IN THE CASE OF: BOARD DATE: 30 November 2022 DOCKET NUMBER: AR20220004044 APPLICANT REQUESTS: the award of retirement point credit for the duty reflected on three DA Forms 1380 (Record of Individual Performance of Reserve Duty Training). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record) * Exhibits A through J; ten emails * Exhibits L through M; three DA Forms 1380 FACTS: 1. The applicant states he was assigned to a U.S. Army Reserve (USAR) Troop Program Unit (TPU); although he was on the unit's books, he maintains he "never conducted a drill despite numerous attempts to determine my status as a reservist in the unit." a. The applicant subsequently transferred from the TPU to a unified combatant command "without knowing there was an application process in order to be officially accepted. Due to this, I was unable to perform normal TPU IDTs (inactive duty training) throughout the year since I was in a holding status as the unit was deciding whether to formally accept me." In July 2020, the applicant officially transferred to a U.S. Army Forces Command individual mobilization augmentee (FORSCOM IMA) billet. b. Between May and July 2020, the applicant was in the process of switching units, he completed "points-only" DA Forms 1380 so he could receive retirement point credit for IDT he had completed; however, he did not know he had to file them for processing before he left his outgoing unit. Two days after his reassignment to FORSCOM, he submitted three "points-only" 1380s, reflecting a total of 14 retirement points. After not receiving the points, the applicant resubmitted the forms through the FORSCOM G-1. c. For the Retirement Year (RY) 05/13/2020 to 05/12/2021, the applicant currently shows only 41 points, which puts him 9 points below the 50 points threshold required for a qualifying year for retirement purposes. When he planned his Reserve duty for 2020 through 2021, he had anticipated having the 14 points counted, and he thought his request for points had successfully processed; however, he never received any confirmation. In effort to verify that the points had been included, he emailed FORSCOM ten times. 2. The applicant provides copies of the aforementioned email correspondence, detailing his efforts to ensure the 14 points were properly counted. In addition, the applicant submits copies of the three DA Forms 1380, which reflect the following: a. One of the DA Forms 1380 is dated 17 June, and two are dated 23 July 2020; each reflects days in May, June, and July 2020 on which the applicant affirms he performed 4 hours of duty and, as a result, he earned 1 retirement point for every 4-hour period completed. As his authority for the points award, the applicant cites Table 2-3 (Award of Inactive Duty Training Retirement Points), Rule 10 (Perform Staff and Administrative Duties), Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). b. Between the three DA Forms 1380, the applicant reports earning 14 retirement points over a 14-day period; however, in completing the form, the applicant listed the location of duty in item 9 (The Above-Named Soldier Performed (Check Applicable Box) (Cite Authorization)) instead of item 9d (Location of Duties, Nature of Duties, Training, or Instruction). 3. A review of the applicant's service record shows: a. On 13 May 2004, after completing training as a cadet in the Army Reserve Officers' Training Corps, the applicant executed his oath of office as a USAR commissioned officer. On 29 May 2004, the applicant entered active duty to serve a 4-year term of obligated service, and he later executed an oath of office as a Regular Army commissioned officer; however, his DA Form 71 (Oath of Office – Military Personnel) is unavailable for review. b. On 22 August 2008, the applicant submitted his unqualified resignation; on 5 December 2008, the U.S. Army Human Resources Command (HRC) approved the applicant's resignation and directed his separation on 1 February 2009. c. On 1 February 2009, orders honorably released the applicant from active duty and transferred him to a USAR TPU; his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 8 months, and 3 days of net active-duty service. d. Effective 20 May 2012, Regional Support Command orders reassigned the applicant from his TPU to the USAR Control Group (Reinforcement) because the applicant had moved beyond reasonable commuting distance. HRC Orders, dated 25 March 2013, released the applicant from the USAR Control Group (Reinforcement) and reassigned him to a TPU. Between 1 September 2015 and 30 April 2019, orders called the applicant to active duty three times, during which he completed periods ranging from 3 months to over 1 year and included a deployment to Iraq. e. Effective 28 May 2020, HRC Orders promoted the applicant to lieutenant colonel. The applicant's last three DA Forms 67-10-2 (Field Grade