IN THE CASE OF: 

		BOARD DATE:  7 September 2022

		DOCKET NUMBER: AR20220001330


APPLICANT REQUESTS:  correction of his retirement points to reflect the inclusion of 
service performed between 3 November 2014 to 31 July 2017 for a total of 170 points.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), 
ranging from November 2014 to July 2017
*	Memorandum: Subject: Letter of Lateness, dated 6 August 2017
*	U.S. Army Human Resources Command (HRC) Memorandum, dated 
4 May 2020
*	Retirement Points List
*	Memorandum for Record, Subject: U.S. Army Reserve Retirement Points 
Submission Letter of Information and Support, dated 26 May 2020

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 the USAR retirement points in question 
(170 in total) were never correctly administratively processed by the 80th Training 
Command and subsequently never reflected on his DA Form 5016 (Chronological 
Statement of Retirement Points) due to variety of factors including understaffing, 
changes in regulations, and administrative failure. The ongoing efforts were noted in the 
letter of lateness signed by his command and submitted in 2017, and he requests the 
credit of all missing retirement points.

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

   a.	On 20 October 1986, the applicant enlisted in the USAR.

   b.	On 24 June 1987, the applicant was honorably discharged from the USAR.

   c.	On 25 June 1987, he was appointed as a Reserve commissioned officer.

   d.	On 23 June 2017, Orders Number 17-174-00014 issued by Headquarters, 99th 
Regional Support Command was issued releasing him to the Retired Reserve, effective 
1 August 2017 for maximum authorized years of service. 

4.  The applicant provides the following a: 

   a.	DA Form 1380 dated 30 November 2014, showing the applicant completed 
training on 3,9,12,18, and 26 November 2014 for 4 hours each day, totaling 5 points.

   b.  DA Form 1380 dated 31 December 2014, showing the applicant completed 
training on 11,15,17, and 18 December 2014 for 4 hours on 11 and 15 December 2014 
and 8 hours each day on 17 and 18 December 2014, totaling 6 points.
   
    c.  DA Form 1380 dated 31 January 2015, showing the applicant completed training 
on 13,21, and 22 January 2015 for 4 hours each day, totaling 3 points.
    
   d.  DA Form 1380 dated 28 February 2015, showing the applicant completed training 
on 9,17,18,23,24, and 25 February 2015 for 4 hours each day, totaling 6 points.
   
   e.  DA Form 1380 dated 31 March 2015, showing the applicant completed training 
on 1,5,12,15,23,26,29,30, and 31 March 2015 for 4 hours each day and 24 March 2015 
for 8 hours, totaling 11 points.
   
   f.  DA Form 1380 dated 30 April 2015, showing the applicant completed training on 
23 and 25 April 2015 for 4 hours each day and 28 and 29 April 2015 for 8 hours each 
day, totaling 6 points.
   
   g.  DA Form 1380 dated 31 May 2015, showing the applicant completed training on 
11,18,21 and 29 May 2015 for 4 hours each day and 31 May 2015 for 8 hours, totaling 6 
points.
   
   h.  DA Form 1380 dated 30 June 2015, showing the applicant completed training on 
5,17,21,24,25, and 30 June 2015 for 4 hours each day and 28 June 2015 for 8 hours, 
totaling 8 points.
   
i.	DA Form 1380 dated 31 July 2015, showing the applicant completed 
training on 8,10,27, and 28 July 2015 for 4 hours each day and 29, 30, and 31 July 
2015 for 8 hours each day, totaling 10 points.

     j.  DA Form 1380 dated 31 August 2015, showing the applicant completed training 
on 4,8,20,21,27,28,30, and 31 August 2015 for 4 hours each day and 6,12, and 25 
August 2015 for 8 hours each day, totaling14 points.

     k.  DA Form 1380 dated 30 September 2015, showing the applicant completed 
training on 9,10,14,17,23,24, and 30 September 2015 for 4 hours each day and 8 
September 2015 for 8 hours, totaling 9 points.

     l.  DA Form 1380 dated 18 October 2015, showing the applicant completed training 
on 1,5,6,7,12,14, and 16 October 2015 for 4 hours each day, totaling 7 points.

    m.  DA Form 1380 dated 31 October 2015, showing the applicant completed training 
on 19 October 2015 for 4 hours, totaling 1 point.  

