IN THE CASE OF: BOARD DATE: 2 February 2023 DOCKET NUMBER: AR20220007183 APPLICANT REQUESTS: reconsideration of his previous request to correction his records to show missing retirement points for the following periods: * Missing 15 November 2019, 1 Multiple Unit Training Assembly (MUTA) * Missing 19 and 20 October 2019 MUTAs * Missing 14 and 15 September 2019 MUTAs * Missing 10 and 11 August 2019 MUTAs * Missing 8 and 9 June 2019 MUTAs * Missing 8 and 9 September 2018 MUTAs * Missing 5 and 6 May 2018 MUTAs * Missing 17, 18, and 19 November 2017 MUTAs APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR), Subject: Reconsideration Request * Acceptable Drill Attendance Codes * 8 x Inactive Duty Training (IDT) Attendance Rosters * 8 x DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) * 8 x Unit Transition Logs * MFR, Subject: Record Additional Duty Appointment * Memorandum DA Form 1380 Returned without Action * MFR, Subject: Request for Reconsideration from a Sergeant First Class (SFC) - FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200007951 on 28 July 2021. 2. The applicant states, in his application and two MFRs, in effect: a. He is missing retirement points from 15 November 2019, 19 and 20 October 2019, 14 and 15 September 2019, 10 and 11 August 2019, 8 and 9 June 2019, 8 and 9 September 2018, 5 and 6 May 2018, and 17, 18, and 19 November 2017, which is preventing him from retirement. b. He is missing the retirement point when there are pay records that indicate he was present for duty. His requesting reconsideration of the previous Board's decision related to case AR20200007951. In the summary of the Board decision, they listed that based on the unit transition logs for the contested period, he failed to complete the drill requirements for the days in question because he was coded as N for his attendance. In Accordance with the Automated Drill Attendance Reporting System (ADARS) Guide, chapter 5 Figure 5-44 the N Code is defined as performed duty points only note, will not process for ADARS. He provided a copy of the figure for the Board's consideration. 3. The applicant's service records contain the following documents for the Board's consideration: a. On 22 May 2000, the applicant enlisted in the Regular Army. b. On 16 June 2016, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty and transferred to a U.S. Army Reserve unit. He completed 16 years and 25 days of active duty service. c. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows on 17 May 2019, the applicant extended in the USAR for a period of 1 year. d. DD Form 4 shows on 5 June 2020, the applicant reenlisted in the USAR for a period of 3 years. e. A DA Form 5016 (Chronological Statement of Retirement Points), dated 30 June 2021, shows the applicant earned the following points: * from 21 April 2017 to 20 April 2018, 32 Inactive Duty (IDT) points, 15 membership points, 6 active duty points, totaling 53 total points creditable * from 21 April 2018 to 20 April 2019, 29 IDT points, 15 membership points, 5 active duty points, totaling 49 total points creditable * from 21 April 2019 to 20 April 2020, 29 IDT points, 15 membership points, 4 active duty points, totaling 48 total points creditable f. The applicant's service record is void of DA Forms 1380. g. On 23 June 2022, the U.S. Army Human Resources Command (HRC) provided the applicant a Memorandum, Subject: Notification of Eligibility for Retired pay at Non- Regular Retirement (20-Year Letter). 4. The applicant provides the following documents for the Board's consideration: a. A document entitled Acceptable Drill Attendance Codes, which shows code "N" means Performed Duty - Points Only - will not process through ADARS. b. IDT Attendance Rosters, which show the applicant was coded "N" for the following dates: * 17 through 19 November 2017 * 4 through 6 May 2018 * 8 through 9 September 2018 * 8 through 9 June 2019 * 10 through 11 August 2019 * 14 through 15 September 2019 * 19 through 20 October 2019 * 14 through 17 November 2019 c. DA Forms 1380, which show the applicant completed duty for points only on the following dates: * 17 November 2017, 4 hours = 1 point * 18 through 19 November 2017, 8 hours per day = 4 points * 5 through 6 May 2018, 8 hours per day = 4 points * 8 September 2018, 1 hour * 9 September 2018, 8 hours = 2 points * 8 June 2019, 4 hours = 1 point * 9 June 2019, 8 hours = 2 points * 10 August 2019, 4 hours = 1 point * 11 August 2019, 8 hours = 2 points * 14 September 2019, 4 hours = 1 point * 