IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220003388 APPLICANT REQUESTS: retirement point credits for the period November 2013 through February 2018. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) online applications * 5 x DD Forms 1380 (Record of Individual Performance of Reserve Duty Training) * Orders Number 21-357-00023 FACTS: 1. The applicant states in effect: a. His unit submitted Army Reserve point corrections back in August and September 2021 to the Army Review Board Agency (ARBA), but his points have not been added to his record. The points are for about five to six years of incorrect points. The unit submitting the records was from. He earned the points claim. The evidence is at ARBA. His unit administrator personally checked to verify his claims and the commander agreed. The point corrections will affect his retirement pay, albeit in a small manner. b. He has asked his unit for years to update his points, but it never happened until his retirement was impending, the points corrections were finally submitted in August and September 2021. c. He had a lot of DA Forms 1380 and he believes they were sent to ARBA. His unit held off on submitting his retirement orders until they simply could not any longer. They were hoping the points would get updated. He eventually got his retirement orders a few days before they were effective on 31 December 2021. 2. The applicant's service records contain the following documents for the Board's consideration: a. A memorandum from Headquarters, U.S. Army Aviation Center and Fort Rucker, dated 29 September 1995 which appointed him as a Reserve warrant officer in the rank of Warrant Officer One (WO1). He served continuously until his transfer to the Retired Reserve for maximum age. b. A memorandum from the U.S. Army Reserve Personnel Command, dated 24 October 2001, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). c. DA Form 5016 (Chronological Statement of Retirement Points), dated 8 Dec 2022 shows he received: * Retirement year beginning on 23 September 2013 and ending on 22 September 2014, 23 inactive duty (IDT) points, 15 membership points, 38 total creditable points * Retirement year beginning on 23 September 2014 and ending on 22 September 2015, 4 IDT points, 15 membership points, 19 total creditable points * Retirement year beginning on 23 September 2015 and ending on 22 September 2016, 12 IDT points, 15 membership points, 14 active duty (AD) points, 41 total creditable points * Retirement year beginning on 23 September 2016 and ending on 22 September 2017, 10 IDT points, 15 membership points, 25 total creditable points * Retirement year beginning on 23 September 2017 and ending on 22 September 2018, 29 IDT points, 15 membership points, 6 AD points, 50 total creditable points d. The applicant's service record was void of DD Forms 1380 or information regarding missed retirement points. 3. The applicant provides the following documents for the Boards Consideration: a. Five DD Forms 1380, dated 23 August 2021, which show he completed training on the following dates: * 2 November 2013, 4 hours * 3 November 2013, 8 hours * 11 January 2014, 8 hours * 12 January 2014, 8 hours * 7 January 2014, 4 hours * 8 February 2014, 8 hours * 9 February 2014, 8 hours * 8 March 2014, 4 hours * 9 March 2014, 4 hours * 5 September 2014, 8 hours * 6 September 2014, 8 hours * 7 September 2014, 8 hours * 24 January 2015, 8 hours * 25 January 2015, 8 hours * 7 July 2015, 8 hours * 8 July 2015, 8 hours * 21 March 2015, 8 hours * 22 March 2015, 8 hours * 11 April 2015, 8 hours * 12 April 2015, 8 hours * 2 May 2015, 8 hours * 3 May 2015, 8 hours * 4 June 2015, 8 hours * 5 June 2015, 8 hours * 6 June 2015, 8 hours * 7 June 2015, 8 hours * 1 August 2015, 8 hours * 2 August 2015, 8 hours * 12 September 2015, 8 hours * 13 September 2015, 8 hours * 17 October 2015, 8 hours * 18 October 2015, 8 hours * 6 November 2015, 8 hours * 7 November 2015, 8 hours * 8 November 2015, 8 hours * 8 September 2016, 8 hours * 9 September 2016, 8 hours * 10 September 2016, 8 hours * 11 September 2016, 8 hours * 21 January 2017, 8 hours * 22 January 2017, 8 hours * 11 February 2017, 8 hours * 12 February 2017, 8 hours * 11 March 2017, 8 hours * 12 March 2017, 8 hours * 8 April 2017, 8 hours * 9 April 2017, 8 hours * 14 October 2017, 8 hours * 15 October 2017, 8 hours * 4 November 2017, 8 hours * 5 November 2017, 8 hours * 2 December 2017, 8 hours * 3 December 2017, 8 hours * 24 February 2018, 8 hours * 25 February 2018, 8 hours All of the DA Forms 1380 were signed by a certifying officer on 23 August 2021. b. Orders Number 21-357-00023, published by Headquarters, 63rd Readiness Division (U.S. Army Reserve), dated 23 December 2021, transferred the applicant to the Retired Reserve, effective 31 December 2021. 4. On 14 October 2022, the U.S. Army Human Resources Command (HRC), Chief, Operations and Readiness Division, provided the Board with an advisory opinion, which states in effect: a. The memorandum was in response to the request on behalf of the applicant. The applicant was requesting the accreditation of nonpaid retirement points for duty performed between November 2013 through February 2018. b. HRC reviewed the application, Army Regulation (AR) 140-185 (Training and Retirement Points Credits and Unit Level Strength Account Records) paragraph 3-3, which required that nonpaid DA Forms 130 be forwarded to HRC for award of retirement points no later than the end of each duty month. c. The DA Forms 1380 submitted with the application for duty for various months between November 2013 through February 2018 were prepared and submitted to HRC in August 2021. Furthermore, the DA Forms 1380 for various duty months were prepared citing attendance at Battle Assembly citing "Rule 1" in accordance with AR 140-185, dated 18 August 2018, table 2-3 "attendance of battle assembly for pay" the regulation cited was not in effect at the time of preparation. d. The DA Forms 1380 are not in accordance with regulatory guidance and were returned without action for non-compliance. HRC cannot process the DA Forms 1380 for points only without direction from the Board. 5. On 29 October 2022, the applicant was provided a copy of the advisory opinion to allow him the opportunity to respond. He did not respond. 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 U.S. Army Human Resources Command (HRC), Chief, Operations and Readiness Division, 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 DA Form 1380 is to record Inactive Duty Training 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 Inactive Duty Training 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 inactive duty training 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) AR20220003388 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1