     n.  DA Form 1380 dated 30 November 2015, showing the applicant completed 
training on 8 and 11 November 2015 for 4 hours each day and 12 November 2015 for 8 
hours, totaling 4 points.

     o.  DA Form 1380 dated 31 December 2015, showing the applicant completed 
training on 2,9,11,15,23, and 28 December 2015 for 4 hours each day, totaling 6 points.

     p.  DA Form 1380 dated 31 January 2016, showing the applicant completed training 
on 8,9,19, and 26 January 2016 for 4 hours each day, totaling 4 points.

     q.  DA Form 1380 dated 29 February 2016, showing the applicant completed training 
on 1,4,8,15,23, and 26 February 2016 for 4 hours each day and 25 February 2016 for 8 
hours, totaling 8 points.

     r.  DA Form 1380 dated 31 March 2016, showing the applicant completed training on 
7,8,16, and 22 March 2016 for 4 hours each day, totaling 4 points. 
   
   s.  DA Form 1380 dated 31 July 2016, showing the applicant completed training on 
26 July 2016 for 8 hours, totaling 2 points.
   
   t.  DA Form 1380 dated 30 November 2016, showing the applicant completed 
training on 1,3,21,22,28,29, and 30 November 2016 for 4 hours each day, totaling 7 
points.
   
   u.  DA Form 1380 dated 31 March 2017, showing the applicant completed training 
on 11,12,13,18,21, and 23 March 2017 for 4 hours each day, totaling 6 points.
   
   v.  DA Form 1380 dated 28 April 2017, showing the applicant completed training on 
3,4,10,11,13,19,26,27, and 28 April 2017 for 4 hours each day, totaling 9 points.
   w.  DA Form 1380 dated 28 April 2017, showing the applicant completed training on 
1,3,8,11,12, and 28 May 2017 for 4 hours each day, totaling 6 points.
   
   x.  DA Form 1380 dated 30 June 2017, showing the applicant completed training on 
22 June 2017 for 4 hours, totaling 1 point.
   
   y.  DA Form 1380 dated 29 July 2017, showing the applicant completed training on 
29 and 30 July 2017 for 4 hours each day, totaling 2 points.
   
    z.  Memorandum: Letter of Lateness, dated 6 August 2017, depicting the reason for 
the late submission of the DA Forms 1380 for 2015 and 2016, and requesting approval 
of the retirement points to be added to his service record. 

    aa.  HRC Memorandum response, dated 4 May 2020 denying the addition of the 
requested retirement points stating the forms were not in compliance with Army 
Regulation (AR) 140-1 (Mission, Organization, and Training) chapter 3, authority for 
training is missing or incorrect; name, grade, and position of officer having knowledge of 
duties performed is blank or an unauthorized person; and AR 140-185 (Training and 
Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3, 
"DA Forms 1380 should be forwarded to HRC for award of retirement points no later 
than the end of each duty month. Therefore, a digital signature date that exceeds the 
end of the duty month will not be in compliance with the aforementioned regulation and 
should be sent to the Army Board for Correction of Military Records (ABCMR) with any 
additional supporting documents to justify the circumstances.”

     bb.  Retirement Points chronological list print out detailing the dates of service for 
retirement points credit from 13 September 1994 through 31 July 2017.

   cc.	 Memorandum for Record, Subject: USAR Retirement Points Submission Letter 
of Information and Support, dated 26 May 2020 from Colonel J- C-, providing details
of his support for the applicant to be awarded the missing retirement points.

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 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, available military records and the 
Human Resources Command advisory 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 determined, at no fault of the applicant his 
records should be corrected to show he completed the training for the periods of 3 
November 2014 through 31 July 2017, for a total of 170 points based on the DA Form 
1380’s.  Based on this, the Board granted relief correct his retirement points to reflect 
the inclusion of service performed.


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 to show the applicant 
submitted his DA Form 1380’s in a timely manner to Human Resources Command for 
the periods of 3 November 2014 through 31 July 2017, which totaled 170 retirement 
point for service performed.


		  
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) Paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is 
utilized to record Inactive Duty Training (IDT) performed by non-unit Soldiers under the 
jurisdiction of HRC who are attached for retirement points only to USAR Troop Program 
Units, Army National Guard 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.

   a.	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.

   b.	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. 

   c.	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. 


//NOTHING FOLLOWS//