IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20230000698 APPLICANT REQUESTS: retirement points credit for the period of 11 August 2018 through 10 August 2019 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Corrected Copy of DA Form 1380 * Memorandum for Record (MFR), Subject: Exception to Policy (ETP) DA Form 1380 Late Submission FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: a. When he was reviewing his DA Form 5016 (Chronological Statement of Retirement Points) he discovered he did not receive a qualifying year for retirement for the period of 11 August 2018 through 10 August 2019. On 26 April 2021, his inquiry was forwarded to the U.S. Army War College (USAWC) G-1 for assistance. b. From 1 July 2019 through 3 July 2019, he performed Individual Active Duty Training (IADT) at the University of at an Army Medical Department (AMEDD) recruiting event. His DA Form 1380 was submitted to his command team at the 405th Field Hospital on 20 July 2019. c. He transferred from that unit to the USAWC as an Individual Mobilization Augmentee (IMA) Soldier, effective 5 August 2019. d. On 20 July 2020, he initiated an inquiry with his previous unit, after reviewing his DA Form 5016 and discovering that he did not receive a qualifying year for the period 11 August 2018 through 10 August 2019. e. On 26 April 2021, his inquiry was forwarded to USAWC G-1 for assistance. He is requesting the DA Form 1380 be processed. f. The USAWC G-1 contacted his previous unit and was told his previous unit was unable to process the action since he was no longer assigned to the unit. The DA Form 1380 was then forwarded to the pay administrator. On 22 June 2021, the pay administrator advised there was an error on the original DA Form 1380, and she could not process it. 3. The applicant's service record contains the following documents, for the Board's consideration: a. DA Form 5016 shows the applicant enlisted in the U.S. Army Reserve on 11 August 1999. b. Memorandum, Subject: Notification of Eligibility for Retired pay at Non-Regular Retirement (20-Year Letter), dated 3 October 2022, informed the applicant he was eligible for retired pay, upon application, at age 60. c. DA Form 5016 dated 13 July 2023 shows from 11 August 2018 through 10 August 2019, he earned 29 Inactive Duty Training (IDT) points and 15 membership points, for a total of 44 points creditable. He did not receive a qualifying year for retirement. 4. The applicant provides the following documents for the Board's consideration: a. DA Form 1380 dated 1 July 2019, which shows he performed duty from 1 July 2019 through 3 July 2019, 8 hours per day (2 retirement points per day, totaling 6 retirement points). DA Form 1380, dated 23 June 2021, made corrections to the DA Form 1380, dated 1 July 2019, to show in box 9 (The above named Soldier Performed) "appropriate" instead of "other Rescheduled Training" and Soldier Performed Duties of Individual Mobilization Augmentee instead of "Conducted Army Physical Fitness Test and AMEDD Recruiting Event, Subject Matter Expert for undergraduate medical clinic at the University of Vermont Medical School, Burlington, VT." The form was endorsed by Staff Sergeant , AMEDD recruiter. b. An MFR, Subject: ETP for DA Form 1380 Late Submission, dated 23 July 2021, states in effect: (1) From 1 July 2019 through 3 July 2019, the applicant performed IADT at the University of Vermont at an AMEDD recruiting event. The applicant's DA Form 1380 was submitted to his command team at the 405th Field Hospital. (2) The applicant transferred from the 405th Field Hospital to the USAWC as an IMA Soldier effective 5 August 2019. On 20 July 2020, the applicant initiated an inquiry with his previous unit, after reviewing his DA Form 5016 and discovering he did not receive a qualifying year for the period of 11 August 2018 through 10 August 2019. On 26 April 2021, the applicant's inquiry was forwarded to the USAWC G-1 for assistance. (3) The author of the MFR requested the DA Form 1380 for the applicant be processed. The USAWC G-1 contacted the applicant's previous unit and was told they were unable to process the action since the applicant was no longer assigned to the unit. The DA Form 1380 was then forwarded to a pay administrator and who advised there was an error with the original DA Form 1380, and it could not be processed. 5. On 30 May 2023, the U.S. Army Human Resources Command (AHRC), Chief, Operations and Readiness Division, provided an advisory opinion for the Board's consideration, which states, in effect: a. The applicant is requesting a review of his retirement point record for a qualifying year for Anniversary Year Ending 10 August 2019. b. AHRC reviewed the application. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) requires that nonpaid DA Forms 1380 be forwarded to AHRC for award of retirement points no later than the end of each duty month. c. The DA Form 1380 was submitted to the Unit Pay Administrator for pay and not processed. AHRC cannot award nonpaid retirement points without direction from the Board. 6. On 7 June 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to deny relief based on the applicant not submitting this DA Form 1380’s in a timely manner. However, upon review of the applicant’s petition, available military records and the U.S. Army Human Resources Command advisory the Board determined there was sufficient evidence to show the applicant completed the training and submitted the proper documentation in a timely manner to his headquarters, but never received credit for the points allocated on his 1380’s. The Board determined; due to no fault of the applicant his records should be corrected to show he completed the training for the periods of 11 August 2018 through 10 August 2019 in accordance with the applicant’s DA Form 1380’s. Based on this, the Board granted relief to correct his retirement points to reflect the inclusion of service performed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : 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 the applicant submitted his DA Form 1380’s in a timely manner to Human Resources Command for the periods of 11 August 2018 through 10 August 2019 for service performed. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. a. 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 Battle Assemblies (BA) or IDT in any 1 calendar day. b. Paragraph 3-3 states: (1) The purpose of DA Form 1380 is to record Inactive Duty Training by: (2) 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. (3) 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. (4) 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. (5) Non-unit Soldiers performing other inactive duty training for retirement point credit. c. DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training with their unit subsequent to the scheduled Battle Assembly. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000698 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1