IN THE CASE OF: BOARD DATE: 21 June 2023 DOCKET NUMBER: AR20220008333 APPLICANT REQUESTS: in effect, correction of her record to show the submitted DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) were accepted and added to her record. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record) * Orders Number C-12-716562, 20 December 2017 * DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), 29 May 2021 and 23 June 2021 * Email communication between the applicant and her unit, September 2021 and November 2021 * DA Form 1559 (Inspector General Action Request), 15 November 2021 * Email communication from Army Human Resources Command (HRC) to applicant FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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. A review of the applicant’s military record shows the following: a. Having had prior enlisted service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 December 2006. She has served continuously in the USAR (active and inactive) through multiple reenlistments and extensions. b. On 20 December 2017, HRC published Orders Number C-12-716562, attaching the applicant to her unit in Fort Hamilton, NY for an indefinite period and points only, effective 18 December 2017. c. On 19 February 2019, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows she extended in the Individual Ready Reserve (IRR) for a period of 5 months. d. Orders Number C-03-903062 published by HRC released the applicant from the USAR Control Group (Reinforcement) and assigned her to a unit in Charlotte, NC, effective 8 March 2019. e. DA Forms 4836 show she extended for a period of 1 year on 24 July 2019 and 3 months on 23 July 2020. f. On 8 December 2020, DD Form 4 (Enlistment/Reenlistment Document) shows she reenlisted in the USAR for an indefinite period. g. Her record contained DA Form 5016 (Retirement Accounting Statement) dated 8 May 2023, which shows she earned the following retirement points during the periods: * 9 April 2017 to 8 April 2018 – 15 membership points, 15 points earned, and 15 points creditable * 9 April 2018 to 8 April 2019 – 1 inactive duty point, 15 membership points, 16 points earned, and 16 points creditable 3. The applicant provides: a. DA Forms 1380 dated 29 May 2021 and 23 June 2021 showing the following: * 19 through 30 December 2017 – 8 hours each day (non-paid), N2, “NYCRBN East Brooklyn Recruiting Center”; totaling: 24 points * 2 through 10 January 2018 – 8 hours each day (non-paid), N2, “NYCRBN East Brooklyn Recruiting Center”; totaling: 18 points b. Email communication between the applicant and her unit in September 2021 and November 2021 discussing adding retirement points while she was assigned to the IRR, and a delay in adding the retirement points and processing her DA Forms 1380. The applicant also indicated she would be requesting assistance from the Inspector General’s (IG) office. c. DA Form 1559 dated 15 November 2021, wherein the applicant requested assistance from the IG office with processing her DA Forms 1380 and adding retirement points. d. Email communication from HRC to applicant informing her to make the appropriate changes to her DA Forms 1380, which would allow her DA Forms 1380 to be processed. 4. On 19 April 2023, Headquarters, U.S. Army Reserve Command (USARC), Branch Chief, provided an advisory opinion for this case and recommended the applicant be granted full administrative relief for all requested retirement points. The advisory official stated, USARC reviewed the applicant’s documents and determined she should be awarded the points in accordance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). The documents for 19 to 26 December 2017, 27 to 30 December 2017, 2 to 9 January 2018, and 10 January 2018 are sufficient. Full administrative relief granted. 5. On 21 April 2023, the applicant was provided a copy of the USARC advisory opinion for comments or rebuttal. She 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 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 concurred with the advising official finding the applicant should be awarded the points in accordance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). Based on the advisory opine, the Board agreed the documents for 19 to 26 December 2017, 27 to 30 December 2017, 2 to 9 January 2018, and 10 January 2018 are sufficient. Therefore, the Board granted relief. 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 her DA Form 1380’s in a timely manner to Human Resources Command for the periods of 19 to 26 December 2017, 27 to 30 December 2017, 2 to 9 January 2018, and 10 January 2018. 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, U.S. Code, 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 140-1 (Mission, Organization, and Training) states in paragraph 3-26 (Training of Soldiers in a non-pay status), 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) paragraph 2-1 (Criteria for crediting retirement points) states, IDT will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008333 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1