IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20220010970 APPLICANT REQUESTS: correction of his DA Form 5016 (Chronological Statement of Retirement Points) to award points only for duty performed between September 2018 through January 2020. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) for duty performed in September 2018 * DA Form 1380 for duty performed in October 2018 * DA Form 1380 for duty performed in November 2018 * DA Form 1380 for duty performed in December 2018 * DA Form 1380 for duty performed in January 2019 * DA Form 1380 for duty performed in February 2019 * DA Form 1380 for duty performed in March 2019 * DA Form 1380 for duty performed in April 2019 * DA Form 1380 for duty performed in May 2019 * DA Form 1380 for duty performed in August 2019 * DA Form 1380 for duty performed in October 2019 * DA Form 1380 for duty performed in December 2019 * DA Form 1380 for duty performed in January 2020 * DA Form 5016, 22 July 2021 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 in effect, he requests his DA Form 5016 be updated to reflect the duty which he performed for points only in accordance with the U.S. Army Reserve Command (USARC) guidance. He performed said duty between the period of September 2018 through January 2020, he waited for the points to appear on his DA Form 5016, which they never did. 3. A review of the applicant's service record shows: a. On 17 December 1997, Orders Number C-12-751714, issued by the U. S. Army Personnel Command, the applicant was appointed in the U. S. Army Reserve (USAR), effective 3 December 1997 in the Judge Advocate General branch. b. On 4 April 2003, Orders Number M-094-0006, issued by Detachment 7, 3rd Medical Command, the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 4 April 2003. c. The applicant was honorably released from active duty on 3 April 2005. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 2-years of active service. d. On 16 September 2008, Orders Number 08-260-00018, issued by the 416th Theater Engineer Command (TEC), the applicant was ordered to active duty in support of Operation Iraqi Freedom, effective 6 December 2008. e. The applicant was honorably released from active duty on 28 January 2010. DD Form 214 shows the applicant completed 1-year, 1-month, and 23-days of active service. f. On 28 November 2010, the U.S. Army Human Resources Command (HRC) notified the applicant he was appointed in the Engineer branch in the rank of major (MAJ)/O-4, effective 28 November 2010. g. On 27 March 2012, Orders Number 12-087-00004, issued by the 412th TEC, the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 20 September 2012. h. The applicant was honorably released from active duty on 11 October 2013. DD Form 214 shows the applicant completed 1-year and 22-days of active service. i. On 4 January 2021, Orders Number 21-004-00005, issued by Headquarters, 88th Readiness Division, the applicant was reassigned to the USAR Control Group (Retired Reserve), effective 1 April 2021. j. On 19 May 2021, Orders Number C05-193450, issued by HRC, the applicant was placed on the retired list, effective 2 April 2021, and was authorized retired pay – reduced age retirement. k. DA Form 5016 dated 19 July 2023 shows the applicant had a total of 4,701 creditable points for retired pay with 23-years, 3-months, and 29-days of service qualifying for retirement. The applicant's anniversary year ending shows he obtained: * 2 December 2018 – 54 Inactive Duty Training (IDT) points, 15 membership points, 52 active duty points for a total of 121 creditable points for retirement * 2 December 2019 – 69 IDT points, 15 membership points, 78 active duty points for a total of 162 creditable points for retirement * 2 December 2020 – 60 IDT points, 15 membership points, 18 active duty points for a total of 93 creditable points for retirement 4. The applicant provides: a. DA Form 1380 signed by the Brigade Executive Officer (XO) on 2 November 2018, who had knowledge of the duties performed, shows the applicant performed 4-hours of duty on: * 16 September 2018 – U.S. Army Disaster Personnel Accountability and Assessment System (ADPAAS) tasker compliance * 17 September 2018 – teleconferences and reviewed and processed DA Forms 638 (Recommendation for Award) * 18 September 2018 – teleconferences and reviewed and processed personnel actions * 24 September 2018 – reviewed and processed evaluations and reviewed awards standard operating procedure (SOP), teleconferences b. DA Form 1380 signed by the Brigade XO on 2 November 2018, shows the applicant performed 4-hours of duty on: * 4 October 2018 – River Assault planning conference preparation, reviewed and approved awards SOP and evaluations * 5 October 2018 – processed packets for unsatisfactory participants (UNSAT) and Financial Liability Investigation of Property Loss (FLIPL), schedule planning, drafted evaluation policy and supporting documents * 10 October 2018 – preparation for brigade commander update brief (CUB), officer leadership development side deck, ADPASS monitoring and follow-up * 16 October 2018 – reviewed and processed evaluations, brigade staff assignments and lines of effort (LOE) planning, medical readiness review (MR2) planning * 17 October 2018 – River Assault planning conference preparation, evaluations, recruiting and communications planning, 961st mobilization roster medical * 30 October 2018 – schedule planning, evaluations, 961st mobilization roster medial, review and process FLIPL * 31 October 2018 – evaluations policy, 961st mobilization roster medical, officer leadership development slide deck, FLIPL c. DA Form 1380 signed by the Brigade XO on 22 January 2019, shows the applicant performed 4-hours of duty on: * 1 November 2018 – processed personnel actions, 961st mobilization roster medical, 284th mobilization roster medical and logistics * 6 November 2018 – evaluations, officer leadership development slide deck, processed personnel actions, 961st mobilization roster medical, FLIPL, schedule planning * 14 November 2018 – FLIPL, 489th command visit planning, evaluations, CUB preparation * 15 November 2018 – 961st mobilization roster medical, FLIPL, MR2 preparation, River Assault planning, 244th command visit planning, CUB, 961st command transition * 20 