IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20210015645 APPLICANT REQUESTS: * correction of her DA Form 5016 (Chronological Statement of Retirement Points) for completion of Intermediate Level Education (ILE) * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training) dated 21 Oct 2020 * E-mail to Fort Shafter Finance Office, dated 21 October 2020 * E-mail to United States Indo-Pacific Command (USINDOPACOM), dated 21 October 2020 * DA Form 1380, dated 30 June 2021 * E-mail to USINDOPACOM, dated 30 June 2021 * E-mail from USINDOPACOM, dated 1 July 2021 * E-mail traffic between applicant and USINDOPACOM during period of 30 June through 27 July 2021 * E-mail to USINDOPACOM, dated 24 September 2021 * E-mail from USINDOPACOM, dated 24 September 2021 * E-mail from the U.S. Army Human Resources Command (HRC) denial of retirement points, dated 4 October 2021 * Blackboard screenshot of unknown course FACTS: 1. The applicant states in effect, she requests the correction of her DA Form 5016 for the completion of ILE during restriction of travel due to Coronavirus 2019 (COVID 19) to obtain a good year towards retirement. She is an Individual Mobilization Augmentee (IMA) Solder assigned to USINDOPACOM and she was advised by the IMA coordinator she could receive retirement point credit for the completion of ILE during the COVID 19 travel restrictions. She submitted the DA Forms 1380 to be processed for pay and retirement point credit according to unit policy. When she inquired about the status of the processing of her DA Form 1380 in the later part of 2021, she was informed the policy that was in place previously was no longer being accepted by the unit commander. There was no notification to the IMA Soldiers of the change in policy or the effective date of the change. The unit commander apologized for the conflicting information provided, but restated the standing HRC policy, which was IMA Soldiers could not receive pay or retirement points for online course work such as ILE. She also submitted the request for retirement point credit to HRC, which was denied 2. A review of the applicant's service record shows: a. With prior enlisted U.S. Army Reserve (USAR) service, the applicant completed her oath of office on 31 May 2008 and was appointed a commissioned officer in the Regular Army (RA). b. The applicant was honorably released from active duty on 30 June 2013 and assigned to the USAR Control Group (Individual Ready Reserve (IRR)). DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 5-years and 1-months of active service. c. On 1 July 2013, HRC notified the applicant she was appointed a Reserve commissioned officer, effective 1 July 2013. d. On 24 September 2013, Orders Number C-09-313379, issued by HRC, the applicant was assigned to a USAR Troop Program Unit (TPU), effective 12 July 2013. e. On 26 March 2018, Orders Number C-03-803738, issued by HRC, the applicant was assigned to the U.S. Army Element Pacific Command, effective 19 March 2018. The additional instructions stated authorized for drilling IMA program, authorized to perform up to 48 Inactive Duty Training (IDT) assemblies each fiscal year. Drills performed without prior pay category A and/or pay category B authorization is for points only. f. DA Form 1059 (Senior Service and Command and General Staff College Academic Evaluation Report) shows the applicant successfully completed ILE during the period of 14 December 2021 through 10 February 2022. 3. The applicant provides: a. DA Form 1380 dated 21 October 2020 (unsigned), shows the applicant performed 8-hours of duty under Army Regulation (AR) 140-185 (Training and Retirement Point Credit and Unit Level Strength Accounting Records) Table 2-3 (Award of inactive duty training retirement points), Rule 1 for Soldier who is a Selected Reserve attends battle assemblies (IDT) or RES for pay points: * 13 June 2020 – supported Department of Defense (DOD) organization and process Headquarters (HQs) USINDOPACOM, Camp Smith, HI * 14 June 2020 – supported National, DOD and theater strategies HQs USINDOPACOM, Camp Smith, HI * 15 June 2020 – supported commander theater evaluations, HQs USINDOPACOM, Camp Smith, HI b. E-mail dated 21 October 2020, shows the IMA coordinator submitted DA Form 1380 to the Fort Shafter, HI finance office for processing. c. E-mail shows the applicant submitted her DA Form 1380 on 16 October 2020 for training completed during the previous month. The IMA coordinator responded to the applicant inquiring why she was submitting for points only when it was an easier process for pay. HRC does not allow Soldiers to get paid for ILE, but due to COVID 19 the command was allowing an exception for Soldiers to obtain a good year for retirement. On 21 October 2020, the applicant responded by resubmitting her DA Form 1380. d. DA Form 1380 dated 30 June 2021 (unsigned), shows the applicant performed 8- hours of duty: * 3 June 2021 – supported war, society, and the structure of military revolution HQ USINDOPACOM, Camp Smith, HI * 4 June 2021 – supported state armies and limited war in early modern Europe HQ USINDOPACOM, Camp Smith, HI * 10 June 2021 – supported states armies and limited war in the early modern Europe HQ USINDOPACOM, Camp Smith, HI * 11 June 2021 – supported nation and army Napoleon HQ USINDOPACOM, Camp Smith, HI * 17 June 2021 – supported nation and army Napoleon HQ USINDOPACOM, Camp Smith, HI * 18 June 2021 – supported imperial overextension HQ USINDOPACOM, Camp Smith, HI * 21 June 2021 – supported Clausewitz HQ USINDOPACOM, Camp Smith, HI * 22 June 2021 – supported Clausewitz HQ USINDOPACOM, Camp