IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20230000744 APPLICANT REQUESTS: update of her record to show retirement points earned for duty performed during the retirement years ending on 13 January 2021 and 13 January 2022. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 4 x DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), 26 February 2022 * Memorandum for Record (MFR), Subject: Letter of Lateness * Email traffic with instructions to submit application to the Board FACTS: 1. The applicant states, in effect, she requests the DA Forms 1380 be processed for retirement points. The DA Forms 1380 were delayed by the Reserve Personnel Action Center (RPAC) and thereafter she suffered the consequences of the administrative error. 2. The applicant's service record contains the following documents for the Board's consideration: a. DA Form 71 (Oath of Office Military Personnel), shows she completed the oath of office as a Reserve commissioned officer on 3 December 2008. b. DA Form 5016 (Retirement Accounting Statement), dated 12 February 2023 shows the applicant earned the following points from: * 14 January 2020 through 13 January 2021, 97 Inactive Duty Training (IDT) points, 15 membership points, 53 Active Duty (AD) points, 1 qualifying year for retirement * 14 January 2021 through 13 January 2022, 107 IDT points, 15 membership points, 43 AD points, 1 qualifying year for retirement 3. The applicant provides the following documents for the Board's consideration: a. DA Forms 1380, dated 26 February 2022, signed by the brigade commander, shows the applicant performed duty on: * 2 June 2021, 4 hours (1 retirement point) * 3 June 2021, 4 hours (1 retirement point) * 6 June 2021, 4 hours (1 retirement point) * 8 June 2021, 4 hours (1 retirement point) * 11 June 2021, 4 hours (1 retirement point) * 12 June 2021, 4 hours (1 retirement point) * 13 June 2021, 4 hours (1 retirement point) * 25 June 2021, 4 hours (1 retirement point) * 27 June 2021, 4 hours (1 retirement point) * 8 July 2021, 4 hours (1 retirement point) * 12 July 2021, 4 hours (1 retirement point) * 14 July 2021, 4 hours (1 retirement point) * 20 July 2021, 4 hours (1 retirement point) * 22 July 2021, 4 hours (1 retirement point) * 25 July 2021, 4 hours (1 retirement point) * 26 July 2021, 4 hours (1 retirement point) * 29 July 2021, 4 hours (1 retirement point) * 17 August 2021, 4 hours (1 retirement point) * 22 August 2021, 4 hours (1 retirement point) * 27 August 2021, 4 hours (1 retirement point) * 29 August 2021, 4 hours (1 retirement point) * 6 September 2021, 4 hours (1 retirement point) * 8 September 2021, 4 hours (1 retirement point) * 12 September 2021, 4 hours (1 retirement point) * 19 September 2021, 4 hours (1 retirement point) * 21 September 2021, 4 hours (1 retirement point) b. MFR, Subject: Letter of Lateness for DA Forms 1380 for the applicant, dated 31 January 2022, states in effect DA Forms 1380 were returned to the applicant for correction. The corrective actions affected the timeliness of submission to the RPAC for processing. DA Forms 1380 for June, July, August, and September 2021 have now been corrected. c. Email traffic from Army Review Boards Agency, dated 27 February 2022, which advises the applicant to submit an application to the Board. The entire email chain is available for the Board's consideration. 4. On 6 June 2023, Headquarters U.S. Army Reserve Command (USARC) Chief, Soldier Programs Branch, provided an advisory opinion for the Board's consideration, which states, in effect, USARC reviewed the applicant's documents and determined she should be awarded the points. It appears the DA Forms 1380 were not submitted correctly within the timeframe provided by regulation, but the duty was performed. Full administrative relief granted. 5. On 27 June 2023, the advisory opinion was provided to the applicant to allow her an opportunity to respond. She 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 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. Upon review of the applicant’s petition, available military records and the U.S. Army Reserve Command (USARC) Chief, Soldier Programs Branch advisory opinion, the Board concurred with the advising official finding after review by her higher headquarters, it was noted the applicant's DA Forms 1380 were not submitted correctly within the timeframe provided by regulation, but the duty was performed. and determined she should be awarded the points. The Board determined there was sufficient evidence along with the advisory opine to correct the applicant’s retirement points earned for duty performed during the retirement years ending on 13 January 2021 and 13 January 2022. Therefore, relief was granted. 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 the applicant submitted her DA Form 1380’s in a timely manner to U.S. Army Reserve Command (USARC) for retirement points earned for duty performed during the retirement years ending on 13 January 2021 and 13 January 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. REFERENCE: Army Regulation 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) AR20230000744 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1