IN THE CASE OF: BOARD DATE: 5 January 2023 DOCKET NUMBER: AR20220005767 APPLICANT REQUESTS: correction of her retirement points for the time frame from 1992 to 1998 to reflect the inclusion of service for 6 retirement points. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 23 January 1993 * DA Form 2-1 (Personnel Qualification Record – Part II) Section VII (Current and Previous Assignments) * Orders Number D-03-018523, 28 March 2000 * National Personnel Record Center (NPRC) letter, 8 February 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 she attended annual trainings from 1992 to 1998 and was never granted retirement points for these training events, totaling 6 retirement points. 3. A review of the applicant's available service records reflects the following: a. On 25 March 1992, she enlisted in the U.S. Army Reserve (USAR) for a period of 8 years. b. DA Form 2-1, Section VII (Current and Previous Assignments), item 35 (Record of Assignments) reflects military occupational specialty 71L (Clerk Typist) and service with the following units: (1) C Company, 4th Battalion, 13th Infantry Regiment, 1st Brigade, Fort Jackson, SC from 2 October 1992 to 24 November 1992. (2) A Company, 369th Adjutant General Battalion, 4th Training Brigade, Fort Jackson, SC from 24 November 1992 to 22 January 1993. (3) Headquarters and Headquarters Company, 169th Support Group, Cleveland, OH, from 23 January 1993 to 2 October 1993. (4) Headquarters and Headquarters Detachment, 319th Quartermaster Battalion, Cleveland, OH, from 3 October 1993 to 4 October 1996. c. DD Form 214, ending 23 January 1993 reflects an uncharacterized discharge for release from active duty, expiration term of service. Item 12 (Record of Service) reflects active duty service from 24 September 1992 to 23 January 1993 with a net active service this period of 4 months. d. On 30 September 1993, the Department of the Army, 83rd U.S. Army Reserve Command, Columbus, OH, issued Orders Number 129-017 relieving her from her current assignment due to unit inactivation, effective 4 October 1993. e. On 28 March 2000, the Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, MO, issued Orders Number D-03-018532 honorably discharging her from the USAR, effective 28 March 2000. f. DA Form 5016 (Chronological statement of Retirement Points), dated 20 December 2022 reflects the following: (1) For the retirement year covering 25 March 1996 to 24 March 1997, the applicant earned 18 Inactive Duty (IDT) points, 15 membership points, 15 active duty points, totaling 48 total points creditable. (2) For the retirement year covering 25 March 1997 to 24 March 1998, the applicant earned 15 membership points, totaling 15 total points creditable. (3) For the retirement year covering 25 March 1998 to 24 March 1999, the applicant earned 15 membership points, totaling 15 total points creditable. 4. On 22 September 2022, the Retirement Services Officer, Headquarters, United States Army Reserve Command, provided an advisory opinion recommending disapproval of the applicant's request citing the United States Army Reserve Command (USARC) and the NPRC reviewed the applicant’s record and were unable to locate documentation that supports the awarding of additional retirement points. USARC recommends she provide source documents in accordance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) paragraph 3-1, to verify service completion from 1993-1998. 5. On 3 October 2022, the applicant was provided with a copy of the advisory opinion to provide a response. She did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board concurred with the conclusion of the advisory official that the available evidence is insufficient as a basis for adding retirement points to the applicant’s record. In the absence of evidence confirming her claim, the Board determined her retirement points are correct as currently recorded. 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: 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 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// ABCMR Record of Proceedings (cont) AR20220005767 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1