IN THE CASE OF: BOARD DATE: 21 July 2023 DOCKET NUMBER: AR20220009001 APPLICANT REQUESTS: inclusion of two (2) Retirement Points for service rendered in fiscal year (FY) 2022. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Military Surface Deployment and Distribution Command memorandum * G3, Directorate of Operations SDDC AT/IDT Training Schedule * 14 training certificates / certificates of completion FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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. The applicant states, he completed required training and service obligations in FY2021, however, a DA Form 1380 was submitted outside the required window for pay and points. All training and service obligations have been validated and documented. 3. The applicant provides: a. DD Form 1380, dated 23 April 2022, reflects he completed a total of 12 hours training, between 22 July 2021 and 26 July 2021, verified by lieutenant colonel (LTC) F.S. on 25 April 2022. b. Military Surface Deployment and Distribution Command memorandum, dated 20 April 2022, Subject: Letter of Lateness for DA Form 1380 submission, submitted by Mr. J.R.J., G3 IMA Coordinator, states “the referenced DA Form 1380 is being submitted late due to final publication and review of the Soldier’s [applicant] FY21 IDT point review. This was initially submitted, but assumption is the action was not processed and updated. If pay is not authorized at this point, then please process for points only.” c. G3, Directorate of Operations SDDC AT/IDT Training Schedule (3 pages) reflects “Conduct Online Mandatory Training” scheduled for 22, 23, and 26 July 2022. d. Fourteen (14) training certificates / certificates of completion as follows: * 2021 AMC PII Mandatory and AEP Fundamentals (1 hour), 22 July 2021 * 2021 Annual Army Substance Abuse Program (1 hour), 22 July 2021 * 2021 Annual Army Suicide Prevention Awareness Training (1 hour), 22 July 2021 * 2021 Anti-Terrorism Force Protection (1 hour), 23 July 2021 * 2021 Information Security (1 hour), 23 July 2021 * 2021 Operational Security (OPSEC) (1 hour), 23 July 2021 * 2021 Threat Awareness Reporting Program (2 hours), 26 July 2021 * Army OPSEC Level I (Newcomer and Refresher), 23 Jul 2021 * Counterintelligence Awareness and Reporting for DoD, 26 July 2021 * Department of Defense (DoD) Cyber Awareness Challenge (2021) (1 hour), 26 July 2021 * Joint Staff Alcohol and Substance Abuse Prevention (1 hour), 22 July 2021 * Joint Staff Suicide Awareness and Prevention – Military Only (1 hour), 22 July 2021 * Level I Antiterrorism Awareness Training (2 hours), 23 July 2021 * SDDC Annual Ethics Training (1 hour), 26 July 2021 4. Review of the applicant's service record shows: a. He took the Oath of Office on 1 July 2010 as a Reserve Commissioned Officer. b. The applicant’s personnel file located in the Interact Personnel Electronic Records Management System (iPERMS) is void of a Chronological Record of Retirement Points. c. He is currently serving as the Antiterrorism Officer with the Military Surface Deployment and Distribution Command. 5. Per the ARBA Case Tracking System (ACTS) Remarks tab, dated 23 February 2023, record of proceedings (ROP) will be written without an advisory opinion. Advisory tasked to external agency; will be forwarded to ABCMR leadership to review once Command Management Division (CMD) in receipt. 6. By regulation A qualifying year of service for nonregular retired pay is a full year during which a Regular or Reserve member is credited with a minimum of 50 retirement points. 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 contentions, the military record, and regulatory guidance. The Board reviewed the provided DD Form 1380 for the requested points and agreed it was properly processed and signed. The Board concluded that for what more than likely was an administrative error, he did not receive credit. Based on the preponderance of the documentation available for review, the Board determined the evidence presented sufficient to warrant a recommendation for 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 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 showing the applicant submitted the contested DA Forms 1380 to U.S. Army Human Resources Command in a timely manner, and the forms were accepted for consideration to account for adding warranted time periods to his chronological statement of retired points. 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. DOD Instruction 1215.07, Service Credit for Non-Regular Retirement states in paragraph 3-1(a), Qualifying Years of Satisfactory Service. Pursuant to Chapter 1223 of Title 10, U.S.C., a qualifying year of creditable service toward a non-regular retirement is a full year, as described in Paragraphs 3.1.b. and 3.1.c., during which a member of an Active Component (AC) or Reserve Component (RC) is credited with at least 50 retirement points. Accumulating 20 such years, except as otherwise provided by law, is one requirement necessary to qualify for nonregular retired pay. Retirement point credit depends on the activity performed and include (but not limited to). a. Active Service. Credit active service at the rate of one retirement point per day of active service in the uniformed services as defined in Section 101 of Title 10, U.S.C. b. Inactive Duty Service. Credit inactive duty service as follows: One retirement point for each attendance at an inactive duty training (IDT) period or period of equivalent instruction; One retirement point for each attendance at a period of equivalent training in accordance with Paragraph 2.a.(1) of DoDI 1215.06; and a maximum of two retirement points for attendance at IDT periods, or equivalent training, in any 1 calendar day. c. Several other situations or activities also qualify for retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009001 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1