November 2018 – mobile phone setup, command visit planning, MR2 preparation, evaluations, command unit status report (USR) * 21 November 2018 – schedule planning, evaluations, FLIPL and UNSAT packet review and processing * 26 November 2018 – schedule planning, 284th mobilization roster medical, FLIPL, evaluations, MR2 preparation, personnel actions d. DA Form 1380 signed by the Brigade XO on 19 January 2019, shows the applicant performed 4-hours of duty on 19 and 27 December 2018 – command section duties. e. DA Form 1380 signed by the Brigade XO on 13 February 2019, shows the applicant performed 4-hours of duty on 7 through 10, 14, through 16, 18, 21 through 22, 24, and 30 January 2019 – command section duties. f. DA Form 1380 signed by the Brigade XO on 11 March 2019, shows the applicant performed 4-hours of duty on 4 through 5, and 11 through 12 February 2019 – command section duties. g. DA Form 1380 signed by the Brigade XO on 4 April 2019, shows the applicant performed 4-hours of duty on 10 through 12, 20, and 25 through 27 March 2019 – command section duties. h. DA Form 1380 signed by the Brigade XO on 28 May 2019, shows the applicant performed 4-hours of duty on 2, 15, 17, 23 through 24, and 30 April 2019 – command section duties. i. DA Form 1380 signed by the Brigade S3 on 25 June 2019, shows the applicant performed 4-hours of duty on 2, 15, 20, and 27 through 28 May 2019 – command section duties. j. DA Form 1380 signed by the Brigade S3 on 3 September 2019, shows the applicant performed 4-hours of duty on 20 through 21, 23, 29, and 30 August 2019 – command section duties. k. DA Form 1380 signed by the Brigade S3 on 6 November 2019, shows the applicant performed 4-hours of duty on 1, 10, 14 through 15, 25, and 27 through 30 October 2019 – command section duties. l. DA Form 1380 signed by the Brigade S3 on 12 January 2020, shows the applicant performed 4-hours of duty on 10 through 12, 16, and 19 through 20 December 2019 – command staff section duties. m. DA Form 1380 signed by the Brigade S3 on 12 February 2020, shows the applicant performed 4-hours of duty on 6, 8 through 9, and 24 January 2020 – command staff section duties. 5. On 23 March 2023, in the processing of this case, HRC provided an advisory opinion regarding the applicant's request to update his DA Form 5016 for duty performed between the period of September 2018 through January 2020 for points only. The advisory official stated the DA Forms 1380 were signed on time based on the dates within the digital signature. The inactive points for this duty were not accounted for within the applicant points detail and he should receive credit for the inactive points. 6. On 24 March 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. 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 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 sufficient evidence to show the applicant completed the training and submitted the proper documentation in a timely manner to his headquarters, but never received credit for the points allocated on his 1380’s. The Board determined; at no fault of the applicant his records should be corrected to show he completed the training for the periods of September 2018 through January 2020 for inactive points only. Based on this, the Board granted relief correct his retirement points to reflect the inclusion of service performed. 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 his DA Form 1380’s in a timely manner to Human Resources Command for the periods of September 2018 through January 2020 for inactive points only. 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, 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. Army Regulation 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 1-7 states A qualifying year of service for non-regular retired pay is a full year during which a RC member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay. b. Paragraph 2-2 (Criteria for earning retirement points), retirement points may be earned by USAR 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. c. Paragraph 2-4 (Criteria for awarding retirement points), personnel on active duty, ADT, IADT, involuntary ADT, or AT are awarded one point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. Table 2–3 provides criteria for award of retirement points for IDT performed in accordance with Department of Defense Instruction 1215.07 and AR 140–1. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points. A maximum of two retirement points may be credited for attendance at unit BA or IDT in any 1 calendar day. d. Paragraph 3-1, Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Re-lease or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), master military pay account, DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points. Units of assignment are responsible to ensure source documents are uploaded into iPERMS prior to submission of action to adjust a Soldier's retirement points. This will ensure proper validation of retirement points throughout a Soldier's career. e. Paragraph 3–3 (DA Form 1380), (a) the purpose of this form is to record IDT by: Non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR TPUs, ARNG units, or to another Service or component for training per AR 140–10. Only attached Soldiers are authorized to perform IDT except for one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Note: Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 for those units. Non-unit Soldiers performing other inactive duty training for retirement point credit as outlined in table 2–3. b. DA Form 1380 will be prepared for a unit Soldier who performs ET or additional training with their unit subsequent to the scheduled BA. TPU units will retain one copy of the DA Form 1380 to post the appropriate entry into ADARS for the month's report and then place in the appropriate Army records information management system file. Non-paid DA Forms 1380 will not be entered into ADARS and will be forwarded to HRC for award of retirement points no later than the end of each duty month. DA Form 1380 will be scanned into the Soldier's iPERMS by the unit of assignment per AR 600– 8–104. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010970 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1