15 September 2019, 8 hours = 2 points * 19 October 2019, 4 hours = 1 point * 20 October 2019, 8 hours = 2 points * 15 November 2019, 4 hours = 1 point d. Unit Transaction Logs, which show the applicant was coded "N" for the following dates: * 17 through 19 November 2017 * 4 through 6 May 2018 * 8 through 9 September 2018 * 8 through 9 June 2019 * 10 through 11 August 2019 * 14 through 15 September 2019 * 19 through 20 October 2019 e. MFR, Subject: Additional Duty Appointment, Authorized Signature Certifying Officer, dated 27 April 2020 showing personnel allowed to certify performance of duty. Staff Sergeant - was an authorized signer and she endorsed all of the DA Forms 1380. f. Memorandum, Subject: DA Form 1380 returned without action, stating the date prepared block was blank, incorrect, not legible, or it was late; name, grade, and position of officer having knowledge of duties performed was blank or an unauthorized person; it should be forwarded to HRC for award of retirement points no later than the end of each duty month; and 17 November 2017, had already been credited. g. MFR authored by SFC , dated 28 February 2022, which states, in effect: (1) The applicant is a Soldier that works in the supply section and the SFC is his supervisor. The memorandum is to request reconsideration on the Board's decision relating to case AR20200007951. (2) In the summary of the decision, the Board listed that based on the unit transition logs for the contested period the applicant failed to complete the drill requirements for the days in question. He references the same figure the applicant referenced in his MFR concerning the "N" code. (3) The pay documents were provided as the applicant performed his duties on the days in question. He was informed he would receive an "N" for the drill days he was drilling for points only and would sign in one day or pay to cover his Servicemembers' Group Life Insurance. 5. On 16 May 2020, the applicant applied to the Board for correction of his retirement points. On 28 July 2021, the Board stated after reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the evidence reflected on the Unit Transaction Logs for the contested periods, it appears the applicant failed to complete the drill requirements for those days; therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the retirement points of the applicant; therefore, they denied his application. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon who signed the DA Form 1380 (an NCO) and a lack of a memorandum showing the NCO had signature authority for such actions IAW USARC Pam 37-1, the Board concluded there was insufficient evidence of an error or injustice warranting a correction to the applicant’s record. 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. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records): a. Paragraph 2-2 (Criteria for earning retirement points) states retirement points may be earned by U.S. Army Reserve Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. * Four-hour rule; Soldiers earn one point for each scheduled 4-hour period of IDT at Battle Assembly, Rescheduled Training (RST), Equivalent Training, or Additional Training Assemblies * Two-hour rule; Soldiers earn one point for each IDT period per day for funeral honors duty with a maximum of one point per calendar day * Four/eight-hour rule; Soldiers earn one point for each 4 hour or greater period, award of a second point in the same day requires additional hours to bring the day's total to a minimum of 8 hours for a maximum of two points in 1 calendar day b. Paragraph 3-3 (DA Form 1380) states nonpaid DA Forms 1380 will not be entered into Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. c. Table 3-1 provides that the code "N" will be entered for rescheduled training. The code "N" indicates the Soldier is entitled to retirement point credit only. 2. Department of Defense Instruction 1215.07 (Service Credit for Non-Regular Retirement) states inactive duty may be credited for each attendance at an inactive duty training period. A maximum of 2 retirement points for attendance at inactive duty training periods or equivalent training, in any 1 calendar day. The Service member's participation is without payment other than the pay to which the Service member is entitled as a Reserve Component member. Credit no more than one retirement point for fewer than 8 hours. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007183 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1