IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20210017139 APPLICANT REQUESTS: correction of his retirement points. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate, Army National Guard (ARNG), dated 31 August 2010 * Orders Number 242-3, dated 31 August 2010 * Certificate, Joint Special Operations University, dated 19 June 2015 * DA Form 87 (Certificate of Training), dated 13 January 2020 * DA Form 5016 (Chronological Statement of Retirement Points), dated 14 September 2021 * DA Form 5016 dated 14 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 his military records fail to reflect service credit awarded for his attendance and completion of the Air Assault course in 2012. He also notes that he did not receive service credit for his completion of three (3) 40-hour courses in 2015 and 2020. 3. A review of the applicant's available service records reflects the following: a. On 16 November 2000, the applicant enlisted in the Regular Army to serve as a 96B (Intelligence Analyst). b. On 23 December 2006, the applicant was honorably released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). c. On 9 June 2010, the U.S. Army Human Resources Command (HRC) issued Orders Number C-06-008633 reassigning the applicant as an Individual Mobilization Augmentee (IMA) to the U.S. Army Element Special Operations Command South. d. On 31 August 2010, the Army National Guard Warrior Training Center issued Orders Number 242-3 awarding the "2B" Additional Skill Identifier (ASI) to the applicant in recognition of his attendance and completion of the Air Assault course from 22-31 August 2010. e. On 17 December 2014, HRC issued Orders Number C-12-417370 reassigning the applicant to Special Operations Command Central – Headquarters, U.S. Central Command, effective 5 January 2015. f. On 16 March 2015, the applicant was ordered to active duty. g. On 19 June 2015, the applicant completed the Special Operations Intelligence Course (15B) conducted from 8-19 June 2015. h. On 21 August 2015, HRC issued Orders Number C-08-512693 reassigning the applicant to the U.S. Army Element Joint Information Operations Warfare Center, effective 22 August 2015. i. On 30 September 2016, the applicant was released from active duty. j. On 29 April 2019, HRC issued Orders Number C-04-905326 reassigning the applicant to the U.S. Army Element Special Operations Command Support Detachment 60, effective 30 April 2019. k. On 1 May 2019, the applicant was ordered to active duty. l. On 15 November 2019, the applicant was released from active duty and returned to his IMA status. m. On 13 January 2020, the applicant completed the Manager Development Course and the Organizational Development Course. Both courses were facilitated via Distance Learning. 4. The applicant provides: a. Certificate, ARNG dated 31 August 2010, reflective of the applicant's successful completion of the Air Assault course. b. DA Form 5016 dated 14 September 2021, reflective of a record of the applicants awarded service credit between 15 November 2000 – 24 July 2021. During the Retirement Year Ending (RYE) 24 July 2011 (covering the period of 25 July 2010 – 24 July 2011), the applicant earned 46 points (31 Inactive Duty (IDT) and 15 Membership points); RYE 24 July 2015 (covering the period of 25 July 2014 – 24 July 2015) the applicant earned 259 points (238 active duty, 6 IDT and 15 Membership points); RYE 24 July 2020 (covering the period of 25 July 2019 – 24 July 2020) the applicant earned 132 points (114 active duty, 3 IDT and 15 Membership points). b. DA Form 5016 dated 14 April 2022 reflective of a record of the applicants awarded service credit between 15 November 2000 – 24 July 2021. During the Retirement Year Ending (RYE) 24 July 2011 (covering the period of 25 July 2010 – 24 July 2011), the applicant earned 46 points (31 IDT and 15 Membership points); RYE 24 July 2015 (covering the period of 25 July 2014 – 24 July 2015) the applicant earned 259 points (238 active duty, 6 IDT and 15 Membership points); RYE 24 July 2020 (covering the period of 25 July 2019 – 24 July 2020) the applicant earned 132 points (114 active duty, 3 IDT and 15 Membership points). 5. The applicant did not provide a DA Form 1380 (Record of Individual Performance of Reserve Duty Training) reflective of IDT points authorized or awarded in relation to his completion of the "2" Distance Learning courses completed on 13 January 2020. 6. On 19 May 2022, Headquarters, U.S. Army Reserve Command (USARC) Retirement Services Officer, provided an advisory opinion concerning the applicant's requested relief recommending that the applicant be awarded 34 active-duty points for 2012. The applicant's retirement points detail indicates that he earned 15 points from 27 February 2012 to 12 March 2012 and 31 active-duty retirement points from 10 May 2012 to 9 June 2012, for a total of 46 active-duty points in 2012. The applicant was only awarded 12 of the 46 points that he earned leaving a difference of 34 active- duty points earned in 2012. However, USARC does not recommend awarding IDT points for completion of three 40-hour courses. Records indicate that the applicant did not submit a DA Form 1380 for the 40-hour course completed in June 2015. For the two 40-hour courses completed in January 2020, the approver signed the applicant's DA Form 1380 almost two years later (October 2021). Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) paragraph 3-3b requires signature no later than the end of duty month. 7. On 10 June 2022, the applicant was provided with a copy of the advisory opinion and afforded 25 days to provide comments. As of 23 August 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 partial relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence supports awarding the applicant 34 additional retirement points for the retirement year ending 24 July 2012 but does not support any additional points for correspondence courses. The Board found no evidence of mitigating circumstances that would excuse the late submission of requests for points for the correspondence courses. Based on a preponderance of the evidence, the Board determined the applicant’s record should be corrected to show he earned 34 additional active duty points during the retirement year ending 24 July 2012. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he earned an additional 34 active duty points during the retirement year ending 24 July 2012. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 (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. 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. (Eight-Hour Rule) Service Members will be awarded one retirement point and be paid for 1 IDT for every 8 hours of Distance Learning (DL) or Electronic Based Distance Learning (EBDL) completed. However, points may not be awarded under more than one of the above rules (IDT, ADT, IADT, involuntary ADT or AT) during any single calendar day. d. Paragraph 3-4 (EBDL) provides that Soldiers may only receive compensation and retirement credit for EBDL courses listed in Army training Requirements and Resources System (ATRRS) after command pre-approval. Additional EBDL for Reserve compensation (37 USC 206(d)(2)) are authorized only for SELRES Soldiers in the paid drill strength of the Army Reserve, including drilling IMA Soldiers. Commanders will ensure that coursework authorized for additional training periods for EBDL is not completed during any other type of training or duty periods. These are categorized as IDT points and are subject to the annual limit on Reserve retirement points that may be credited in an anniversary year toward retired pay. All EBDL courses list academic hours in ATRRS, which should be used to calculate compensation. Soldiers are awarded the academic hours listed in ATRRS regardless of the time actually required by the Soldier to complete the EBDL course. Commanders are required to retain copies of the DA Form 87 (Certificate of Training) or equivalent proof of completion for future audits. Units will record EBDL completion for which a Soldier is compensated on a DA Form 1380 as paid IDT. e. 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) AR20210017139 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1