Plate (O4-O5; CW3-CW5) Officer Evaluation Report (OER)) reflect changes in the applicant's component status code; for the below-listed rating periods, his component status code was: * 20190426 through 20200721 – TPU * 20200722 through 20210625 – Drilling Individual Mobilization Augmentee (DIMA) * 20210626 through 20220625 – IMA f. On 26 October 2022, HRC provided an advisory opinion. (1) According to paragraph 3-3 (DA Form 1380), AR 140-185, nonpaid DA Forms 1380 must be forwarded to HRC not later than the end of each month when the duty is performed. (2) The applicant's submissions did not comply with the regulation, and HRC returned them without action. HRC cannot process the applicant's DA Forms 1380 without the Army Review Boards Agency (ARBA) directing it to do so. g. On 2 November 2022, ARBA provided the applicant a copy of the advisory opinion for review and the opportunity to submit a statement or additional evidence on his own behalf; the applicant did not respond. h. On 4 November 2022, the analyst of record (AOR) contacted the HRC point of contact listed on the advisory opinion to clarify the following statement on the advisory: "These submissions (referring to the applicant's DA Forms 1380) did not meet regulatory guidance and were returned without action." In addition to not forwarding the forms to HRC in a timely manner, the applicant had incorrectly placed the location of his duty in item 9 rather than item 9d; however, apart from this error, HRC had no other concerns with the DA Forms 1380 and would accept them if so directed by the Board. 4. AR 140-185, currently in effect, prescribes procedures for establishing and maintaining retirement points records and describes the types of training and activities for which retirement points are authorized. a. Paragraph 2-1 (Crediting and Awarding Retirement Points) states retirement points credited for activities other than active service or funeral honors duty may not exceed 130 points for anniversary years closing on or after 30 October 2007. b. Paragraph 2-2 (Criteria for Earning Retirement Points) states USAR Soldiers may earn retirement points for voluntary IDT, such as training in a non-pay status. c. Paragraph 2-4 (Criteria for Awarding Retirement Points) refers to Table 2-3 for a list of the specific IDT retirement requirements, and subparagraph b (4) shows the "Four/Eight-Hour Rule" allows Soldiers to earn one point for each 4-hour or greater period they have completed. Rule 10 in Table 2-3 states Soldiers can receive credit for performing staff and administrative duties; this rule applies to Soldiers who are assigned or attached, are not the USAR unit's commander, and are not Federal government employees performing duties in a civilian status. d. Paragraph 3-3 requires non-unit Soldiers performing the other IDT for retirement point credit allowed in Table 2-3 to forward their DA Forms 1380 to HRC no later than the end of each duty month. 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 and correction of location of his duty in item 9 rather than item 9d. 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: * 20190426 through 20200721 – TPU * 20200722 through 20210625 – Drilling Individual Mobilization Augmentee (DIMA) * 20210626 through 20220625 – IMA and * location of his duty in item 9 rather than item 9d. 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, currently in effect, prescribes procedures for establishing and maintaining retirement points records and describes the types of training and activities for which retirement points are authorized. a. Paragraph 2-1 (Crediting and Awarding Retirement Points) states retirement points credited for activities other than active service or funeral honors duty may not exceed 130 points for anniversary years closing on or after 30 October 2007. b. Paragraph 2-2 (Criteria for Earning Retirement Points) states USAR Soldiers may earn retirement points for voluntary IDT, such as training in a non-pay status. c. Paragraph 2-4 (Criteria for Awarding Retirement Points) refers to Table 2-3 for a list of the specific IDT retirement requirements, and subparagraph b (4) identifies the "Four/Eight-Hour Rule," which indicates Soldiers can earn one point for each 4-hour or greater period completed. Rule 10 in Table 2-3 allows Soldiers to receive credit for performing staff and administrative duties; this rule applies to Soldiers who are assigned or attached, are not the USAR unit's commander, and are not Federal government employees performing duties in a civilian status. d. Paragraph 3-3 requires non-unit Soldiers performing other IDT for retirement point credit, as allowed in Table 2-3, to forward their DA Forms 1380 to HRC no later than the end of each duty month. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004044 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1