IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220005340 APPLICANT REQUESTS: correction of her DA Form 5016 (Chronological Record of Retirement Points) to show missing retirement pints between November 2021 and January 2022. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 18 March 2009 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) FACTS: 1. The applicant states in pertinent part that her DA Form 5016 (Chronological Statement of Retirement Points) is inaccurate as it does not reflect all of her qualifying service toward retirement. She contests that the attached DA Forms 1380 were supposed to be "paid periods of duty" however, due to late funding this did not occur. She was advised that the only way to receive credit (points only) for duty previously performed was to request relief through this Board. 2. A review of the applicant's available service records reflects the following: a. On 9 January 1996, the applicant enlisted in the Regular Army. b. On 12 October 2002, the applicant was released from the Regular Army and transferred into a Troop Program Unit. c. On 1 March 2012, the applicant received her Notification of Eligibility for Retired Pay at Age 60 (20-Year letter). d. On 23 March 2020, the U.S. Army Human Resources Command issued Orders Number C-03-003595 reassigning the applicant to the 10th Battalion, 80th Regiment Headquarters, effective 1 May 2020. e. DA Form 5016 shows the applicant earned the following points for retirement year beginning on 25 January 2021 and ending on 24 January 2022; 66 Inactive Duty (IDT) points, 15 membership points, and 41 active duty points, totaling 122 total points creditable. 3. The applicant provides the following a: a. DD Form 214 ending on 18 March 2009, reflective of her service on active duty from 4 September 2004 – 18 March 2009. b. DA Form 1380 reflective of the following: * January 2022: performance of duty for points only on 4, 6 and 31 January 2022 (8 hours per day – 6 points total); document endorsed by the Battalion Commander on 2 May 2022 * February 2022: performance of duty for points only on 3, 7-8 and 24 February 2022 (8 hours per day – 8 points total); document endorsed by the Battalion Commander on 2 May 2022 * March 2022: performance of duty for points only on 3 March 2022 (8 hours – 2 points total); document endorsed by the Battalion Commander on 2 May 2022 * August 2021: performance of duty for points only from 10-11 August 2021 (8 hours per day – 4 points total); document endorsed by the Battalion Commander on 2 May 2022 * September 2021: performance of duty for points only on 2 and 7 September 2021 (8 hours per day – 4 points total); document endorsed by the Battalion Commander on 2 May 2022 * October 2021: performance of duty for points only on 7 and 19 October 2021 (8 hours per day – 4 points total); document endorsed by the Battalion Commander on 2 May 2022 * November 2021: performance of duty for points only on 4 and 6 November 2021 (8 hours per day – 4 points total); document endorsed by the Battalion Commander on 2 May 2022 4. On 30 November 2022, the Headquarters, U.S. Army Reserve Command (USARC), Retirement Services Officer provided an advisory opinion stating: a. USARC recommends awarding the applicant retirement points for duties performed on 3 March 2022. Her DA Form 1380 for these duties was signed on time on 2 May 2022. b. USARC does not recommend awarding the applicant retirement points for the following dates: 10 August 2021, 11 August 2021, 2 September 2021, 7 September 2021, 6 November 2021, 4 January 2022, 6 January 2022, 3 February 2022, 7 February 2022, 8 February 2022, and 24 February 2022. The DA Forms 1380 for these duties were signed late on 2 May 2022. Army Regulation 140- 185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records) paragraph 3-3 (b) requires units to sign and process DA Form 1380 for award of retirement points no later than 60 days after the duty performance date. c. Full administrative relief granted for the following dates: 7 October 2021, 19 October 2021, 4 November 2021, 31 January 2022, and 3 March 2022. No administrative relief granted for the following dates: 10 August 2021, 11 August 2021, 2 September 2021, 7 September 2021, 6 November 2021, 4 January 2022, 6 January 2022, 3 February 2022, 7 February 2022, 8 February 2022, and 24 February 2022. 5. On 18 January 2023, the applicant provided an email of justification pertaining to "why the DA Forms 1380 were endorsed by the commander late." She states that previously, both she and the commander would get paid for the duty performed. However, during this time, due to the continuing resolution and other funding restraints they were informed that they would not be paid for the duty perform and would need to submit DA Forms 1380 for "points only." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the advisory official’s finding to grant relief for the applicant’s retirement points for duties performed on 3 March 2022. The DA Form 1380 for these duties was timely signed on 2 May 2022. Additionally, the Board further agreed with the advisory official not to grant retirement points for the dates: 10 August 2021, 11 August 2021, 2 September 2021, 7 September 2021, 6 November 2021, 4 January 2022, 6 January 2022, 3 February 2022, 7 February 2022, 8 February 2022, and 24 February 2022, because these were neither signed nor processed for award of retirement points no later than 60 days after the duty performance date. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DA Form 5016 to credit the applicant with retirement points performed on 3 March 2022. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to retirement points credit on 10 August 2021, 11 August 2021, 2 September 2021, 7 September 2021, 6 November 2021, 4 January 2022, 6 January 2022, 3 February 2022, 7 February 2022, 8 February 2022, and 24 February 2022. 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) AR20220005340 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1