IN THE CASE OF: BOARD DATE: 19 October 2022 DOCKET NUMBER: AR20220001860 APPLICANT REQUESTS: correction of retirement points. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 21-278-00009, 5 October 2021 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), 7 November 2021 * Email communication * Memorandum – Subject: Late Submittal of DA Form 1380 Retirement Points, 1 December 2021 * Email communication FACTS: 1. The applicant states in pertinent part that she performed duty for points only in September 2021. She submitted her DA Form 1380 to her administrator upon completion, but the document was not processed and returned without action from the U.S. Army Human Resources Command (HRC). At the time of application, she was scheduled to retire in December 2021. 2. A review of the applicant's available service records reflects the following: a. After serving as an enlisted Soldier, the applicant was appointed a Reserve commission as a Warrant Officer on 21 February 2007. b. On 13 March 2014, the applicant received her Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-year letter). c. On 5 April 2020, 377th Theater Sustainment Command issued Orders Number 20-096-00009 reassigning the applicant from the U.S. Army Reserve Element to Headquarters and Headquarters Company, 377th Combat Support Command, effective 6 April 2020. d. On 5 October 2021, Headquarters, 81st Readiness Division (USAR) issued Orders Number 21-278-00009 reassigning the applicant to the Retired Reserve, effective 31 December 2021. e. On 13 April 2022, HRC retroactively issued Orders Number C04-292279 placing the applicant on the retired list, effective 1 January 2022. 3. The applicant provides the following a: a. DA Form 1380 dated 7 November 2021, reflective of the applicant's performance of duty for points only (8 points) from 13-16 September 2021. The document does not contain the signature of the applicant's commander and or other person having knowledge of her performance of duty during this period. b. Email communication reflective of Mr. , the Army Reserve Administrator (ARA) for the 469th Finance Support Center submitted request for the correction of the applicant's retirement points. Mr. notes that he was assisting the applicant's unit with the processing of actions due to the unexpected resignation of her previously assigned ARA. c. Memorandum – Subject: Late Submittal of DA Form 1380 Retirement Points, dated 1 December 2021, reflective of the Mr. submitted justification for the late submission of the applicant's DA Form 1380. He notes that the applicant performed various staff functions, conference calls and weekly synchronization meetings during the month of September 2021. He again notes that the late submission was due to the unexpected resignation of the applicant's previous ARA. d. Email communication reflective of HRC returning the applicant's submitted DA Form 1380 due to its late submission. The applicant was redirected to this Board to request relief. 4. DA Form 5016 (Chronological Statement of Retirement Points) for Retirement Year Ending on 8 February 2021 (covering the period of 9 February 2020 – 8 February 2021) the applicant's records reflect a total of 128 total creditable retirement points (61 Active Duty Training (ADT), 52 Inactive Duty (IDT) and 15 membership points received. 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 and available military records the Board determined there was sufficient evidence to show the applicant completed the training and submitted the proper documentation in a timely manner to her headquarters, but never received credit for the points allocated on her 1380’s. The Board determined; at no fault of the applicant her records should be corrected to show she completed the training for performance of duty for points only (8 points) from 13-16 September 2021 based on the DA Form 1380’s. Based on this, the Board granted relief correct her 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 her DA Form 1380’s in a timely manner to the Readiness Division for points only (8 points) from 13-16 September 2021. 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. Army Regulation (AR) 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 U.S. Army Reserve (USAR) Soldiers. a. Paragraph 2–2, states retirement points may be earned by USAR Soldiers for active 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 are awarded 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, or make 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 the day'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 during any single calendar day c. Paragraph 3-3(b) provides that a DA Form 1380 will be prepared for a unit Soldier 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. 2. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//