IN THE CASE OF: BOARD DATE: 20 July 2023 DOCKET NUMBER: AR20220012026 APPLICANT REQUESTS: correction of his retirement points from August 2020 through May 2022 and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Personal Letter • Email correspondence • DA Form 1380 (Record of Individual Performance of Reserve Duty Training), 31 May 2020 • DD Form 577 (Appointment/Termination Record – Authorized Signature), 12 August 2019 • Continuing Medical Education (CME) Certificate of training • DA Form 1380, 30 June 2020 • Certificate of Completion • DA Form 1380, 31 July 2020 • DD Form 2813 (Department of Defense Active Duty/Reserve Dental Examination), 17 July 2020 • DA Form 1380, 31 August 2020 • Reserve Health Readiness Program Voucher for Service • DA Form 1380, covering September 2020 • Certificate of Attendance, 1 October 2020 • Certificate of Participation, 21-22 September 2020 • The Society of Thoracic Surgeons Certificate of completion, covering 24-26 September 2020 • DA Form 1380, covering December 2020 • Continuing Medical Education Certificate, dated 16 December 2020 • DA Form 1380, covering January 2021 • Society of Diagnostic Medical Sonography Transcript • DA Form 1380, covering February 2021 • SVS VESAP5 Transcript • DA Form 1380, covering March 2021 • Certificate of Completion, 8 March 2021 • DA Form 1380, covering April 2021 • Certificate of Completion, dated 29 April 2021 • DA Form 1380, covering May 2021 • Certificate of Attendance American Thoracic Society (ATS) International Conference, covering 14-19 May 2021 • CME Certificate, 22 May 2021 • DA Form 1380, covering June 2021 • Certificate of Completion, covering 10-12 June 2021 • Certificate of Completion, covering 18-21 June 2021 • DA Form 1380, covering July 2021 • Certificate of Completion, covering 26-27 July 2021 • DA Form 1380, covering August 2021 • Physician Continuing Education Certificate, covering 17-21 August 2021 • Certificate of Completion, 21 August 2021 • Voucher for Service, dated 27 August 2021 • DA Form 1380, covering September 2021 • Certificate of Credit, covering 22-24 September 2021 • DA Form 1380, covering May 2022 • Certificate of Attendance, dated 13 May 2022 • Certificate of Attendance, covering 15-17 May 2022 • DA Form 1380, covering August 2022 • Voucher for Service, dated 25 August 2022 FACTS: 1. The applicant states, in pertinent part, he is in his 29th year as a Reserve Medical Corps Thoracic Surgeon and he has always submitted his DA Forms 1380 to the U.S. Army Human Resources Command (HRC) for processing with no issue. However, since 2020, his DA Forms 1380 were not processed because of delays and staffing issues during the COVID-19 crisis which caused the forms to not be processed in a timely fashion. For several months, he submitted forms with no response from HRC, and when finally reaching the staff, he was notified of rule changes which required him to make adjustments to the forms several times. Once he was able to make all required changes to the DA Forms 1380, they were more than 30 days past the due date and had to be sent to the Army Review Boards Agency (ARBA) for review. 2. A review of the applicant's available service records reflects the following: a. On 7 May 1993, he was appointed as a Reserve commissioned officer and executed an oath of office. b. On 7 June 1996, the American Board of Thoracic Surgery issued a Certificate of completion certifying the applicant satisfied all requirements and successfully passed the examination for Thoracic and Cardiac Surgery. c. On 18 July 2013, HRC issued a Memorandum for Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). d. He continues service with the U.S. Army Reserve. e. DA Form 5016 (Retirement Accounting Statement), dated 5 June 2023 shows the following: (1) For the retirement year ending on 6 May 2021, the applicant earned 50 Inactive Duty Training (IDT) points, 15 membership points, and 15 Active Duty Training (ADT) points, totaling 80 total points creditable. (2) For the retirement year ending on 6 May 2022, the applicant earned 48 IDT points, 15 membership points, and 14 ADT points, totaling 77 total points creditable. (3) For the retirement year ending on 13 November 2022, the applicant earned 8 membership points, totaling 8 total points creditable. 