IN THE CASE OF: BOARD DATE: 21 June 2023 DOCKET NUMBER: AR20220011826 APPLICANT REQUESTS: correction of his retirement points for the retirement year of 2015 – 2016. 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) * DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) * DA Form 5500 (Body Fat Content Worksheet (Male)) 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 pertinent part, the DA Form 1380 was not processed which caused him to miss out on the accurate retirement points for the year of 2015 – 2016. He was unaware of the error as he had not checked his retirement points for some time. 3. A review of the applicant's available service shows the following: a. On 2 December 2011, he enlisted in the U.S. Army Reserve (USAR) as a Cadet with the Reserve Officers' Training Corps (ROTC) at Drexel University. b. On 15 July 2013, he commissioned as a USAR officer and executed an oath of office. c. He remains in the USAR. d. DA Form 5016 (Retirement Accounting Statement) dated 31 December 2022 shows for the retirement year ending 14 July 2016, the applicant earned 34 Inactive Duty Training (IDT) points, 15 membership points, and 0 active duty (ADT) points, totaling 49 total points creditable. 4. The applicant provides the following: a. DA Form 1380 dated 15 May 2016, showing the applicant completed training on 14 and 15 May 2016, for 8 hours each, totaling 4 retirement points. b. DA Form 705 dated 14 May 2016 showing a record of his APFT taken that day. c. DA Form 5500 dated 14 May 2016 showing a record of his height and weight recorded and approved by the unit Non-Commissioned Officer, Master Sergeant E-. 5. On 16 May 2023, the U.S. Army Human Resources Command (AHRC), Chief, Operations and Readiness Division, provided an advisory opinion stating: a. AHRC reviewed the application. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3, requires that nonpaid DA Forms 1380 are forwarded to AHRC for the award of retirement points no later than the end of each duty month. The enclosed DA Form 1380 was submitted to AHRC in August 2022 for duty performed in May 2016. b. The DA Form 1380 was not prepared or submitted in accordance with AR 140- 185. This office cannot award nonpaid retirement points only without direction from the Army Review Boards Agency 6. On 25 May 2023, the applicant was provided with a copy of the advisory opinion to provide a response. 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 Chief, Operations and Readiness Division advisory opinion, the Board determined there was sufficient evidence to show the applicant completed the training and submitted the proper documentation to his headquarters, but never received credit for the points allocated on his 1380’s. The Board agreed, at no fault of the applicant his records should be corrected to show he completed the training for the periods of 14 and 15 May 2016, for 8 hours each, totaling 4 retirement points. Based on this, the Board granted 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 the applicant submitted his DA Form 1380’s in a timely manner to Human Resources Command for the periods of 14 and 15 May 2016, for 8 hours each, totaling 4 retirement 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, 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 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record IDT performed by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR Troop Program Units, Army National Guard units, or to another service or component for training. Only attached Soldiers are authorized to perform IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) for those units. a. Nonpaid 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. b. With regard to awarding of retirement points for IDT (Four-Hour Rule), Service Members will be awarded one point for each 4-hour period of IDT duty performed. Maximum of two points per calendar day applies to IDT duty. Duty must be 8 hours in duration to receive two points per day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011826 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1