on 6 October 2016. Item 9c. (Retirement Points) reflects that the applicant would be paid for this "4 hour" period of service. Item 11 (Signature of Officer) reflects the inscribed signature of Lieutenant Colonel identified as a commander. The document is void of a digital signature and date. c. Email communication reflective of the applicant being redirected to this Board for her requested relief. The applicant was advised to include the original DA Form 1380 (October 2016) and her Dental Voucher with her submitted request. d. DA Form 5016 dated 17 April 2022, reflective of the applicant's retirement service credit received between 31 January 2013 – 30 January 2022. During the period of 31 January 2016 – 30 January 2017, the applicant received "49" 'retirement points (34 Inactive Duty (IDT) and 15 Membership). 5. The applicant's points history for the period of concern (31 January 2016 – 30 January 2017) is void of the applicant receiving service credit for the performance of duty on 6 October 2016. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the applicant was not credited with a retirement point for duty on 6 October 2016 due to the late submission of a DA Form 1380. The Board determined the applicant’s record should be corrected to show the DA Form 1380 for duty performed on 6 October 2016 was submitted in a timely manner and her retirement points should be updated accordingly. 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 a DA Form 1380 for duty performed on 6 October 2016 was submitted in a timely manner and updating her retirement points with the one point earned on that date. 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 (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) Chapter 2, Paragraph 2-14 (Criteria for Awarding Retirement Points) provides that personnel on active duty, Active-Duty Training (ADT), Inactive Duty Training (IADT), involuntary ADT, or Annual Training (AT) 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. A maximum of two retirement points may be credited for attendance at unit Battle Assemblies (BA) or IDT in any 1 calendar day. a. Paragraph 1-6 (Eligibility) provides that retirement point credit is not authorized for members of the Reserve Component in an inactive status. b. Paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record IDT performed 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. Only attached Soldiers are authorized to perform IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) for those units. c. 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. d. With regard to awarding of retirement points for IDT (Four-Hour Rule), Service Members will be awarded one point for each 4-hour period of IDT duty performed. Maximum of two points per calendar day applies to IDT duty. Duty must be 8 hours in duration to receive two points per day. e. 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 9c 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. f. Only attached Soldiers are authorized to perform IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers, not attached to a unit are prohibited from performing IDT. 3. AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources Command will update the DA Form 5016 for USAR Soldiers annually at the end of their Annual Year (AY) and place it into their on-line record at http://www.hrc.army.mil for their review. Soldiers will review their retirement point statement annually and provide supporting documents to correct any deficiencies through their chain of command to HRC in accordance with AR 140–185. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015598 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1