IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220005872 APPLICANT REQUESTS: correction of his record to show the submitted DA Form 1380 (Record of Individual Performance of Reserve Duty Training) for the addition of four (4) retirement points for October 2020. On 29 October 2020, was accepted and added to his record. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380, 29 October 2020 * Emails dated 29 October 2020, 13 March 2022, and 14 March 2022 FACTS: 1. The applicant states he requests the addition of four (4) retirement points for October 2020. On 29 October 2020, he sent his DA Form 1380 to his training manager. It was neither processed for pay nor points. He noticed this error while reviewing his points in the U.S. Army Human Resources Command (HRC) portal. He has the original outlook email and electronic DA Form 1380. He is not trying to recover pay but only points for retirement consideration. Without these points, he will not qualify for a Reserves qualifying year for retirement. 2. A review of the applicant's official records show the following: a. On 23 August 2001, the applicant enlisted as a Cadet in the U.S. Army Reserve (USAR) for 8 years. b. On 7 May 2005, DA Form 71 (Oath of Office Military Personnel) shows the applicant executed an oath of office and was appointed as a Reserve commissioned officer. c. Orders Number A-04-911372 issued by HRC, St. Louis, MO, ordered the applicant to active duty with a report date of 8 June 2009 for the purpose of fulfilling active duty requirement in a voluntary indefinite status. d. On 30 June 2020, the applicant was released from active duty and transferred to his USAR unit. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 11 years and 23 days of net active service with 4 years, 1 month and 1-day total prior inactive service. e. DA Form 5016 (Chronological Statement of Retirement Points) shows for the retirement year beginning on 30 June 2020 and ending on 6 May 2021, he earned 29 Inactive Duty (IDT) points, 13 membership points, totaling 42 total points creditable. 3. The applicant provides: a. DA Form 1380 dated 29 October 2020 showing the following: * 20 October 2020 – 4 hours; William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX, Department of Emergency Medicine administrative chart review for peer review * 20 October 2020 – 4 hours; Obtaining flu vaccine at WBAMC * 21 October 2020 – 4 hours; WBAMC, Department of Emergency Medicine administrative chart review for peer review b. Emails dated 29 October 2020, 13 March 2022 and 14 March 2022 indicating the applicant submitted his DA Form 1380 on 29 October 2020. The emails also state he reviewed the HRC portal and noticed he was only credited for 42 points which does not qualify for a good year. It appeared October and December 2020 were not counted. The applicant was instructed to petition the Board for a correction and update of his records. 4. On 5 October 2022, Headquarters, United States Army Reserve Command (USARC), Retirement Service Officer, provided an advisory opinion for this case and stated, records indicate the applicant submitted his DA Form 1380 for pay in a timely manner and his unit failed to process it. USARC recommends full back pay and award of retirement points for the periods 20-21 October 2020 as indicated on his DA Form 1380. Full administrative relief granted. 5. On 17 October 2022, the advisory opinion was provided to the applicant for comment. 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, his military records, and regulatory guidance were carefully considered. The Board reviewed and agreed with the USARC G-1 advisory opinion that the applicant submitted his DA Form 1380 for pay in a timely manner and his unit failed to process it. USARC recommends full back pay and award of retirement points for the periods 20-21 October 2020 as indicated on his DA Form 1380. 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 the applicant timely submitted his DA Form 1380 for training completed during the period 20-21 October 2020 * showing the U.S. Army Human Resources Command timely received, accepted, and processed his DA Form 1380 * adjusting the applicant’s DA Form 5016 to credit him with an appropriate number of retirement points for the contested period 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) 140-1 (Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the U.S. Army Reserve (USAR). Paragraph 3-26 (Training of Soldiers in a non-pay status) states, Soldiers in an active status may take part in IDT in a non-pay status when authorized by the appropriate commander. In pertinent part, individual retirement points are approved for participation when using administrative skills in support of Troop Program Unit (TPU) and USAR activities, and conducting or reviewing medical examinations, and related medical duties. 2. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) contains Army policy for USAR training and retirement point credit. Paragraph 2-1 (Criteria for crediting retirement points) states IDT will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005872 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1