IN THE CASE OF: BOARD DATE: 11 May 2023 DOCKET NUMBER: AR20220006932 APPLICANT REQUESTS: Correction of her retirement points for retirement year 2007- 2008. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Defense Joint Military Pay System-Reserve Component (DJMS-RC) Master Military Pay Account (MMPA) Print, covering period December 2006 to December 2020 * Orders Number 22-101-00031 issued by Headquarters, U.S. Army Reserve Command, 11 April 2022 * Self-authored Statement, 12 April 2022 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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: a. She is short 3 points for a good year from 2007 to 2008. Her Retirement Year End (RYE) date was October. In October 2022, she reached 19 years, but on paper, she was only credited with 18 years. She was in the Reserve Officers' Training Corps (ROTC) while attending the Leadership Development Course from July 2007 to August 2007. She missed two Battle Training Assemblies (BTA), but was not allowed to make up the BTAs. b. She was attending a leadership course in preparation for her commission and could not attend BTA. During the timeframe of the BTA, the State of Oklahoma was mobilized, and the majority of cadets were under one command. Unfortunately, cadets were not given the opportunity to make up BTAs that conflicted with mandatory ROTC exercises. It is unfair and unjust to be penalized for serving in the Oklahoma Army National Guard (OKARNG) while also choosing to improve herself by simultaneously enrolling in the ROTC. c. Since her commission, she has had good years in the Georgia Army National Guard (GAARNG) and the U.S. Army Reserve (USAR). Without the 3 points, her 18.5 years of service to this country, to include a deployment to Iraq, would be meaningless and without value. She has given much to this country and deserves the opportunity to complete 20 years and retire. 3. The applicant's service record shows: a. On 31 October 2003, the applicant enlisted in the ARNG. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows she enlisted for 8 years. National Guard Bureau (NGB) Form 21 (Annex A to DD Form 4) shows the applicant enlisted as a non-prior service member and would be a member of an Army National Guard unit for 6 years and a member of the Individual Ready Reserve or Inactive national Guard for the balance of her service obligation. b. U.S. Army 4th ROTC Region, Senior Program letter, dated 22 August 2005, shows the applicant enrolled in the ROTC Simultaneous Membership Program (SMP) as a ARNG member. c. DA Form 597 (Army Senior ROTC Nonscholarship Cadet Contract), dated 6 September 2005, shows the applicant was enrolled in the ROTC at Oklahoma State University from 22 August 2005 to 15 December 2007. d. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 18 November 2005, shows the applicant voluntarily extended her enlistment for 2 years and 18 days. Her expiration term of service changed from 30 October 2009 to 18 November 2011. e. Orders Number 121-021 issued by the OKARNG, Joint Force Headquarters, dated 30 April 2008, honorably discharged the applicant from the ARNG, effective 1 May 2008. f. NGB Form 22 (Report of Separation and Record of Service), ending on 1 May 2008, shows the applicant was honorably released from the OKARNG. (1) Item 10(a) (Net Service This Period) – 4 years, 6 months, and 1 day. (2) Item 10(d) (Total Service for Pay) – 4 years, 6 months, and 1 day. (3) Item 10(e) (Total Service for Retired Pay) – 3 years, 6 months, and 1 day. (4) Item 23 (Authority and Reason) – Appointed as a Commissioned Officer in any Regular Component of the Army. g. DA Form 71 (Oath of Office – Military Personnel), dated 2 May 2008, shows she took the oath of office as a commissioned officer. h. Orders Number 137-027 issued by Department of Defense, Military Division, dated 6 May 2008, appointed the applicant as a second lieutenant (2LT)/O-1 in the ARNG Medical Corps. The Additional Instructions stated: * Pay Entry Basic Date – 31 October 2003 * Retirement Year Begins – 31 October * Commission Service Date – 2 May 2008 i. Orders Number 170-055 issued by the Department of Defense, Military Division, Office of the Adjutant General, dated 19 June 2009, ordered the applicant to active duty in support of Operation Iraqi Freedom, effective 24 June 2009 not to exceed 378 days. j. DD Form 214, ending on 25 May 2010, shows the applicant was honorably released from active duty. (1) Block 12a (Date Entered Active Duty Service) – 24 June 2009. (2) Block 12c (Net Active Service This Period) – 0 years, 11 months, and 2 days. (3) Block 12d (Total Prior Active Service) – 0 years, 8 months, and 6 days. (4) Block 12e (Total Prior Inactive Service) – 4 years, 11 months, and 17 days. (5) Block 12f (Foreign Service) – 0 years, 9 months, and 15 days. (6) Block 18 (Remarks) – Service in Iraq from 25 July 2009 to 9 May 2010. k. Orders Number 182-242 issued by the Department of Defense, Military Division, Office of the Adjutant General, dated 1 July 2010, amended Orders Number 170-055, dated 19 June 2009, to revise the period of active duty from 378 days to 336 days. l. NGB Form 22, ending on 21 September 2010, shows the applicant was honorably released from the GAARNG. (1) Item 10(a) (Net Service This Period) – 2 years, 4 months, and 20 days. (2) Item 10(b) (Prior Reserve Component Service) – 4 years, 1 month, and 3 days. (3) Item 10(c) (Prior Active Federal Service) – 0 years, 4 months, and 28 days. (5) Item 10(d) (Total Service for Pay) – 6 years, 10 months, and 21 days. (6) Item 10(e) (Total Service for Retired Pay) – 5 years, 10 months, and 21 days. m. DA Form 71, dated 22 September 2010, commissioned the applicant as a Reserve Officer. n. Orders Number 291-740 issued by the Adjutant General, State of Georgia, dated 18 October 2010, separated the applicant from the ARNG, effective 21 September 2010. o. Special Orders Number 236 AR issued by the NGB, dated 25 October 2010, withdrew the applicant's federal recognition status due to transfer to the USAR, effective 21 September 2010. p. Orders Number 22-101-00031 issued by Headquarters, U.S. Army Reserve Command, dated 11 April 2022, discharged the applicant from the USAR due to being a two time non-select for promotion, effective 11 May 2022. q. DA Form 5016 (Chronological Statement of Retirement Points), dated 9 May 2023, shows for retirement year beginning on 31 October 2006 and ending on 30 October 2007 shows the applicant earned 32 Inactive Duty Training (IDT) points, 15 membership