IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210017170 APPLICANT REQUESTS: * To be eligible for retirement by manipulating points from previous earned retirement points to qualify for a non-regular retirement * A 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 (Record of Individual Performance of Reserve Duty Training), dated 5 June 2018 * Retirement Point Year Information Page * Memorandum, Subject: Annual Performance of the applicant in Regards to Retirement Points * ARPC Form 249-E (Chronological Statement of Retirement Points) x2 * Congressional * U.S. Army Human Resources Command (HRC) letter to the Honorable dated 30 September 2021 * Points Recalculation to Army FACTS: 1. The applicant states, in effect: a. He is requesting to be eligible for retirement by any one of the following: (1) Move seven retirement points from his retirement year 9 June 2014 to 8 June 2015 where he has 121 to non-qualifying years as follows; three points to 9 June 2013 to 8 June 2014, one point to 9 June 2012 to 8 June 2013, and three points to 9 June 2011 to 8 June 2012 on his chronological statement of retirement points or; (2) Use the Army fiscal year as his retirement year end date. (3) Give points only credit to dental and vaccinations visits already in his file on DD Form 2813 (Department of Defense Active Duty/Reserve Forces Dental Examination) and SF 600 (Chronological Record of Medical Care). b. He has been serving as an instructor for the Army Finance and Comptroller School for the last 12 years and his reserve career as a Drilling Individual Mobilized Augmentee (DIMA) Soldier. c. DIMA Soldiers are normally assigned to active-duty units as Reservists and work out a schedule mutually beneficial to both the unit and Soldier's civilian schedule. d. Since active duty units do not have weekend drill schedules, by their nature, most DIMA Soldiers will lump most of their duty in chunks during the years. Since DIMA Soldiers can do their duty in these chunks there are situations where the Soldier could end up with a bad retirement year using tradition Retirement Year Ending (RYE) dates even though they completed enough duty for a good retirement year during the standard fiscal year (FY). e. He had a RYE date of 15 March and had been tracking that date for approximately 12 years. He had one year in the California Army National Guard (ARNG) that was not included on his retirement points. Once hey added this year, some time around 2016, they adjusted his RYE to 9 June as his reentry date after a break in service. f. This change to his RYE date broke several of his retirement qualified years in the past (2015, 2014, and 2013) as it changed the measurement date where he had done most of his duty in the February to June time frame. g. As an instructor he was instructing a course that always fell in that time frame. He went every year and performed his duty as expected. If the Board reevaluates his points from an Army FY stand point, all years would be good retirement years and he would qualify for retirement. 2. On 18 July 1996, DD Form 220 (Active Duty Report) was completed and shows the applicant was on active duty from 13 May 1996 to 20 July 1996. 3. On 2 December 1996, the applicant received a NGB Form 22 (Report of Separation and Record of Service), which shows the applicant served 8 months and 18 days of ARNG service. He was honorably discharged for enlistment in any component of the Armed Forces. 4. On 9 June 2000, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years. 5. On 14 July 2001, the applicant received a DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows he was honorably released from active duty for completion of required active service. He had 2 months of net active service and 11 months and 6 days of prior inactive service. 6. On 5 March 2002, the applicant completed the oath of office as a Reserve commissioned officer. 7. On 13 December 2002, the applicant received a DD Form 214, which shows he was honorably released for completion of period of active-duty training. He had completed 3 months, and 26 days of active-duty service and 10 months and 18 days of prior active duty service. 8. On 17 March 2005, the applicant received a DD Form 214, which shows he was honorably released from completion of required active service. He had completed 1 year, 3 months, and 11 days of active service with 3 months and 26 days of prior active service and 3 years, 10 months, and 20 days of inactive service. 9. The applicant provides: a. DA Form 1380, dated 5 June 2018, which shows he completed duty on the following days: * 28 September 2011, 4 hours Influenza Shot * 30 October 2012, 4 hours Dental Exam, Medical Readiness * 28 May 2014, 4 hours Dental Exam, Medical Readiness * 21 January 2016, 4 hours Dental Exam, Medical Readiness The applicant provides the Dental Examinations and shot records for the Board's review. b. An Information Paper, written by the applicant, dated 28 April 2021, Subject: DIMA Retirement Point Year Calculation Issues, which states in pertinent part: (1) The information paper provides insight on how using the traditional RYE date for DIMA Soldiers can result in having bad retirement years even when sufficient good retirement year is performed. (2) Since DIMA Soldiers can complete their duty in chunks, there are situations where the Soldier could end up with bad retirement years using traditional RYE dates even though they completed enough duty for a good retirement year during the standard fiscal year. (3) Since the DIMA Soldiers Annual Training (AT) and Inactive Duty Training (IDT) time allocations reset for each standard FY at 30 September they will always need to complete their duty within these dates before the next reset. It makes the most sense for these dates to be the duty dates each year to calculate retirement as an option for these Soldiers. The risk is you could have Soldiers who complete their assignment duty each year and end up getting bad retirement years for retirement just due to the measurement day and not because they did not serve their required time in each FY. It adds added complexity and risk to DIMA Soldiers to complete their duty each year when they are getting their schedule dictated to them by the active duty unit. (4) This issue is happening to him right now. He is loosing three years to bad retirement years because of his current RYE date, even though he performed duty for enough good year points in each of those standard FYs. As a result, there is a risk that he will have a Mandatory Removal Date from the Army without retirement, showing only 19 good years instead of 22. It is not reasonable to count bad years for Soldiers that came each fiscal year as required and fulfilled all their duties. (5) Recommendation, DIMA Soldiers should have the choice to use their traditional RYE dates or convert to using the Standard Army