IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220004630 APPLICANT REQUESTS: correction of retirement points for the periods 28-31 August 2017 and 27-30 November 2018. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Duty Participation 27-30 November 2018, 10 November 2020 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), 3 September 2020 * DA Form 1380, 10 November 2020 * Email communication * Memorandum – Subject: DA Form 1380 Returned Without Action (RWOA), 11 February 2021 FACTS: 1. The applicant states in pertinent part that his retirement points are incorrect for Annual Year Ending (AYE) 2017 and 2018. He contests that he did not receive qualifying service credit for his performance of Active Duty Training (ADT) from 28-31 August 2017 (8 points) and 27-30 November 2018 (8 points). He notes the error was noted during a review of his retirement points in 2020 when he realized he failed to submit the DA Forms 1380. He contacted his unit and the U.S. Army Human Resources Command (HRC) for guidance. He then submitted the DA Forms 1380 to HRC not realizing what dates the DA Forms 1380 were for. HRC returned the documents to him noting that they were unable to process them because they were not submitted in accordance with the governing policy. He adds that the delay in submission was the result of processing delays and COVID 19 work adjustments. 2. A review of the applicant's available service records reflects the following: a. After serving in the Active Component for 6 years, the applicant enlisted in the U.S. Army Reserve (USAR). b. On 8 May 2017, HRC issued Orders Number C-05-706321 reassigning the applicant as an Individual Mobilization Augmentee (IMA) to the U.S.A. Space, Missile Defense and Strategic Forces Command, effective 8 May 2017. 3. The applicant provides: a. Memorandum – Subject: Duty Participation 27-30 November 2018, dated 10 November 2020, reflective of Captain (CPT) Commander, C Company, 53rd Signal Battalion verification of the applicant's performance of duty from 28-31 August 2017 in support of the Standards and Evaluations Program Crew Certification inspection. a. DA Form 1380 dated 3 September 2020, reflective of the applicant's performance of duty for points only from 28-31 August 2017 (8 hours per day at a rate of 2 points per day = 8 points). The document was endorsed by the IMA Program Coordinator on 4 February 2021. b. DA Form 1380 dated 10 November 2020, reflective of the applicant's performance of duty for points only from 27-30 November 2018 (8 hours per day at a rate of 2 points per day = 8 points). The document was endorsed by the IMA Program Coordinator on 4 February 2021. c. Email communication reflective of the applicant's attempt to have his points corrected for AYE 2017 and 2019. The applicant notes that he does not have the actual DA Forms 1380 for that period however he was able to reproduce them and obtain a memorandum for record from an officer that was able to verify his performance of duty. d. Memorandum – Subject: DA Form 1380 RWOA dated 11 February 2021, reflective of the applicant's request for the processing of his submitted DA Forms 1380 being RWOA for varying reasons to include not being submitted within the month that the duty was performed. 4. A review of the applicant's DA Form 5016 (Chronological Statement of Retirement Points) and detail points history for the period of concern reflects the following: * AYE 2017 (covering the period of 7 September 2016 – 6 September 2017) = 16 Inactive Duty (IDT) points, 15 Membership points and 12 ADT points = 43 points total * AYE 2019 (covering the period of 7 September 2018 – 6 September 2019) = 31 IDT points and 15 Membership points = 46 points total The applicant's detailed retirement points history available within the Soldier Management System is void of evidence of the applicant previously receiving qualifying service credit for the period of concern. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found that, had DA Forms 1380 been submitted in a timely manner, the applicant would have been credited with the retirement points he earned for service performed on 28-31 August 2017 and 27-30 November 2018. The Board determined it would be appropriate to correct the record by crediting him with the retirement points documented on the DA Forms 1380 he provides. 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 DA Forms 1380 for duty performed on the following dates were submitted in a timely manner and by updating his record to add the retirement points earned for those periods of service. * 28-31 August 2017 * 27-30 November 2018 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 and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) Soldiers. a. Paragraph 2–2, states retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), and IDT. Types of IDT are: * regularly scheduled unit training includes Unit Training Assemblies (UTA), and Multiple Unit Training Assemblies (MUTA) * Regularly Scheduled Training (RST) other than UTA/MUTA * make up assemblies for missed UTA/MUTA due to AT * Equivalent Training (ET) in lieu of scheduled UTA/MUTA or RST * additional training assemblies (ATA) * two-hour unit training assemblies * training of individual Soldiers in non-pay status. b. Paragraph 2–4 states, personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 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. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points: * one point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly maximum of 2 points in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used, except in the case of 2- hour unit training assembly's maximum of 1 point in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used except in the case of 2- hour unit training assemblies * award of a second point in the same day requires additional hours to bring the day's total to a minimum of 8, maximum of 2 points in 1 calendar day * points may not be awarded under more than one of the rules above during any single calendar day c. Paragraph 3-3(b) provides that a DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training. The code "P" or "N" will be entered in item 9c before the retirement point credit. The code "P" indicates the Soldier is entitled to inactive duty pay for the duties performed; the code "N" indicates the Soldier is entitled to retirement point credit only. TPU units will retain one copy of the DA Form 1380 to post the appropriate entry into ADARS for the month's report and then place in the appropriate Army records information management system file. Non-paid DA Form 1380s 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. The DA Form 1380 will be scanned into the Soldiers Integrated Personnel Electronic Records Management System record by the unit of assignment. 2. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004630 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1