points, totaling 47 points creditable. It also shows: * 752 IDT Points * 278 Membership Points * 984 Active Duty Points * 17 years, 0 months, and 2 days Qualifying for Retirement * 2014 Total Points Creditable 4. The applicant provides: a. DJMS-RC MMPA Print, covering period December 2006 to December 2020, showing the pay history for each year. * DJMS-RC MMPA Print, dated December 2006 DJMS-RC MMPA Print, dated December 2009 * DJMS-RC MMPA Print, dated December 2010 * DJMS-RC MMPA Print, dated December 2011 * DJMS-RC MMPA Print, dated December 2012 * DJMS-RC MMPA Print, dated December 2013 * DJMS-RC MMPA Print, dated December 2014 * DJMS-RC MMPA Print, dated December 2015 * DJMS-RC MMPA Print, dated December 2016 * DJMS-RC MMPA Print, dated December 2017 * DJMS-RC MMPA Print, dated December 2018 * DJMS-RC MMPA Print, dated December 2019 * DJMS-RC MMPA Print, dated December 2020 b. Self-authored Statement dated 12 April 2022, wherein the applicant appealed her discharge initiated since her RYE did not match the actual number of years that she served. (1) Records showed that she was 3 points shy of 18 years. Her Leave and Earnings Statement from 2007 to 2008 indicated that she was 3 points short of a good year for missing 2 BTAs between July and August. She missed the BTAs while serving as an enlisted Soldier. She was also enrolled in the ROTC attending the Leadership Development Course which is mandatory training for commissioning as an officer. (2) When she commissioned from the ROTC in 2008, she was also serving in the Army. She was informed that her ROTC service is the reason her retirement points are incorrect. She joined the USAR in 2003 and had good years until she joined the ROTC. (3) Serving in the military and ROTC should complement each other and no one should be penalized for a conflict between attending weekend training and a mandatory class. She is being penalized and 18.5 years of her life is being negated for 5 months because she missed two BTAs while attending a mandatory Leadership Development Course (4) She has reached out to the OKARNG and GAARNG as well as her own command. She should not be forced out due to an error. She requests that the Board: * Revise her discharge to October 2022, when she would have reached 18 years * Correct her retirement points * Allow her to finish her 20 years and retire 5. In the processing of this case, an advisory opinion was obtained from the U.S. Army Reserve Command, Chief, Soldier Programs Branch, on 7 February 2023. The advisory official recommended denying the applicant's request, stating in pertinent part, that she was not eligible to receive any missing inactive duty points from 2007 to 2008. In accordance with Army Regulation (AR) 140-185 (Army Reserve - Training and Retirement Point Credits and Unit Level Strength Accounting Records), points cannot be awarded for unperformed duties. In addition, there was no substantiating documents that demonstrated that she received a good year. 6. The advisory opinion was provided to the applicant to afford her the opportunity to respond to its content. She did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found relief is warranted. 2. A majority of the Board noted that the applicant was, in essence, three retirement points shy of reaching “sanctuary” status with 18 years of service qualifying for non- regular retired pay. A majority of the Board determined her separation was an injustice that may be remedied by moving three excess retirement points from a “good” year to her retirement year ending 30 October 2007. This correction will place the applicant in “sanctuary” status and will be a basis for revoking her discharge orders and returning her to an active status so she may complete 20 years of service to qualify for non- regular retired pay. 3. The member in the minority concurred with the conclusion of the advisory official and determined there is no error or injustice in this case. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X 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 by: * Moving three inactive duty points from the retirement year ending 30 October 2006 to the retirement year ending 20 October 2007 * Revoking Headquarters, U.S. Army Reserve Command, Orders 22-101-00031, 11 April 2022 * Affording her the opportunity to complete 2 additional years toward qualification for retired pay at age 60 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 three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 140-185 (Army Reserve - 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. It discusses the procedures for recording retirement point credits and training. Retirement points are awarded for membership, active duty for training, active duty, mobilization, training, and other situations. b. Retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training, initial active duty for training, involuntary active duty for training, annual training, inactive duty training, membership points, and for other activities specified in this regulation. The types of inactive duty training are: * Regularly scheduled unit training assembly include battle assemblies formally known as unit training assemblies * Rescheduled training * Make-up assemblies for missed battle assemblies due to annual training * Equivalent training in lieu of scheduled battle assemblies or rescheduled training * Additional training assemblies * Two-hour funeral honor inactive duty training * Training of individual Soldiers in non-pay status c. Chapter 2: Paragraph 2-4a states personnel on active duty, Active Duty Training, Inactive Duty Training, involuntary Active Duty Training, or Annual Training 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 or Inactive Duty Training in any 1 calendar day. d. Paragraph 3-3 states the purpose of DA Form 1380 is to record Inactive Duty Training by: (1) Troop Program Unit (TPU) Soldiers performing Inactive Duty Training assemblies when pay is authorized, and the Soldier is not present to sign the Inactive Duty Training attendance roster. (2) TPU 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. (3) Non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points-only to USAR TPUs, 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. (4) Non-unit Soldiers performing other Inactive Duty Training for retirement point credit. e. 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. TPU 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) AR20220006932 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1