IN THE CASE OF: BOARD DATE: 11 August 2023 DOCKET NUMBER: AR20220010957 APPLICANT REQUESTS: in effect, correction of his record to show the submitted DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) were accepted and added to his record. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Forms 1380, various dates from 2013 to 2015 * Memorandum for Record (MFR), Subject: Prior service confirmation, 22 August 2022 * Troop Program Unit (TPU) Personnel Actions Checklist, 29 August 2022 * History of Action and Routing screenshot, 29 August 2022 * MFR, Subject: Letter of Lateness for Retirement Points Only Requests for [Applicant], 29 August 2022 * MFR, Subject: [Applicant], 1 September 2022 * DA Form 5016 (Chronological Statement of Retirement Points), 12 October 2022 * Memorandum, Subject: Missing Retirement Points for [Applicant], 13 October 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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. He is requesting he be granted retirement points that are missing from his record between March 2013 and October 2015 while assigned to the 1151st Transportation Company as a TPU Soldier (Traditional Reservist). Supporting documents are provided with a full list of dates and the number of retirement points that should have been credited for his training attendance. b. During this period in question, he switched from attending Battle Assembly (BA) for pay to attending for just retirement points without pay due to his Department of Veterans Affairs (VA) disability rating compensation causing him to have a considerable debt from the VA that he would have to pay back at the end of each year. He was under the belief that his unit had been updating his retirement point records for the training dates he attended while assigned to the unit. c. He was unaware of how to review his retirement points and did not realize that he had received three bad years that did not count towards retirement due to him missing 99 retirement points from March 2013 to October 2015. In June 2022, his unit conducted an internal review of his retirement records and informed him of the bad years he had received. Based on their investigation, it appears that his attendance was incorrectly coded in the pay system and that his retirement points were not processed following his training attendance. He is asking that he be credited for his service during this time period. d. All avenues to resolve this issue through his unit, the U.S. Army Human Resources Command (HRC) Retirement Points Team, and the 81st Readiness Division have been exhausted. This request is being submitted to the ABCMR as recommended by the U.S. Army Reserve Command (USARC) review of his correction request. 3. A review of the applicant's military record shows the following: a. He enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 26 January 2001 and further enlisted in Regular Army on 5 July 2001. He has served continuously in the Regular Army and USAR through multiple enlistments and reenlistments. b. DA Form 5016 (Retirement Accounting Statement), dated 24 February 2023, shows in pertinent part, he earned the following retirement points during the periods: * 26 January 2013 to 25 January 2014 – 14 Inactive Duty Training (IDT) points, 15 membership points, 29 points earned, and 29 points creditable * 26 January 2014 to 25 January 2015 – 13 IDT points, 15 membership points, 28 points earned, and 28 points creditable * 26 January 2015 to 25 January 2016 – 14 IDT points, 15 membership points, 29 points earned, and 29 points creditable c. DA Form 5016 (Chronological Statement of Retirement Points), dated 7 August 2023, shows in pertinent part: (1) He earned the following retirement points during the periods: * 26 January 2013 to 25 January 2014 – 14 IDT points, 15 membership points, and 29 total points creditable * 26 January 2014 to 25 January 2015 – 13 IDT points, 15 membership points, and 28 total points creditable * 26 January 2015 to 25 January 2016 – 14 IDT points, 15 membership points, and 29 total points creditable (2) A total of 424 IDT points, 165 membership points, 3824 active duty points, 18 years qualifying for retirement, and 4413 points creditable. 4. The applicant provides: a. DA Forms 1380 containing various dates from March 2013 to October 2015, which show the following: * 23 and 24 March 2013 – 8 hours each day (non-paid), N2, 1151th Transportation Company (TC CO); 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 1 and 2 June 2013 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 10 and 11 August 2013 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 14 and 15 September 2013 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 22, 23 and November 2013 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 6 points * 14 and 15 December 2013 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 24, 25, 26 and 27 January 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 8 points * 21 February 2014 – 4 hours (non-paid), N1, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 1 point * 22 and 23 February 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 22 and 23 March 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 26 and 27 April 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 21 and 22 June 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 19 and 20 July 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 16 and 17 August 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 20 and 21 September 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 18 and 19 October 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 13 and 14 December 2014 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 24 and 25 January 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 21 and 22 February 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 21 and 22 March 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 13 and 14 June 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 18 and 19 July 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 12 and 13 September 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points * 24 and 25 October 2015 – 8 hours each day (non-paid), N2, 1151th TC CO; 2144 W Lake Short Dr, Wilmington, NC 28401; BA Attendance; totaling: 4 points b. MFR, Subject: Prior service confirmation, dated 22 August 2022, wherein, his previous commander states the applicant served honorably from July 2013 to September 2015. c. TPU Personnel Actions Checklist, dated 29 August 2022, which provides the information and required forms and documents for processing DA Form 1380 for retirement points only. d. History of Action and Routing screenshot dated 29 August 2022, which shows the applicant's DA Forms 1380 were returned without action for corrections, and USARC recommended the use of the ABCMR process due to timeframe. e. MFR, Subject: Letter of Lateness for Retirement Points Only Requests for [Applicant], dated 29 August 2022, wherein, the 4th Battalion, 347th Regiment, Battalion Executive Officer stated in pertinent part, the applicant was assigned to the unit from July 2011 to December 2015. Due to his VA rating, the applicant attended BA for retirement points in lieu of pay. A review revealed his attendance status was recorded incorrectly for a significant portion of the training periods between March 2013 to October 2015. f. MFR, Subject: [Applicant], dated 1 September 2022, stating the memorandum serves as documentation that the applicant was assigned to the 1151st Transportation Company, while Major J_ R_ was in command from August 2012 until May 2013. g. DA Form 5016 dated 12 October 2022, which shows, in pertinent part, a total of 424 IDT points, 165 membership points, 3824 active duty points, 18 years qualifying for retirement, and 4413 points creditable. h. Memorandum, Subject: Missing Retirement Points for [Applicant], dated 13 October 2022, wherein the 4th Battalion, 347th Regiment, Battalion Executive Officer stated in pertinent part, a complete review of the applicant's retirement point history was conducted that revealed he had three consecutive "Bad Years" of less than 50 retirement points from 2013 to 2015. During this period, he was assigned to the 1151st Transportation Company. It is his belief based on these findings that the applicant is due retirement points for the dates listed in Enclosure 1. The incorrect attendance coding and the DA Forms 1380 not being submitted for processing in a timely manner are of no fault of the applicant and he should be credited for his time served. 5. On 19 April 2023, Headquarters USARC, Branch Chief provided an advisory opinion and stated, USARC reviewed the applicant's documents and determined he 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 are correct but were not submitted within the 60-day window. Full administrative relief granted. 6. On 1 May 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 Board carefully considered the applicant's contentions, the military record, and regulatory guidance. The Board noted that the applicant had three years during which he accrued less than the minimum points required for credit. However, as a result of a review of his record, it was determined that an incorrect attendance code and untimely submission of his supporting DA Forms 1380s were at no fault of his own; therefore, the Board agreed that he should be credited for the time served. Based upon a preponderance of the evidence, the Board agreed the applicant’s request should be accepted by HRC, as a record correction, to ensure his request is properly considered to award service credit. 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he submitted properly constituted DA Forms 1380, in a timely manner, to the appropriate HRC office for service credit consideration. 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. ADMINISTRATIVE NOTE(S): N/A ? REFERENCES: 1. Title 10, USC, 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) AR20220010957 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1