3. The applicant provides the following: a. Personal letter detailing the forms and supporting documents sent for review and processing. b. Email correspondence from HRC, Human Resources Assistant, Retirement Points Team, Reserve Personnel Action Branch, notifying him that he would need to contact ARBA for assistance with processing his requests for retirement points. c. DA Form 1380, dated 31 May 2020 showing he completed training on 23 and 24 May 2020, for 8 hours each, totaling 4 retirement points. The following documents were submitted in support: (1) DD Form 577 dated 12 August 2019 showing Mr. M- C- as a signatory authority for the DA Forms 1380 and supporting documents. (2) CME Certificate of training showing his attendance at the American Association for Thoracic Surgery in May 2020. d. DA Form 1380, dated 30 June 2020, showing he completed training on 1,2,3, and 4 June 2020, for 8 hours each, totaling 8 retirement points. The Certificate of Completion showing his attendance at the 2020 ASAIO Meeting from 1-4 June 2020 was submitted as supporting evidence. e. DA Form 1380, dated 31 July 2020, showing he completed training on 17 July 2020, for 4 hours, totaling 1 retirement point. He submitted DD Form 2813 (Department of Defense Active Duty/Reserve Dental Examination) showing his attendance for a dental examination on 17 July 2020. f. DA Form 1380, dated 31 August 2020, showing he completed training on 31 August 2020, for 4 hours, totaling 1 retirement point. He submitted Reserve Health Readiness Program Voucher for Service showing his attendance for the examination on 31 August 2020. g. DA Form 1380, covering September 2020, showing he completed training on 10,11,24, and 25 September 2020 for 8 hours each, and 12,21, and 26 September 2020, for 4 hours each, totaling 11 retirement points. He submitted the following supporting documents. (1) Certificate of Attendance, dated 1 October 2020 showing his attendance in the educational activity from 10-12 September 2020. (2) Certificate of Participation, dated 21-22 September 2020 showing his attendance at the Internet Live – The Surgeon General Consultants Leader Development and Training Symposium from 21-22 September 2020. (3) The Society of Thoracic Surgeons Certificate of completion showing his participation in the educational activity from 24-26 September 2020. h. DA Form 1380, covering December 2020, showing he completed training on 12,13,14,15, and 16 December 2020, for 8 hours each, totaling 10 retirement points. He submitted a CME Certificate, dated 16 December 2020 showing his attendance for the activity sessions for the 2020 AMSUS Annual Meeting in December 2020. i. DA Form 1380, covering January 2021 showing he completed training on 11,12,13,14,15,16,17,18,19,20, and 21 January 2021, for 4 hours each, totaling 11 retirement points. He submitted a Society of Diagnostic Medical Sonography Transcript showing his completion of continuing medical education from 11-21 January 2021. j. DA Form 1380, dated 28 February 2021, showing he completed training on 18,19, and 20 February 2021, for 4 hours each, totaling 3 retirement points. He submitted a SVS VESAP5 Transcript showing he completed continuing medical education from 18-20 February 2021. k. DA Form 1380, dated 31 March 2021 showing he completed training on 5 March 2021 for 8 hours, and 6 March 2021, for 4 hours, totaling 3 retirement points. He submitted a Certificate of Completion, dated 8 March 2021 showing he completed educational training in ERAS Optimizing Outcomes through Global Collaboration. l. DA Form 1380, covering April 2021, showing he completed training on 24 and 28 April 2021, for 4 hours each, and 25,26, and 27 April for 8 hours each, totaling 8 retirement points. He submitted a Certificate of Completion, dated 29 April 2021 showing he completed educational training with the International Society for Heart and Lung Transplant (ISHLT) 41st Annual meeting and Scientific Sessions. m. DA Form 1380, covering May 2021 showing he completed training on 14,15,16,17,18, 19 and 22 May 2021, for 8 hours each, totaling 14 retirement points. He submitted the following documents in support: (1) Certificate of Attendance ATS International Conference, covering 14-19 ay 2021 showing he participated in the educational activity. (2) CME Certificate, dated 22 May 2021 from the American College of Surgeons, showing he attended the Virginia Chapter and Metro DC Chapter 2021 Joint Annual Meeting. n. DA Form 1380, covering June 2021 showing he completed training on 10,11, and 12 June 2021, for 4 hours each, and 18,19,20, and 21 June 2021, for 8 hours each, totaling 11 retirement points. The following documents were submitted in support: (1) Certificate of Completion, covering 10-12 June 2021 showing he participated in the 2021 ASAIO Annual Conference. (2) Certificate of Completion, covering 18-21 June 2021 showing he participated in the American Society of Echocardiography (ASE) 2021 Scientific Sessions; Durham, NC. o. DA Form 1380, covering July 2021, showing he completed training on 26 and 27 July 2021, for 4 hours each, totaling 2 retirement points. He submitted a Certificate of Completion, covering 26-27 July 2021 showing he participated in the live activity: Internet Live-The Surgeon General Consultants Leader Development and Training Symposium. p. DA Form 1380, covering August 2021 showing he completed training on 17,18,19,20,21, and 27 August 2021, for 4 hours each, totaling 6 retirement