IN THE CASE OF: BOARD DATE: 4 October 2022 DOCKET NUMBER: AR20220001975 APPLICANT REQUESTS: correction of his retirement points to reflect the inclusion of service performed between January through November 2021. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), ranging from January through November 2021 * Voucher for Service, dated 11 and 17 May 2021 * Retirement Points Summary FACTS: 1. The applicant states in pertinent part, that the retirement points in question were never administratively processed due to a unit administrator transfer. 2. A review of the applicant's available service records reflects the following: a. Having had prior enlisted service in the U.S. Marine Corps from 4 December 1991 to 11 March 1999, on 30 December 2009, the applicant enlisted in the U.S. Army Reserve for a period of 6-years. b. DA Form 2-1 (Personnel Qualification Record – Part II) item 6 (Military Occupational Specialty (MOS)) reflects he was awarded MOS 25B (Information Technology Specialist) on 29 June 2010. c. On 4 November 2017, he reenlisted in the USAR and continues service. 3. The applicant provides the following a: * DA Form 1380 dated 10 January 2021, showing the applicant completed training on 9 and 10 January 2021, for 8 hours each day, totaling 4 points. * DA Form 1380 dated 7 February 2021, showing the applicant completed training on 6 and 7 February 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 12 April 2021, showing the applicant completed training on 10 and 11 April 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 20 May 2021, showing the applicant completed training on * 11 and 17 May 2021 for 4 hours each day, totaling 2 points. * Voucher for Service dated 11 and 17 May 2021, reflects the applicant's appointments for his dental appointment and annual physical health assessment. * DA Form 1380 dated 20 May 2021, showing the applicant completed training on * 4 and 18 May 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 17 June 2021, showing the applicant completed training on 5,9,15 and 17 June 2021 for 4 hours each day, totaling 4 points. * DA Form 1380 dated 16 July 2021, showing the applicant completed training on 1,6 and 16 July 2021 for 4 hours each day, totaling 3 points. * DA Form 1380 dated 16 July 2021, showing the applicant completed training on 7 and 8 August 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 11 September 2021, showing the applicant completed * training on 11 and 12 September 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 17 October 2021, showing the applicant completed training on 16 and 17 October 2021 for 8 hours each day, totaling 4 points. * DA Form 1380 dated 7 November 2021, showing the applicant completed training on 6 November 2021 for 4 hours and 7 November 2021 for 8 hours, totaling 3 points. 4. The applicant also provided Retirement Points chronological list print out detailing the dates of service for retirement points credit from 6 January 2010 through 6 November 2021. For Anniversary Year 30 December 2020 to 29 December 2021, the applicant eared 15 membership points, 15 active duty points, and 2 inactive duty points, for a total of 32 retirement points. 5. The applicant’s data in the Soldier Management System of the HRC Integrated Web Services shows he submitted a request to HRC for the missing retirement points; however, there is no entry indicating HRC acted on his request. 6. On 30 August 2022, the U.S. Army Reserve Command, Retirement Services Officer, provided an advisory opinion recommending approval of the applicant's request citing in pertinent part, that he is eligible to receive the missing Inactive Duty Points (IDT) from the DA Forms 1380 submitted. 7. On 19 September 2022, the applicant was provided with a copy of the advisory opinion to provide a response. As of 4 October 2022, he did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, military records, and regulatory guidance were carefully considered. The Board agreed with the USARC G-1 advisory opinion recommending approval of the applicant's request citing in pertinent part, that he is eligible to receive the missing Inactive Duty Points (IDT) from the DA Forms 1380 submitted. 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 by showing he completed nonpaid DA Forms 1380, showing the appropriate rule for each, and they were forwarded to HRC in a timely manner meeting submission timelines for consideration. HRC will determine the appropriate amount of credit as a result of this correction. 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) Paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record Inactive Duty Training (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. c. 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, not attached to a unit are prohibited from performing IDT. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001975 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1