IN THE CASE OF: BOARD DATE: 16 August 2023 DOCKET NUMBER: AR20220011287 APPLICANT REQUESTS: retroactive pay for duty performed as a Reservist for the 1001st Quartermaster Company from 7 through 11 February 2007. Additionally, correction to his military record to reflect his date of discharge as 12 February 2007. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2B, Personnel Qualification Record (Commissioned Officer), 10 November 2005 * Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES), 2 July 2007 FACTS: 1. The applicant did not file within the 3-year period 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. The applicant states, in effect, that from 7 through 11 February 2007, he was on duty with the 1001st Quartermaster Company but never received pay. He additionally states that his military record is incorrect, in that his discharge date is 12 February 2007 and not 31 January 2007 as reflected on his discharge orders. 3. The applicant was appointed as a second lieutenant (O-1) in the Army National Guard on 21 August 1992. On 19 March 1993, he was honorably released to from active-duty training to the Ohio Army National Guard. After having served in the Ohio National Guard, he was transferred to the Army Reserve effective 17 February 2004. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows a variety of assignments from 21 August 1992 to 17 February 2004 with the 1st Battalion, 147th Regiment. 5. The applicant provides the following evidence in support of his request: a. DA Form 2B, dated 10 November 2005 b. Leave and Earnings Statement (LES), dated 7 February 2007, that shows, as reflected below, that he was not entitled to, nor did he receive pay during the period covered by the covered: “Tot Ent .00” “Tot Ded .00” “Net Amt .00” 6. The applicant’s military record contains a discharge order, Orders D-01-702798, Department of the Army, U.S. Army Human Resources Command (AHRC), dated 31 January 2007. Effective 31 January 2007, the applicant was discharged from the Army Reserve, under other than honorable (OTH) conditions. 7. His record does not contain, nor did he provide a DA Form 1380 (Record of Individual Performance of Reserve Duty Training) showing he performed any drills or other military service after 31 January 2007. 8. On 28 February 2023, the Case Management Division requested an advisory opinion from AHRC pertaining to the pay and allowances for the applicant’s claimed reserve time (7-11 February 2007). A Retirement points detail by date report pulled from the Army Human Resources Command's, Soldier Management System, shows the last duty performed by the applicant was on 7 January, where he performed inactive duty for 2 points. 9. An advisory opinion, dated 20 April 2023, from the Chief, Military Personnel Division, Headquarters, United States Army Reserve Command, states, providing full relief to the applicant’s request is not warranted for the following reasons: a. DA Form 1380 (Record of Individual Performance of Reserve Duty Training) or a unit Army Drill Attendance Reporting System (ADARS) Inactive Duty Training (IDT) Attendance Roster are the only authorized documents for IDT reporting. The LES submitted by the applicant as supporting documentation for his claim does not suffice. b. The applicant was separated from the Army Reserve effective 31 January 2007. He was not authorized to perform duty after his separation date. According to his March 2007 Master Military Pay Account (MMPA), the loss transaction was processed in DJMS-RC on 2 February 2007. Additionally, the MMPA does not reflect any duty performed during the month of February 2007. 10. The applicant was provided with a copy of the advisory opinion and afforded the opportunity to respond; he did not provide a response. 11. Regulatory Guidance provides, in effect, that the DA Form 1380, will be used to record paid and nonpaid service performed by Service members. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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-Chief Military Personnel Division advisory opinion, the Board concurred with the advising official finding insufficient evidence to support retroactive pay for duty performed as a Reservist for the 1001st Quartermaster Company from 7 through 11 February 2007. The Board determined the applicant separated from the Army Reserve with an effective date of 31 January 2007. The applicant was not authorized to perform duty after his separation date. According to his March 2007 Master Military Pay Account (MMPA), the loss transaction was processed in DJMS-RC on 2 February 2007. Furthermore, the MMPA does not reflect any duty performed during the month of February 2007. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s separation records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for correction of his military record to reflect his date of discharge as 12 February 2007. Based on the evidence and advisory opine, the Board determined relief is not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Army Regulation (AR) 140-185, Training and Retirement Point Credits and Unit Level Strength Accounting Records, states that the DA Form 1380 (Record of Individual Performance of Reserve Duty Training) will be prepared for a unit Soldier who performs equivalent training or additional training with their unit subsequent to the scheduled battle assembly. Troup Program Units units will retain one copy of the DA Form 1380 to post the appropriate entry into Automated Drill Attendance Reporting Software (ADARS) for the month’s report and then place in the appropriate Army records information management system file. Nonpaid DA Forms 1380 will not be entered into ADARS and will be forwarded to the Army Human Resources Command 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011287 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1