IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220003382 APPLICANT REQUESTS: five retirement points for retirement year ending 18 August 2020 for language training completed. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) online application * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement * DA Form 3349 (Physical Profile Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Email Traffic * Enlisted Record Brief (ERB) * DA Form 5016 (Chronological Statement of Retirement Points) FACTS: 1. The applicant states, in effect: a. During Fiscal Year (FY) 2020, the COVID 19 pandemic started, and this affected her ability to complete scheduled drills and annual training. Her training was completed at home or remotely. During this year, she was also pregnant and considered high risk for infection. b. She was new to the U.S. Army Reserve (USAR) as she had previously been in the Utah ARNG (ARNG) and never had to complete a DA Form 1380. She was not familiar with the regulation and process for requesting credit for various types of training via a DA Form 1380. c. Her supervisor assigned tasks and trainings to be completed at home, to include language training. Her Military Occupational Specialty (MOS) is 35P (Army Cryptologic Linguist) and she is required to test and stay proficient in her language. d. She completed the training but did not know she was supposed to submit a DA Form 1380 to get points for that type of training. In order to correct her points for FY 2019-2020, she was advised by her officer in charge to submit a DA Form 1380 for the language training completed. e. She believes it is unfair given the circumstances that she did not complete 50 points for a good year. She completed required tasks and training remotely and in person when allowed. She also spent personal time completing administrative tasks from home for which most Reserve Soldiers do not get credit. f. She is requesting she be credited for five points for language training she completed, and which was required for her MOS for FY 2019-2020. She is submitting a DA Form 1380 signed by her officer in charge, a letter of referral from the U.S. Army Human Resources Command (HRC), her NGB Form 22 (Report of Separation and Record of Service) to prove her lack of knowledge and experience with using DA Forms 1380, her ERB for proof of her MOS, her pregnancy profile, and a statement of retirement points for the Board's consideration. 2. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows she enlisted in the ARNG on 19 August 2002 for a period of 8 years. b. She continued her service through extensions. c. On 1 July 2018, the applicant completed a DD Form 368 (Request for Conditional Release) wherein she was requesting release from the ARNG to enter into the USAR. On 20 September 2018, U.S. Africa Command, completed a memorandum for record accepting the applicant into the USAR. d. Orders Number 269-038, published by the ARNG, dated 26 September 2018 discharged the applicant from the ARNG, effective 19 September 2018. Orders Number 312-012, published by the same Headquarters, dated 8 November 2018, also discharged the applicant from the ARNG, effective 30 September 2018. e. On 30 September 2018, the applicant was issued an NGB Form 22 which shows she was honorably released from the ARNG. She completed 16 years, 1 month, and 12 days of net service. She was discharged for enlistment in another component of the U.S. Armed Forces. f. DD Form 4 shows the applicant enlisted in the USAR on 14 December 2018 for an indefinite period of time. g. DA Form 5016 shows for the retirement year beginning on 19 August 2019 and ending on 18 August 2020, the applicant earned 30 inactive duty (IDT) points, and 15 membership points, totaling 45 total points creditable. 3. The applicant provides the following documents, that were not previously considered, for the Board's consideration: a. DA Form 3349 dated 13 September 2020, which shows the applicant had a profile for pregnancy and her profile would expire on 25 December 2020. b. A DA Form 1380 dated 17 August 2021, which shows she had completed duty on 14 August 2020, 8 hours; 15 August 2020, 8 hours; and 16 August 2020, four hours for language training required for her MOS (total 5 points). The DA Form 1380 was digitally signed on 27 August 2021, by an officer having knowledge of the duties the applicant performed. c. An email from the Human Resources Assistant, dated 19 November 2021, which states in effect: (1) The DA Form 1380 was returned without action. (2) They were unable to process the DA Form 1380 for duty performed on 14-16 August 2020 due to it not being submitted in the timeline that complied with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3b which requires that nonpaid DA Forms 1380 be forwarded to HRC for award of retirement points not later than the end of each duty month. (3) The duty on the DA Form 1380 was performed in August 2020 and was signed in the month/year of August 2021. As a result, the DA Form 1380 was validated and forwarded to HRC, after the duty month. d. Her ERB, dated 21 January 2022, which shows her MOS as 35P. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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. The governing regulation provides that 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. Upon review of the applicant’s petition, available military records and the Human Resources Command advisory the Board concurred with the advisory official finding the applicant failed to submit the request in a timely manner, as required by regulation. The Board concluded there was insufficient evidence of an error or injustice which would warrant relief in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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: AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized. It discusses the procedures for recording retirement point credits and training. It provides guidance for the use of completing DA Form 1380. a. Chapter 2: Paragraph 2-4a states 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. b. Paragraph 3-3 states: (1) The purpose of this form is to record IDT by: (2) Troop Program Unit Soldiers performing Inactive Duty Training assemblies when pay is authorized, and the Soldier is not present to sign the Inactive Duty Training attendance roster. (3) Troop Program Unit Soldiers attached to another USAR unit for 89 or fewer days. In such cases the unit of attachment will prepare DA Form 1380 and forward to unit of assignment for recording attendance. (4) 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. (5) Non-unit Soldiers performing other IDT for retirement point credit. c. DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training with their unit subsequent to the scheduled Battle Assembly. Troop Program Unit units will retain one copy of the DA Form 1380 to post the appropriate entry into Automated Drill Attendance Reporting Software (ADARS) for the month's report and then place in the appropriate Army records information management system file. 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. DA Form 1380 will be scanned into the Soldier's iPERMS by the unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003382 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1