IN THE CASE OF: BOARD DATE: 6 September 2022 DOCKET NUMBER: AR20220003908 APPLICANT REQUESTS: correction of his record to show he was awarded retirement points for May, August, and December 2020. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 3 x DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) * Letter of Lateness FACTS: 1. The applicant states, in pertinent part, he was a reservist in the U.S. Army and drilled for points only. After each drill, he immediately submitted a DA Form 1380 to his unit to be granted the points. After checking his retirement points regularly, he found out that his points for the drills in May, August and December 2020 were still missing. He wrote his unit several times asking for an update. Due to excessive overturn of administrative personnel at his unit, the DA Forms 1380 were submitted to the U.S. Army Human Resources Command (HRC) late. He is asking the Board to grant him the missing points for May, August, and December 2020. Meanwhile, he is retired, and this affects his retired pay. The correction should be made because as a member of the U.S. Army, he fulfilled his duties and served on the dates indicated. He submitted the forms to his unit on time, therefore, the points should be granted and reflected in his records. 2. The applicant's service records show: a. On 18 April 2000, the applicant enlisted in the U.S. Army Reserve (USAR) delayed entry program (DEP) for a period of 8 years. On 23 May 2000, the applicant was discharged from the USAR DEP and entered active duty for a period of 4 years. b. The applicant had immediate reenlistments on 23 September 2003, for a period of 3 years; 12 September 2005, for a period of four years; and 9 May 2008, for a period of 4 years. c. On 8 May 2012, he was honorably discharged from active duty. He completed 11 years, 11 months, and 16 days of active duty service. d. On 18 February 2016, the applicant enlisted in the USAR for a period of 6 years. e. His service records contained DA Forms 1380 for training on the following days: * 20 August 2018 through 24 August 2018, 4 hours each day, submitted on 13 September 2018 * 16 November 2018 through 18 November 2018, 8 hours each day, submitted on 18 November 2018 * 1 December 2018 through 2 December 2018, 8 hours each day, submitted on 2 December 2018 * 12 January 2019 through 13 January 2019, 8 hours each day, submitted on 13 January 2019 * 23 February 2018 through 25 February 2018, 8 hours each day, submitted on 19 February 2019 * 14 March 2019 and 21 March 2019, 4 hours each, submitted on 25 March 2019 * 11 April 2019 4 hours, 12 April 2019 through 14 April 2019, 8 hours each day, submitted on 15 April 2019 * 27 April 2018, 4 hours, submitted on 1 May 2019 * 15 May 2019, 4 hours, submitted on 15 May 2019 * 16 May 2019, 4 hours, submitted on 16 May 2019 * 20 July 2019 through 21 July 2019, 8 hours each day, submitted on 23 July 2019 * 13 September 2019 through 15 September 2019, 8 hours each day, submitted on 15 September 2019 * 18 April 2020 through 19 April 2020, 8 hours each day, submitted on 19 April 2020 * 16 May 2020 through 17 May 2020, 8 hours each day, submitted on 17 May 2020 * 6 June 2020 through 7 June 2020, 8 hours each day, submitted on 7 June 2020 f. On 21 January 2021, Orders Number D 021-16 published by the U.S. Army Physical Disability Agency, released the applicant from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit his retirement for permanent disability. He was placed on the retired list on 25 February 2021 with 50 percent disability. g. The applicant's DA Form 5016 (Chronological Record of Medical Care) shows he completed 16 years and 22 days of qualifying service towards non-regular retirement. A breakdown of his points for the contested years is as follows: * 18 February 2017 to 17 February 2018, 46 points * 18 February 2018 to 17 February 2019, 59 points * 18 February 2019 to 17 February 2020, 61 points * 18 February 2020 to 17 February 2021, 55 points 3. The applicant provides the following documents for the Board's consideration: a. Three DA Forms 1380, which shows he performed duty on: * 30 May 2020, 4 hours, submitted on 30 May 2020 * 26 August 2020 and 27 August 2020, 8 hours each day, submitted on 27 August 2020 * 5 December 2020 and 6 December 2020, 8 hours each day, submitted on 6 December 2020 b. A memorandum from the Operations Officer, Subject: Delinquent DA Forms 1380, dated 24 January 2021, which states, the DA Forms 1380 for the applicant for inactive duty training completed in Fiscal Year 2020 and 2021 for the months of May, August, October, and December were delinquent due to excessive overturn of administrative personnel. Unit policies had been updated appropriately to prevent future delinquencies. 4. In the processing of this case, an advisory opinion was obtained on 16 June 2022, from the Chief, Army Service Center, U.S. Army Human Resources Command. The advisory official stated the DA Forms 1380 for May, August and December are correctly filled out and were signed within a timely manner. A letter of lateness has also been provided explaining why they were submitted late. The Army Service Center believes these forms should be accepted and the points should be added to the applicant's DA Form 5016 (Statement of Retirement Points). 5. The applicant was provided a copy of this advisory opinion on 28 June 2022, to provide him an opportunity to comment and/or submit a rebuttal. 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 noted and agreed with the advisory opinion from HRC that states the DA Forms 1380 for May, August and December (i.e., 30 May 2020, 4 hours, submitted on 30 May 2020; 26 August 2020 and 27 August 2020, 8 hours each day, submitted on 27 August 2020; and 5 December 2020 and 6 December 2020, 8 hours each day, submitted on 6 December 2020) are correctly filled out and were signed within a timely manner. A letter of lateness has also been provided explaining why they were submitted late. The Board concurred with the advisory official’s recommendation that these forms should be accepted and the points should be added to the applicant's DA Form 5016. 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 rule 2, 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. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records): a. Paragraph 2-2 (Criteria for earning retirement points) states retirement points may be earned by U.S. Army Reserve Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. * Four-hour rule; Soldiers earn one point for each scheduled 4-hour period of IDT at Battle Assembly, Rescheduled Training (RST), Equivalent Training, or Additional Training Assemblies * Two-hour rule; Soldiers earn one point for each IDT period per day for funeral honors duty with a maximum of one point per calendar day * Four/eight-hour rule; Soldiers earn one point for each 4 hour or greater period, award of a second point in the same day requires additional hours to bring the day's total to a minimum of 8 hours for a maximum of two points in 1 calendar day b. Paragraph 3-3 (DA Form 1380) states nonpaid DA Forms 1380 will not be entered into Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. c. Table 3-1 provides that the code "N" will be entered for RST. The code "N" indicates the Soldier is entitled to retirement point credit only. 2. Department of Defense Instructions 1215.07 (Service Credit for Non-Regular Retirement) states inactive duty may be credited for each attendance at an inactive duty training period. A maximum of 2 retirement points for attendance at inactive duty training periods or equivalent training, in any 1 calendar day. The Service member's participation is without payment other than the pay to which the Service member is entitled as a Reserve Component member. Credit no more than one retirement point for fewer than 8 hours. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003908 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1