IN THE CASE OF: BOARD DATE: 30 August 2023 DOCKET NUMBER: AR20230000876 APPLICANT REQUESTS: correction of his retirement points to reflect the inclusion of service for points only performed in 2019, 2020, and 2021. 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) 3 March 2019 * DA Form 1380, 21 July 2019 * DA Form 1380, 18 August 2019 * DA Form 1380, 19 September 2019 * DA Form 1380, 21 September 2019 * DA Form 1380, 25 September 2019 * Voucher for Service, 25 September 2019 * DA Form 1380, 7 October 2019 * DA Form 1380, 18 November 2019 * DA Form 1380, 9 December 2019 * DA Form 1380, 9 January 2020 * DA Form 1380, 14 January 2020 * DA Form 1380, 19 June 2020 * DA Form 1380, 26 June 2020 * DA Form 1380, 31 July 2020 * DA Form 1380, 13 September 2020 * DA Form 1380, 13 December 2020 * DA Form 1380, 7 February 2021 * DA Form 1380, 8 March 2021 * Voucher for Service, 8 March 2021 * DA Form 1380, 30 March 2021 * DA Form 1380, 24 May 2021 * DA Form 1380, 27 July 2021 * DA Form 1380, 9 August 2021 * DA Forms 2823 (Sworn Statement) * Memorandum, Subject: Additional Duty Appointment Roster of Individuals Authorized to Certify DA Forms 1380, 15 February 2022 FACTS: 1. The applicant states, in pertinent part, his DA Forms 1380 were turned in to his chain of command but never submitted to or received by the U.S. Army Human Resources Command (HRC) to be processed correctly. Because of this error, HRC is stating he has 3 bad years for his retirement. He has 3 Master Sergeants from his unit who have testified to the legitimacy of his DA Forms 1380 needing to be processed as they were signed late to help resolve the issue. He has served diligently and simply desires to retire honorably. 2. A review of the applicant's available service record reflects the following: a. On 30 October 2000 he enlisted in the North Carolina Army National Guard (NCARNG). b. National Guard Bureau Form 22 (Report of Separation and Record of Service) dated 11 November 2009 shows an honorable release from the ARNG and transfer to a U.S. Army Reserve (USAR) Troop Program Unit. He completed 9 years and 12 days of net service. c. On 12 November 2009, he enlisted in the USAR. d. DA Form 5016 (Retirement Accounting Statement), dated 22 December 2022 shows the following: (1) For the retirement year ending on 29 October 2019, the applicant earned 49 Inactive Duty Training (IDT) points, 15 membership points, and 4 Active Duty (AD) points, totaling 68 total points creditable. (2) For the retirement year ending on 29 October 2020, the applicant earned 5 IDT points, 15 membership points, and 14 AD points, totaling 34 total points credible. (3) For the retirement year ending on 29 October 2021, the applicant earned 8 IDT points, 15 membership points, and 9 AD points, totaling 32 total points credible. (4) The DA Form 5016 shows at the time the applicant completed 18 years of qualifying service for retirement. e. He continues service in the USAR. 3. The applicant provides the following: a. DA Form 1380, dated 3 March 2019, showing the applicant completed training on 2 and 3 March 2019, for 8 hours each, totaling 4 retirement points. b. DA Form 1380, dated 21 July 2019, showing the applicant completed training on 17,18, and 21 July 2019, for 8 hours each, totaling 6 retirement points. c. DA Form 1380, dated 18 August 2019, showing the applicant completed training on 17 and 18 August 2019, for 8 hours each, totaling 4 retirement points. d. DA Form 1380, dated 19 September 2019, showing the applicant completed training on 18 and 19 September 2019, for 8 hours each, totaling 4 retirement points. e. DA Form 1380, dated 21 September 2019, showing the applicant completed training on 20 and 21 September 2019, for 8 hours each, totaling 4 retirement points. f. DA Form 1380, dated 25 September 2019, showing the applicant completed training on 25 September 2019, for 4 hours, totaling 1 retirement point. g. Voucher for Service, dated 25 September 2019, showing the applicant attended an appointment for a dental exam and dental x-ray on 25 September 2019. h. DA Form 1380, dated 7 October 2019, showing the applicant completed training on 4,5, and 6 October 2019, for 8 hours each, totaling 6 retirement points. i. DA Form 1380, dated 18 November 2019, showing the applicant completed training on 16 and 17 November 2019, for 8 hours each, totaling 4 retirement points. j. DA Form 1380, dated 9 December 2019, showing the applicant completed training on 7 and 8 December 2019, for 8 hours each, totaling 4 retirement points. k. DA Form 1380, dated 9 January 2020, showing the applicant completed training on 7 and 8 January 2020, for 8 hours each, totaling 4 retirement points. l. DA Form 1380, dated 14 January 2020, showing the applicant completed training on 11 and 12 January 2020, for 8 hours each, totaling 4 retirement points. m. DA Form 1380, dated 19 June 2020, showing the applicant completed training on 17,18, and 19 June 2020, for 8 hours each, totaling 6 retirement points. n. DA Form 1380, dated 26 June 2020, showing the applicant completed training