ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE:  24 October 2022 DOCKET NUMBER: AR20210017658 


APPLICANT REQUESTS:  correction of retirement points from May 2017- May 2020. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Email communication

•DA Forms 1380 (Record of Individual Performance of Reserve Duty Training)

•Inactive Duty Training (IDT) Attendance Roster

•Unit Transactions

•Form 5 (Request for Authorization for Rescheduled Training (RST) EquivalentTraining (ET), Excuse from Regular Scheduled Unit Training, or AdditionalTraining)

•Preview Unit Transactions

•Transmittal Letter History



FACTS: 

1.The applicant states in pertinent part that his retirement points from May 2017-2020are incorrect. He contests that he advised his unit of this error in September 2020

2.A review of the applicant's available service records reflects the following:

a.On 12 November 2012, the applicant was released from active duty withentitlement to Separation Pay. DD Form 214 (Certificate of Release or Discharge from Active Duty) item 9 (Command to Which Transferred) reflects that the applicant was transferred to the 3rd Brigade 6th Battalion 95th Military Intelligence (MI) Regiment, a U.S. Army Reserve (USAR) unit, following his discharge.  



b.On 2 September 2022, the applicant received his Notification of Eligibility forRetired Pat at Non-Regular retirement (20-Year Letter). 



3.The applicant provides the following a:

a.Email communication reflective of the applicant's submitted DA Forms 1380being returned without action from the U.S. Army Human Resources Command (HRC) for a variety of reasons to include noncompliance with the requirement to submit the documents "no later than the end of the month that the duty is performed." The applicant was redirected to this Board to request relief.  



b.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 8-9 February 2020 (4 points). 



c.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 11-13 September 2020 (6 points). 



d.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 17-18 October 2020 (4 points). 



e.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 7-8 and 12 November 2020 (5 points). 



f.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 12-13 December 2020 (4 points). 



g.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 9-10 January 2021 (4 points). 



h.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 23-25 April 2018 (6 points). 



i.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 12-14 April 2019 (6 points). 



j.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 4-5 August 2018 (4 points). 



k.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 7-8 December 2019 (4 points). 



l.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 9-10 February 2019 (4 points). 



m.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 11-12 January 2020 (4 points). 



n.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 5-6 May 2018 (4 points). 



o.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 12-14 October 2018 (6 points). 



p.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 4-5 March 2017 (4 points). 



q.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 6-7 January 2018 (4 points). 



r.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 2-3 December 2017 (4 points). 



s.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 4-5 November 2017 (3 points). 



t.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 9-10 September 2017 (4 points). 



u.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 5-6 August 2017 (4 points). 



v.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 6-7 May 2017 (4 points). 



w.DA Form 1380 dated 6 December 2021, reflective of duty performed for pointsonly from 7-8 January 2017 (4 points). 



x.Inactive Duty Training (IDT) Attendance Roster reflective of the 95th Regiment,6th Battalion (Military Intelligence) January 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 7-8 January 2017 along with the phrase "points only." 



y.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) March 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 4-5 March 2017 along with the phrase "points only." 



z.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) May 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 6-7 May 2017 along with the phrase "points only." 



aa. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) August 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 5-6 August 2017 along with the phrase "points only." 



bb. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) September 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 9-10 September 2017 along with the phrase "points only." 



cc.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) November 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 4-5 November 2017 along with the phrase "points only." 



dd. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) December 2017 Battle Assembly sign in sheet. The applicant's initials are reflected for 2-3 December 2017 along with the phrase "points only." 



ee. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) January 2018 Battle Assembly sign in sheet. The applicant's initials are reflected for 6-7 January 2018 along with the phrase "points only." 



ff. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) May 2018 Battle Assembly sign in sheet. The applicant's initials are reflected for 5-6 May 2018 along with the phrase "points only." 



gg. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) August 2018 Battle Assembly sign in sheet. The applicant's initials are reflected for 4-5 August 2018 along with the phrase "points only." 



hh. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) October 2018 Battle Assembly sign in sheet. The applicant's initials are reflected for 12-14 October 2018 along with the phrase "points only." 



ii.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) February 2019 Battle Assembly sign in sheet. The applicant's initials are reflected for 9-10 February 2019 along with the phrase "points only." 



jj. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) April Battle Assembly sign in sheet. The applicant's initials are reflected for 12-14 April 2019 along with the phrase "points only."



kk. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) December 2019 Battle Assembly sign in sheet. The applicant's initials are reflected for 7-8 December 2019 along with the phrase "points only." ll.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) January Battle Assembly sign in sheet. The applicant's initials are reflected for 11-12 January 2020 along with the phrase "points only." 



mm.IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (MilitaryIntelligence) February Battle Assembly sign in sheet. The applicant's initials are reflected for 8-9 February 2020 along with the phrase "points only." 



nn. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) September Battle Assembly sign in sheet. The applicant's initials are reflected for 11-13 September 2020. 



oo. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) October Battle Assembly sign in sheet. The applicant's initials are reflected for 17-18 October 2020. 



pp. IDT Attendance Roster reflective of the 95th Regiment, 6th Battalion (Military Intelligence) November Battle Assembly sign in sheet. The applicant's initials are reflected for 7-8 November 2020. 



qq. Unit Transactions reflective of the applicant being present for duty from 23-25 April 2018 in a pay status.



rr. Form 5 reflective of the applicant's approved request to be excused from the 6-8April 2018 Battle Assembly and to make this training up on 23-25 April 2018. 



ss. Preview Unit Transactions reflective of the applicant's performance of duty from 12-13 December 2020 and 9-10 January 2021 for points only.



tt. TL History reflective of the documentary evidence of transactions processed fromFiscal Year (FY) 2017-2021 pertaining to the applicant's performance of duty in a non-pay status during this period.  



4.On 30 August 2022, Headquarters, U.S. Army Reserve Command, RetirementServices Officer provided an advisory opinion recommending approval of the applicant'srequest in its entirety.


BOARD DISCUSSION: 

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 contentions, the military record, and regulatory guidance.  The Board considered and concurred with the Headquarters, U.S. Army Reserve Command, Retirement Services Officer’s advisory opinion which recommended approval of the request in it’s entirety. Based on the preponderance of the documentation available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 






































BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX XXX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented 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 to show the provided  DA Forms 1380 were turned in to the appropriate USAR Readiness Division in a timely manner and that they were properly considered, in which the Readiness Division will determine the appropriate amount of service credit to add to the applicant’s record. (points) 

Microsoft Office Signature Line...




REFERENCE: 

Army Regulation 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 foractive 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 areawarded 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, ormake 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 assembly's 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 theday'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 duringany single calendar day



c.Paragraph 3-3(b), provides that a DA Form 1380 will be prepared for a unitSoldier 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. 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 Integrated Personnel Electronic Records Management System record by the unit of assignment.  
 
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