IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220003537 APPLICANT REQUESTS: * correction of his records to show retirement points for Fiscal Years (FY) 2020 and 2021 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 4 x DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) * Memorandum, Subject: Lateness for Submission of DA Forms 1380, 10 August 2021 FACTS: 1. The applicant states, in effect: a. He was awarded a Department of Veteran Affairs (VA) rating of 90 percent in 2019. Since then, he has requested all drills be coded as points only. In 2020, his unit went to full virtual Battle Assembly (BA). He has not received all of his retirement points since going to points only pay. His information shows he only has 19 years of good service when, in fact, should now have 21 years. His command has attempted to correct this situation to no avail. and he has not been awarded his time or his 20-Year letter needed for retirement. All for points only is not being processed and he is not being credited with the time he has attended drills for FY 2020 and FY 2021. b. He completed 20 years of service in May 2020 but still has not received his service letter resulting in him having to extend his contract to correct this; however, with his unit advisory changing six times, there has been no consistency or stability and he has not made any headway on the situation. He just recently was told it was on him to get the records corrected and the unit would no longer assist him in this matter. 2. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows the applicant enlisted in the Army National Guard (ARNG) on 20 March 2000 for a period of 8 years. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was a member of the ARNG and entered active duty on 3 January 2001 and was released on 1 February 2001. He completed 29 days of active duty service. c. NGB Form 22 (Report of Separation and Record of Service) showing the applicant was honorably discharged on 22 March 2006. He completed 6 years of ARNG service. He was honorably discharged for Enlistment, Reenlistment, Immediate Reenlistment in any other component of the Armed Forces. d. DD Form 4 shows on 23 March 2006, the applicant enlisted in the Regular Army for a period of 3 years. e. DD Form 214 shows the applicant entered active duty on 23 March 2006 and was honorably discharged on 7 May 2014. He completed 8 years, 1 month, and 15 days of active duty service with 3 months and 18 days prior active duty service and 5 years, 8 months and 15 days of prior inactive duty service. He was discharged for completion of required active service. f. The applicant's service record is void of an enlistment document showing his enlistment into the U.S. Army Reserve (USAR); however, on 11 April 2021, he completed a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) which shows his current enlistment began on 8 May 2014. He was extending his enlistment for a period of 1 year. g. DA Form 5016 (Chronological Statement of Retirement Points), dated 25 January 2023, shows he earned the following points: * 20 March 2019 to 19 March 2020, 26 Inactive Duty (IDT) points, 15 membership points, 41 total points creditable * 20 March 2020 to 19 March 2021, 13 IDT points, 15 membership points, 14 active duty points, 42 total points creditable * 20 March 2021 to 19 March 2022, 36 IDT points, 15 membership points, 51 total points creditable * The from shows he completed a total of 20 qualifying years of service toward non-regular retirement 3. The applicant provides the following documents for the Board's consideration: a. Four DA Forms 1380, dated 10 August 2021, which show the applicant performed duty on: * 11 September 2020, 8 hours (2 points), Completion of Virtual Battle Assembly * 12 September 2020, 8 hours (2 points), Completion of Virtual Battle Assembly * 13 September 2020, 8 hours (2 points), Completion of Virtual Battle Assembly * 7 November 2020, 8 hours (2 points), Completion of Virtual Battle Assembly * 8 November 2020, 8 hours (2 points), Completion of Virtual Battle Assembly * 5 December 2020, 8 hours (2 points), Completion of Virtual Battle Assembly b. Memorandum, Subject: Lateness for Submission of DA Forms 1380 for the applicant, dated 10 August 2021, which states in August 2021, the commander was made aware the applicant had not been awarded points for Battle Assembly (BA)/Virtual Battle Assembly during periods of September 2020 through December 2020. The commander has direct knowledge the Soldier did complete all duties associated with the training dates on the submitted DA Forms 1380. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant provided a memorandum of lateness which states in August 2021, the commander was made aware the applicant had not been awarded points for Battle Assembly (BA)/Virtual Battle Assembly during periods of September 2020 through December 2020. The commander has direct knowledge the Soldier did complete all duties associated with the training dates on the submitted DA Forms 1380. Nevertheless, there is no evidence the applicant addressed the retirement pints issue through his unit administrator with the U.S. Army Reserve Command or the U.S. Army Human Resources Command and was denied relief, and it is unclear if his DA Form 5016 has already credited the requested points during the contested anniversary years. ? 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. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized. It discusses the procedures for recording retirement point credits and training. It provides guidance for the use of completing DA Form 1380. Paragraph 3-3 states: a. The purpose of this form is to record IDT by: (1) Troop Program Unit Soldiers performing Inactive Duty Training assemblies when pay is authorized, and the Soldier is not present to sign the Inactive Duty Training attendance roster. (2) Troop Program Unit Soldiers attached to another USAR unit for 89 or fewer days. In such cases the unit of attachment will prepare DA Form 1380 and forward to unit of assignment for recording attendance. (3) 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 Inactive Duty Training with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. (4) Non-unit Soldiers performing other inactive duty training for retirement point credit. b. DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training with their unit subsequent to the scheduled BA. Troop Program Unit 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 HRC 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. c. 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 BA or IDT in any 1 calendar 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// ABCMR Record of Proceedings (cont) AR20220003537 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1