IN THE CASE OF: 

		BOARD DATE: 19 July 2023

		DOCKET NUMBER: AR20230001332


APPLICANT REQUESTS: correction of his retirement points for the retirement years of 
2007-2009 to reflect the inclusion of service for points performed.

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), 
30 September 2008
*	DA Form 1380, 3 May 2009
*	Email correspondence

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 pertinent part, he is looking to have 6 retirement points 
added to his record from 2007-2009 that were not credited at the time. The points were 
earned and attested by his commander but never added to the record.

3.  A review of the applicant's available service record reflects the following:

a.	On 18 September 1990, he enlisted in the Army Reserve as a Cadet in the 
Reserve Officers' Training Corps (ROTC) program with University.

   b.	On 14 May 1993, he accepted a commission as a Reserve officer and executed 
an oath of office.

c.	On 13 June 2013, the U.S. Army Human Resources Command (HRC) issued a 
Memorandum for Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

d.	On 17 April 2023, the Department of the Army issued Orders Number 
0004497246.00 for permanent change of assignment to the U.S. Army Reserve (USAR) 
Retired Reserve, effective 1 June 2023.

e.	DA Form 5016 (Retirement Accounting Statement), dated 12 June 2023 shows:

(1)	 For the retirement year ending on 13 May 2008, the applicant earned 46 
Inactive Duty Training (IDT) points, 15 membership points, 17 Active Duty (AD) points, 
and 1 qualifying year for retirement, totaling 78 total points creditable. 

(2)	For the retirement year ending on 13 May 2009, the applicant earned 48 IDT 
points, 15 membership points, 10 AD points, and 1 qualifying year for retirement, 
totaling 73 total points credible.

4.  The applicant provides the following:

a.	DA Form 1380, dated 30 September 2008, showing the applicant completed 
training on the following dates, for 1 hour each, totaling 3 retirement points.

*	11 and 25 October 2007
*	29 November 2007
*	3 and 31 January 2008
*	28 February 2008
*	3 and 24 April 2008
*	5 and 26 June 2008
*	7 August 2008
*	6 September 2008

b.	DA Form 1380, dated 3 May 2009, showing the applicant completed 
training on the following dates, for 1 hour each, totaling 3 retirement points.

*	9 October 2008
*	6 and 20 November 2008
*	30 December 2008
*	20 and 26 February 2009
*	6,26,30, and 31 March 2009
*	23 April 2009

c.	Email correspondence, dated 17 October 2022, from the 99th Readiness 
Division, notifying the applicant that he will need to submit his request to the Army 
Review Boards Agency for consideration.

5.  On 28 April 2023, Headquarters, U.S. Army Reserve Command (USARC), Branch 
Chief, provided an advisory recommending approval of the applicant's request stating, 
in effect, USARC reviewed the applicant's documents and determined he should be 
awarded the points in accordance with Army Regulation (AR) 140-185 (Training and 
Retirement Point Credits and Unit Level Strength Accounting Records). His DA Forms 
1380 show he did provide service between 2007 and 2009, but the points were not 
processed properly. This was most likely due to the form being filled out incorrectly. Full 
administrative relief granted.

6.  On 11 May 2023, the applicant was provided with a copy of the advisory opinion to 
provide a response. As of 25 May 2023, he 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 
Headquarters, U.S. Army Reserve Command (USARC), Branch Chief advisory opinion, 
the Board concurred with the advising official finding 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; at no fault of the applicant his records should be 
corrected to show he completed the training for the retirement years of 2007-2009 to 
reflect the inclusion of service for points performed.  Based on this, the Board granted 
relief for correction of retirement points to reflect the inclusion of service performed.


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 his higher headquarters for 
retirement points for the retirement years of 2007-2009 to reflect the inclusion of service 
for points 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), 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)	AR20230001332


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1