FY as their RYE date. (6) The complete Information Paper is available for the Board's review. c. Memorandum, Subject: Annual Performance of the Applicant in Regards to Retirement Points: (1) The applicant has been assigned as a DIMA officer to the Army Finance and Comptroller School as an instructor since September 2009. During the last 12 years, the applicant has instructed approximately 20 Finance and Comptroller Reserve Component Captain's Career Course courses. This attributes to over 400 officers, where every Reserve Finance officer has been instructed by the applicant for the last decade. (2) The author joined the Finance and Comptroller School as the Deputy Commander in 2015 and became acquainted with the applicant. During the last seven years, he observed the applicant come to duty twice a year, every year to help instruct the same phase of the course, when scheduled by Training and Doctrine Command (TRADOC). He has been an integral member of their instructor staff and has made significant contributions to how their DIMA Soldiers fit and operate within their active duty school house. (3) When instructing the Finance and Comptroller Reserve Component Captains Career Course, the applicant's Reserve points are clustered in blocks based on when the course is scheduled by TRADOC twice a year. With these blocks of duty, and at no fault of the applicant, these dates did not always line up with his RYE date. In many cases some courses were scheduled during his RYE date and thus split into two retirement years. (4) The applicant preformed his duty every year based on the Army FY when his authorized IDT and AT time was allotted. He deserves to have each year count as good retirement years and not be disqualified for retirement due to a RYE date measurement inconsistency. d. ARPC Form 249-E, dated 22 July 2013, which shows in RYE beginning on 15 March 2011 and ending on 14 March 2012, he received 22 IDT points, 15 membership points, and 18 active duty points, totaling 55 points. RYE beginning on 15 March 2012 and ending on 14 March 2013, he received 21 IDT points, 15 membership points, and 20 active duty points, totaling 56 points. ARPC Form 249-E, dated 27 Jul 2021, which shows in 2011, 2012, and 2013, 49, 47, and 47, points creditable for retired pay. e. The applicant completed a Congressional assistance request on 14 September 2021. HRC responded on 30 September 2021, stating, in effect: (1) The letter was in response to the Congressman's inquiry, dated 14 September 2021 on behalf of the applicant requesting retirement points be granted for duty performed in September 2011, October 2012, May 2014, and January 2016 due to non-creditable years of service on the chronological statement of retirement points. (2) HRC reviewed the applicant's inquiry and determined Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3, his request required that nonpaid DA Forms 1380 be submitted to HRC for review and award of retirement points no later than the end of each duty month. (3) In accordance with their records, the original document was not submitted on time, and current documents have multiple errors, was not the original dated document or on the correct version of the form for the years in question. Since the applicant had a break in service and returned to an active Reserve status on 9 Jun 2000, his revised anniversary year is 8 June. (4) The applicant had the option to submit a request to the Board to review and determine the award of the retirement points for the period in question. f. The applicant provides a document entitled Actual Points sorted for Standard FY showing at least twenty good retirement years, which shows if his points were calculated by FY he would have 21.2 years of service toward retirement. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, 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 and available military records, the Board determined based on the retirement year end changes, the applicant's unique situation caused him to be administratively unqualified for retirement, when he otherwise would have been. The Board determined there was sufficient evidence to show the applicant completed the training and submitted the proper documentation in a timely manner to his headquarters, but never received credit for the points allocated on his 1380’s. The Board found, at no fault of the applicant his records should be corrected to show he completed the training for the periods. The Board agreed moving retirement year points from is warranted. 2. However, during deliberation the Board determined the applicant’s DD Form 214 for the period ending 14 July 2001 should be corrected to show his characterization of service as honorable. Evidence in the record show the applicant received an military occupational specialty of 73C (Finance Specialist). 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARG : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 * amending the applicant’s DD Form 214 for the period ending 14 July 2001 to show his characterization of service as honorable. * move seven retirement points from his retirement year 9 June 2014 to 8 June 2015 where he has 121 to non-qualifying years * three points to 9 June 2013 to 8 June 2014, * one point to 9 June 2012 to 8 June 2013, and * three points to 9 June 2011 to 8 June 2012 on his chronological statement of retirement points 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records): a. Paragraph 2-2 (Criteria for earning retirement points) states retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training, initial active duty for training, involuntary active duty for training, voluntary Inactive Duty Training (IDT), annual training, IDT, membership points, and for other activities specified in this regulation. * Four-hour rule; Soldiers earn one point for each scheduled 4-hour period of IDT at Battle Assembly, Rescheduled Training, Equivalent Training, or Additional Training Assemblies * Two-hour rule; Soldiers earn one point for each IDT period per day for funeral honors duty with a maximum of one point per calendar day * Four/eight-hour rule; 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 1 calendar day b. Paragraph 3-3 (DA Form 1380) states nonpaid DA Forms 1380 will not be entered into ADARS and will be forwarded to the HRC for award of retirement points no later than the end of each duty month. 2. Department of Defense Instructions 1215.07 (Service Credit for Non-Regular Retirement) states inactive duty may be credited for each attendance at an IDT period. A maximum of 2 retirement points for attendance at IDT periods or equivalent training, in any 1 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. 3. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 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) AR20210017170 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1