Smith, HI * 23 June 2021 – supported brains of modern army HQ USINDOPACOM, Camp Smith, HI * 24 June 2021 – supported outline drafting HQ USINDOPACOM, Camp Smith, HI * 25 June 2021 – supported Jomini HQ USINDOPACOM, Camp Smith, HI * 26 June 2021 – Jomini HQ USINDOPACOM, Camp Smith, HI e. E-mail dated 30 June 2021 shows the applicant submitted DA Form 1380 for ILE course work completed during the month of June. f. E-mail dated 1 July 2021 from the USINDOPACOM IMA coordinator, instructing the applicant to route her DA Form 1380 through her supervisor and to have only 10- days of duty per DA Form 1380 and to use the current version of the form. g. E-mail from the applicant to USIDOPACOM dated 27 July 2021, showing the applicant resubmitted the DA Form 1380 for processing. IMA coordinator responded informing the applicant ILE could not be paid as IDT per commander B-. h. E-mail between the applicant and Lieutenant Colonel (LTC) on 21 September 2021, LTC states he recently learned Soldiers were submitting DA Forms 1380 to be paid for the completion of Electronic-Based Distance Learning (EBDL); however, the regulation does not allow the payment with IDT funds. The applicant responded on 23 September 2021, inquiring how she could retroactively gain retirement point credit to get a good year. Would he be willing to accept backdated DA Form 1380 to June for work completed in October. i. E-mail dated 24 September 2021 from LTC stating he contacted HRC for guidance for constructive credit. He also suggested the applicant apply to the Board for relief. j. E-mail from HRC Retirement Points Team dated 4 October 2021 stating the DA Forms 1380 could not be processed for retirement points for the completion of EBDL. Effective 15 April 2016, correspondence courses were removed from AR 140-185. Also, the DA Form 1380 that were submitted were not signed and were also coded for pay. There is no IMA funding to pay Soldiers EBDL, therefore the applicant was being referred to the Board for relief. k. Blackboard screenshot which shows someone completed quizzes for an unknown course: * 8 June 2021 - H101B quiz scoring 100 percent * 24 June 2021 – H102B quiz scoring 80 percent * 24 June 2021 – H103B quiz scoring 100 percent * 30 June 2021 – J104B quiz scoring 80 percent BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board determined the available evidence is sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board found insufficient evidence indicating denial of the applicant’s request for retirement points and pay for time spent on online military education was contrary to published policy. Based on a preponderance of the evidence, the Board determined the denial of her request for retirement points and pay for online ILE was not in error or unjust. 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 (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 2-4b (5) (5) Eight-hour rule. Approved EBDL courses will be awarded to members of the SELRES (TPU). Subject to available funding, and as pre-approved, Soldiers may earn one retirement point and be paid for one IDT for every 8 hours of distance learning completed. e. 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. f. 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. g. 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. h. Paragraph 3–4 (EBDL), the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107, section 603), authorized compensation to certain members of the Selected Reserve. Pursuant to 37 USC 206(d), a member of the Selected Reserve of the Ready Reserve may be paid compensation at a rate and under terms determined by the Secretary of Defense upon the member's successful completion of a course of instruction undertaken by the member using EBDL methodologies to accomplish training requirements related to unit readiness or mobilization, as directed for the member by the Secretary concerned. This regulation provides discretionary payments only for members of the Selected Reserve not in active service or on active duty who are directed by their commanders to complete training requirements related to unit readiness or mobilization, by means of EBDL. b. Additional training periods for distributed learning for Reserve compensation are authorized only for Soldiers in the paid drill strength of the ARNG and USAR, including drilling individual mobilization augmentees. 2. 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. 3. Army Directive 2010-06 (Compensation of Reserve Component Personnel for Army Electronic-Based Distributed Learning) in compliance with the National Defense Authorization Act (NDAA), 37 U.S.C. 206 (d) (2), and the Memorandum, USD (P&R), 29 June 2008, Subject: Policy on Reserve Component Electronic-Based Distributed Learning Compensation (EBDL) authorizes compensation for the successful completion of electronic-based distributed learning coursework for members of the Selected Reserve. This policy remains an unfunded mandate. USARC memorandum, dated 19 December 2012 to include the current USARC EBDL fiscal year guidance will be utilized as the interim guidance for TPU Soldiers utilizing Additional Training Assemblies (ATAs) payment for successful completion of EBDL coursework approved and listed in the Army Training Requirements and Resources System (ATRRS) for Electronic-Based Distributed Learning. No more than 12 ATAs will be performed by any one individual per year per AR 140-1. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2–11 states, applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015645 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1