points. The following documents were submitted in support: (1) Physician Continuing Education Certificate, covering 17-21 August 2021 showing his participation in the Vascular Annual Meeting. (2) Certificate of Completion, dated 21 August 2021 from The Society of Thoracic Surgeons showing, he participated in a virtual educational activity titled Advanced TAVR Symposium: New Perspectives for the Surgeon and Heart Team. (3) Voucher for Service, dated 27 August 2021 showing he attended his appointment for the Periodic Health Assessment (PHA). q. DA Form 1380, covering September 2021 showing he completed training on 22,23, and 24 September 2021, for 4 hours each, totaling 3 retirement points. He submitted a Certificate of Credit, covering 22-24 September 2021 from the Eastern Virginia Medical School showing he participated in a live activity. r. DA Form 1380, covering May 2022 showing he completed training on 13,14,15,16, and 17 May 2022, for 8 hours each, totaling 10 retirement points. The following documents were submitted in support: (1) Certificate of Attendance, dated 24 May 2022 from the American Association for Thoracic Surgery (AATS) showing he participated in the live activity titled AATS Aortic Symposium on 13 May 2022. (2) Certificate of Attendance, covering 15-17 May 2022 from the AATS showing he participated in the live activity titled AATS 102nd Annual Meeting. s. DA Form 1380, covering August 2022, showing he completed training on 25 August 2022, for 4 hours, totaling 1 retirement point. He submitted a Voucher for Service, dated 25 August 2022 showing he attended an appointment for a PHA. 4. On 13 April 2023, the Chief, Operations and Readiness Division, HRC, provided an advisory opinion stating, in effect, they reviewed the applicant's request for accreditation of non-paid retirement points for duty performed from August 2020 through May 2022. 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 be forwarded to HRC for award of retirement points no later than the end of each duty month. The enclosed DA Forms 1380 were submitted to HRC outside of the regulatory guidelines and contained errors in the preparation of the form. This office cannot award retirement points for DA Forms 1380 that were prepared and submitted outside of regulatory guidelines without direction from the Army Review Boards Agency. 5. On 1 May 2023, the applicant was provided with a copy of the advisory opinion to provide a response. 6. On 19 May 2023, the applicant provided a rebuttal to the advisory stating, in effect: a. He is an Army Reserve physician just completing his 30th year of service. Over the last 30 years, he has always submitted the DA Form 1380 points at the end of the month to his Individual Mobilization Augmentee (IMA) Coordinator, but unfortunately the IMA Coordinator at Tripler Army Medical Center from 2000-2023 was not doing her job. b. None of the delays were his fault as he turned the forms into the Army on time, but he cannot control how the IMA Coordinator handles them. After several calls to the IMA Coordinator each week, with no response for months, he was able to reach a supervisor at Fort Knox with HRC who confirmed that they did not receive any of his forms as they were changed or returned to the IMA Coordinator for corrections and never returned to HRC. All of this occurred during COVID-19 where there was no one to assist with resolving the issue for months at a time. c. In the fall of 2023, he flew out to the IMA Coordinator and had an in-person appointment where she reviewed and reprocessed all forms and sent them to HRC. Unfortunately, all were rejected due to the length of time from the date of the trainings or events, and he then was referred to contact ARBA. He is not looking for any pay, just retirement points for the more than 2 years’ worth of work that he earned. He is happy to speak with anyone in person or appear before the Board in D.C. if required as he only lives 60 minutes away. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board found the administrative shortcomings identified by the applicant were due to no fault of his own and led to the improper and untimely handling of the DA Forms 1380 he submitted in support of his application. The Board determined the evidence supports correction of the applicant’s record by processing the DA Forms 1380 in question and crediting him with the retirement points documented on those forms. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :xx :xx :xx 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 by processing the DA Forms 1380 provided in support of his application and updating his retirement points to reflect the creditable service documented on the forms. 7/27/2023 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. 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. 2. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//