on 26 June 2020, for 8 hours, totaling 2 retirement points. o. DA Form 1380, dated 31 July 2020, showing the applicant completed training on 27 and 30 July 2020, for 8 hours each, totaling 4 retirement points. p. DA Form 1380, dated 13 September 2020, showing the applicant completed training on 12 and 13 September 2020, for 8 hours each, totaling 4 retirement points. q. DA Form 1380, dated 13 December 2020, showing the applicant completed training on 12 and 13 December 2020, for 8 hours each, totaling 4 retirement points. r. DA Form 1380, dated 7 February 2021, showing the applicant completed training on 6 and 7 February 2021, for 8 hours each, totaling 4 retirement points. s. DA Form 1380, dated 8 March 2021, showing the applicant completed training on 8 March 2021, for 4 hours, totaling 1 retirement point. t. Voucher for Service, dated 8 March 2021, showing the applicant attended a Periodic Health Assessment appointment on 8 March 2021. u. DA Form 1380, dated 30 March 2021, showing the applicant completed training on 29 and 30 March 2021, for 8 hours each, totaling 4 retirement points. v. DA Form 1380, dated 24 May 2021, showing the applicant completed training on 22 and 23 May 2021, for 8 hours each, totaling 4 retirement points. w. DA Form 1380, dated 27 July 2021, showing the applicant completed training on 26 and 27 July 2021, for 8 hours each, totaling 4 retirement points. x. DA Form 1380, dated 9 August 2021, showing the applicant completed training on 7 and 8 August 2021, for 8 hours each, totaling 4 retirement points. y. All DA Forms 1380 were endorsed either by Master Sergeant (MSG) - - and Sergeant First Class (SFC) . z. DA Forms 2823 dated 10 November 2022 from MSG - -, SFC -, and MSG - each providing supporting statements to attest to the applicant's attendance for the training dates submitted. aa. Memorandum, Subject: Additional Duty Appointment Roster of Individuals Authorized to Certify DA Forms 1380, dated 15 February 2022 reflective of SFC - -being authorized to certify DA Forms 1380 after completion of duty. The document is void of MSG–- as an authorized certifier. 4. On 13 March 2023, the United States Army Reserve Command (USARC), Branch Chief, provided an advisory opinion recommending approval of the applicant's request, stating, USARC reviewed the applicant's retirement points detail and determined he should be awarded points for duties performed in accordance with Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). Full administrative relief granted for all requested retirement points. 5. On 17 March 2023, the applicant was provided with a copy of the advisory opinion to provide a response. 6. On 1 April 2023, he provided a rebuttal to the advisory opinion, stating, in effect, he concurs with the recommendation for approval. He has been trying for several years to resolve this issue and provided the following duplicate additional documents as supporting evidence to his statement: * DA Form 1380, dated 7 October 2019 * DA Form 1380, dated 9 February 2020 * DA Form 1380, dated 19 June 2020 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 United States Army Reserve Command (USARC), Branch Chief, advisory opinion, the Board concurred with the advising official recommendation stating the applicant should be awarded points for duties performed in accordance with Army Regulation (AR) 140- 185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records). Full administrative relief granted for all requested retirement points. Based on the UASRC opine, the Board granted relief for correction of his retirement points to reflect the inclusion of service for points only performed in 2019, 2020, and 2021. ? 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 his DA Form 1380’s in a timely manner to United States Army Reserve Command (USARC) for the following periods * DA Form 1380, dated 7 October 2019 * DA Form 1380, dated 9 February 2020 * DA Form 1380, dated 19 June 2020 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: AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 3-3 (DA Form 1380) provides that the DA Form 1380 is utilized to record IDT performed by 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 IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers attached for retirement point credit to IMA detachments are reported on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) for those units. a. 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. b. With regard to awarding of retirement points for IDT (Four-Hour Rule), Service Members will be awarded one point for each 4-hour period of IDT duty performed. Maximum of two points per calendar day applies to IDT duty. Duty must be 8 hours in duration to receive two points per day. c. Only attached Soldiers are authorized to perform IDT with the exception of one annual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers not attached to a unit are prohibited from performing IDT. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000876 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1