IN THE CASE OF: BOARD DATE: 30 June 2023 DOCKET NUMBER: AR20220008092 APPLICANT REQUESTS: in effect, correction of his record to show he was awarded the appropriate retirement points and pay for the submitted DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) and Electronic Based Distance Learning (EBDL), Command and General Staff Officers' Course (CGSOC), Intermediate Level Education (ILE) Common Core. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * CGSOC ILE Evaluation Forms, 2 July 2021, for courses C100 to C600, F100, H100, L100, and P920 * DA Forms 1380, 5 July 2021, 9 September 2021, and 13 March 2022 * Commander, 154th Legal Operations Detachment Memorandum for Record (MFR), 2 July 2021 * Email communication, 19-20 May 2022 FACTS: 1. The applicant states: a. He has not received points credit for his ILE distance-based education. He has completed the extensive course, received his certificate, which is in the Interactive Personnel Electronic Records Management System. He was not aware that he needed to submit DA Forms 1380 for pay after each phase. His unit delayed submission of the DA Forms 1380 for months for unknown reasons. So, he did not receive any pay for completing the course. He submitted DA Forms 1380 for points only and was told they could not be processed for points only because they were submitted outside of the completion period. He is asking for his points record to reflect the time spent on ILE completion. b. He has completed the course but has not received either pay or points for the work. The points only DA Forms 1380 were denied because they were submitted outside of completion period, due to his unit not submitting them. He should receive credit for completing the long course just as others have, at a minimum, points only. 2. A review of the applicant's military record shows the following: a. On 4 July 2011, DA Form 71 (Oath of Office – Military Personnel) shows the applicant was appointed as a Regular Army commissioned officer in the Judge Advocate General Corps and executed an oath of office. b. On 7 July 2015, he was released from active duty and transferred to his U.S. Army Reserve (USAR) unit. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years and 4 days net active service this period. c. On 8 July 2015, he was appointed as a Reserve commissioned officer in the rank of captain/O-3. d. DA Form 1059-2 (Senior Service and Command and General Staff College Academic Evaluation Report) shows the applicant completed the ILE Common Core Course, 21-001. The duration of the course was from 9 March to 30 June 2021. e. DA Form 5016 (Chronological Statement of Retirement Points) dated 27 June 2023, shows he earned the following retirement points during the following periods: * Retirement year ending 3 July 2019 – 55 Inactive Duty Training (IDT) points, 15 membership points, 4 active duty points, 1 year qualifying for retirement, totaling 74 total points creditable * Retirement year ending 3 July 2020 – 47 IDT points, 15 membership points, 20 active duty points, 1 year qualifying for retirement, totaling 82 total points creditable * Retirement year ending 3 July 2021 – 42 IDT points, 15 membership points, 8 active duty points, 1 year qualifying for retirement, totaling 65 total points creditable * Retirement year ending 3 July 2022 – 53 IDT points, 15 membership points, 11 active duty points, 1 year qualifying for retirement, totaling 79 total points creditable 3. The applicant provides: a. CGSOC ILE Evaluation Forms dated 2 July 2021, for courses C100 to C600, F100, H100, L100, and P920, which show he satisfactorily completed the performance of learning objectives for the courses on various dates. b. DA Forms 1380 dated 5 July 2021, 9 September 2021, and 13 March 2022, which show: * 15, 16, and 17 November 2019 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase I [701-1-250-ILE-CC (Distance Learning (DL))]; totaling: 6 points * 2, 3, and 4 December 2019 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase I [701-1-250-ILE-CC (DL)]; totaling: 6 points * 6, 7, and 8 January 2020 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase I [701-1-250-ILE-CC (DL)]; totaling: 6 points * 3 and 5 February 2020 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase I [701-1-250-ILE-CC (DL)]; totaling: 4 points * 21, 24, and 25 February 2020 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 6 points * 3 March 2020 – 8 hours (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 2 points * 11, 14, and 23 April 2020 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 6 points * 5 May 2020 – 8 hours (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 2 points * 3, 10, and 11 June 2020 – 8 hours each day (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 6 points * 8 September 2020 – 8 hours (non-paid), N2, Fort Leavenworth, KS: ILE Phase II [701-1-250-ILE-CC (DL)]; totaling: 2 points * 26 December 2020 – 4 hours (paid), P1, (8 contact hours) Fort Bragg, NC., ILE Phase 2, ILE Phase 2, DDE_ADL_AY18-19_PH2_001 * 18, 30, and 31 March 2021 – 4 hours each day (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 3 points * 1, 2, and 19 April 2021 – 4 hours each day (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 3 points * 7 and 11 May 2021 – 4 hours each day (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 2 points * 25 and 26 May 2021 – 4 hours each day (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 2 points * 26 May 2021 – 4 hours (paid), P1, (8 contact hours) Fort Bragg, NC., ILE Phase 3, ILE Phase 3, DDE_ADL_AY18-19_PH3_001 * 7 and 8 June 2021 – 4 hours each day (paid), P1, (8 contact hours) Fort Bragg, NC., ILE Phase 3, ILE Phase 3, DDE_ADL_AY18-19_PH3_001 * 15 June 2021 – 4 hours (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 1 point * 21 and 22 June 2021 – 4 hours each day (paid), P1, (8 contact hours) Fort Bragg, NC., ILE Phase 3, ILE Phase 3, DDE_ADL_AY18-19_PH3_001 * 6 July 2021 – 4 hours (non-paid), N1, Fort Leavenworth, KS: ILE Phase III [701-1-250-ILE-CC (DL)]; totaling: 1 point c. An MFR, dated 2 July 2021 from the Commander, 154th Legal Operations Detachment stating, the applicant was authorized to complete "(ILE Phase 3, DDE_ADL_AY18-19_PH3_001, and 96 hours)". Per Army Regulation (AR) 140-1 (Mission, Organization, and Training), Additional Training Assembly (ATA) (code 42, EBDL/ATA) are to be used subject to availability of funds. Once Soldier receives DA Form 87 (Certificate of Training) or equivalent proof of completion, pay will be initiated. Soldiers are authorized a total of 12 ATAs per fiscal year. EBDL payments will reflect as type 42 (EBDL) drills on the Soldier's LES and unit pay records. If the course exceeds the authorized ATAs for distance learning the Soldier is able to submit their course completion to HRC for points only. d. Email communication dated 19-20 May 2022 between the applicant, Army Reserve Administrator (154th Legal Operations Detachment), and HRC discussing the errors on the applicant's DA Forms 1380, 60-day grace period exception to policy, return of the DA Forms 1380 without action, and referral to the Army Review Boards Agency. 