IN THE CASE OF: BOARD DATE: 28 July 2023 DOCKET NUMBER: AR20220011821 APPLICANT REQUESTS: correction to his military record to reflect retirement points earned for duty on: 19 April, 26 April, 24 May, and 13 September 2021. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), 14 -15 August 2022 * email, Subject: RWOA 1380, correspondence with Army Human Resource Command (AHRC), 22 August 2022 * memorandum, Subject: Duty at Tignor Dental Clinic 2021, 19 September 2022 FACTS: 1. The applicant states his DA Forms 1380 were returned due to the fact that they were signed by a noncommissioned officer (NCO) that did not have a signature card on file with AHRC. Once the applicant discovered the proper signature authority, over 60 days had passed and AHRC would not consider the DA Forms 1380 for points. 2. He provides 3 DA Forms 1380, email correspondence with AHRC explaining why his DA Forms 1380 were rejected, and a memorandum for record (MFR) from LTC Oxxxx explaining the dates in which the applicant did not receive points for his service and her direct knowledge of his duty on those dates. 3. The applicant enlisted in the United States Army Reserves (USAR) as a Cadet, for a period of 8 years on 19 September 1996. 4. On 15 January 2004, he was ordered to active duty. His DD Form 214, ending 1 November 2013 shows that he served on active duty with 9 years, 7 months, and 25 days of net active service, until he was released from active duty to the 810th Medical Company. 5. DA Forms 1380 provided by the applicant shows the following: * 19 April 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 * 26 April 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 * 24 May 2021, 8 hours, N-1, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 * 13 September 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 5. In the processing of this case an advisory opinion was obtained from the U.S. Army Reserve Command, which stated the applicant should be awarded all requested retirements points for duties performed in accordance with Army Regulation (AR) 140- 185, Training and Retirement Point Credits and Unit Level Strength Accounting Records. 6. On 23 March 2023 the applicant was notified of the advisory opinion received by U.S. Army Reserve Command and was given the opportunity to respond by 13 April 2023. There is no record of a response from the applicant. 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 agreed timely he submitted properly completed 1390s. However, through no fault of the applicant, they were returned due to the fact that they were signed by a noncommissioned officer (NCO) that did not have a signature card on file with AHRC. Based on the preponderance of the documentation available for review which clearly reflects an administrative error, 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 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 timely submission of DA Forms 1380 for duty performed on the following dates: • 19 April 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 • 26 April 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 • 24 May 2021, 8 hours, N-1, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 • 13 September 2021, 8 hours, N-2, SOLDIER PERFORMED DUTIES OF IMA POSITION, Fort Eustis DHC, 577 Sternberg Ave, Fort Eustis, VA 23604 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. ? REFERENCE: Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) Chapter 2: Paragraph 2-4a states personnel on active duty, Active Duty Training (ADT), Inactive Duty Training (IADT), involuntary ADT, or Annual Training (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. A maximum of two retirement points may be credited for attendance at unit Battle Assemblies (BA) or IDT in any 1 calendar day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011821 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1