4. On 21 March 2023, Headquarters, U.S. Army Reserve Command (USARC), Retirement Services Office, Branch Chief, provided an advisory opinion for this case and recommended full administrative relief be granted for all requested retirement points. The advisory official stated, USARC reviewed the applicant's retirement points detail and determined he should be awarded points for duties performed in accordance with AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). He should also be paid for his time completing the ILE course. The applicant has provided documentation showing he would have been paid. Full administrative relief granted for all requested retirement points. 5. On 28 March 2023, the applicant was provided a copy of the USARC advisory opinion for comments or rebuttal. 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 warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the advisory official the applicant should be awarded points for duties performed and should also be paid for his time completing the Command and General Staff Officers' Course (CGSOC), Intermediate Level Education (ILE) course in accordance with the regulation. The Board agreed that there was sufficient documentation to warrant relief in this case by awarding the applicant retirement points for DA Forms 1380 dated 5 July 2021, 9 September 2021, and 13 March 2022, for a total of 58 points. The Board concluded there was sufficient evidence to grant relief in this case. 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 by awarding the applicant retirement points for completion of the CGSOC ILE course, as listed on DA Forms 1380 dated 5 July 2021, 9 September 2021, and 13 March 2022, for a total of 58 points. Such relief shall result in payment for duty related to completion of CGSOC ILE course, as determined by DFAS. 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. AR 15-185 (Army Board for Correction of Military Records (ABCMR)), states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases based on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Paragraph 2–11 states that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. AR 140-1 (Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the U.S. Army Reserve (USAR). a. Paragraph 3-14.2. (Additional training assemblies (ATAs)) states, ATAs may be used to conduct additional wartime or assigned mission training. An ATA will be a minimum of 4 hours. No more than 12 ATAs will be performed by any one individual per year. ATAs are intended for those tasks that must be accomplished to sustain unit operation and provide the means to accomplish additional required training as defined by the unit's wartime mission. b. Paragraph 3-26 (Training of Soldiers in a non-pay status) states, Soldiers in an active status may take part in individual inactive duty training (IDT) in a non-pay status when authorized by the appropriate commander. In pertinent part, individual training opportunities with retirement point credit are approved for: * attachment to appropriate Reserve Component Troop Program Units (TPU) * attachment to Active Army units * attachment to reinforcement training units as appropriate * participation in approved training projects or using administrative skills in support of TPU and USAR activities * attendance at Army service or Army area school training * enrollment in appropriate extension courses * attendance at authorized conventions, professional conferences, or appropriate trade association meetings related to the individual's mobilization specialty * conducting or reviewing medical examinations, and related medical duties * recruiting duties as described in AR 140–185 3. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) contains Army policy for USAR training and retirement point credit. It also prescribes guidance for USAR unit level strength accounting. a. Paragraph 2-1 (Criteria for crediting retirement points) states, a maximum of two retirement points may be awarded in 1 calendar day for any activity or combination of activities. IDT will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points. b. Paragraph 2-4 (Criteria for awarding retirement points) states, in pertinent part, approved electronic-based distributed learning courses will be awarded to members of the Selected Reserve (Troop Program Unit) (eight-hour rule). Subject to available funding, and as pre-approved, Soldiers may earn one retirement point and be paid for one IDT for every 8 hours of distance learning completed. Points may not be awarded under more than one of the rules in paragraph 2–4b during any single calendar day. c. Paragraph 3-4 (Electronic-based distance learning (EBDL)) states, the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107 – 107, section 603), authorized compensation to certain members of the Selected Reserve. Pursuant to Title 37, United States Code, section 206(d), a member of the Selected Reserve of the Ready Reserve may be paid compensation at a rate and under terms determined by the Secretary of Defense upon the member's successful completion of a course of instruction undertaken by the member using EBDL methodologies to accomplish training requirements related to unit readiness or mobilization, as directed for the member by the Secretary concerned. This regulation provides discretionary payments only for members of the Selected Reserve not in active service or on active duty who are directed by their commanders to complete training requirements related to unit readiness or mobilization, by means of EBDL. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008092 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1