IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20230001516 APPLICANT REQUESTS: update of retirement points for 2015 through 2016 for duty performed (12 points). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Letter * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * DA Form 5016 (Chronological Statement of Retirement Points) 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, on his application and personal letter, in effect: a. He has the incorrect retirement points for his sixth retirement year. He is seeking to have his 2015 through 2016 service year points updated based on six days of makeup duty that was never accurately recorded in his service history due to a clerical error. He attached a point only DA Form 1380, which shows the six days in question. b. In his sixth year of active reserve status, he conducted two three day makeup drills for missed Annual Training (AT) due to school conflicts. The DA Form 1380 for these makeup days was not filled out properly and was subsequently lost resulting in the grave error of him not having enough points for a good year. c. He reached out to his former first sergeant who was aware of the makeup days and helped coordinate with his old unit to complete a point only DA Form 1380 and file it with the U.S. Army Human Resources Command (AHRC). d. He was supposed to hear something back within six months and upon following up multiple times, he learned AHRC had forwarded this point only correction to the Army Review Boards Agency (ARBA). e. After contacting ARBA, he was told they did not have records of anything involving him, which is why he submitted his application. Ultimately, he made up his missed AT by performing duty for six days and helping out his unit. He did not expect any clerical errors to occur and only found out about the error when he was applying for a Department of Veterans Affairs (VA) loan in 2021. f. He has been trying to resolve this situation for more than a year and is just trying to correct a mistake that never should have happened. He discovered his points error in October of 2021 when applying for a VA loan. He was blindsided that he was ineligible due to having a bad year of retirement service and immediately tried to rectify the situation by reaching out to his old unit and submitting paperwork to AHRC. g. He is a former sergeant who served in the U.S. Army Reserve (USAR). He is reaching out to the Board due to a severe state of confusion caused by an error in his USAR service records. In the summer of 2021, he and his wife applied for a VA home loan only to learn upon placing an offer on a house that his final year of USAR service did not qualify for a good retirement year. This was preposterous as he knew he had coordinated a good final year with his unit. 3. The applicant's service record contains the following documents for the Board's consideration: a. DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), shows the applicant enlisted/reenlisted in the USAR on: * 10 November 2010, for a period of 8 years * 14 August 2016, for a period of 3 years b. Orders Number 16-333-00054, published by Headquarters, 88th Regional Support Command, dated 28 November 2016 reassigned the applicant to the USAR Control Group (Reinforcement) on 28 December 2016 for expiration of USAR service obligation. c. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 8 November 2019 shows the applicant extended his enlisted in the USAR Control Group (Reinforcement) for a period of 6 months. d. Orders Number D-05-010582, published by AHRC, dated 12 May 2020 honorably discharged the applicant from the USAR, effective 12 May 2020. e. DA Form 5016 (Chronological Statement of Retirement Points), dated 6 April 2023 shows the applicant had the following points from: * 10 November 2015 through 9 November 2016, 26 Inactive Duty Training (IDT) points and 15 membership points, 41 total points creditable * 10 November 2016 through 9 November 2017, 15 membership points, 15 total points creditable 4. The applicant provides a DA Form 1380, dated 27 October 2021, which is signed by a person with knowledge of the duty performed, which shows the applicant performed duty on: * 7 September 2016, 8 hours (2 retirement points) * 8 September 2016, 8 hours (2 retirement points) * 9 September 2016, 8 hours (2 retirement points) * 14 September 2016, 8 hours (2 retirement points) * 15 September 2016, 8 hours (2 retirement points) * 16 September 2016, 8 hours (2 retirement points) 5. On 6 April 2023, the AHRC, Chief, Army Service Center, provided an advisory opinion for the Board's consideration, which states, in effect: a. AHRC reviewed the application and Army Regulation (AR) 140-185 (Training and Retirement Point Credit and Unit Level Strength Accounting Records), paragraph 3-3, which requires that nonpaid DA Forms 1380 be forwarded to AHRC for award of retirement points no later than the end of each duty month. b. The DA Form 1380 for September 2016 was prepared on 15 November 2021 and submitted to the AHRC Reserve Pay Team on 28 February 2022. The AHRC Reserve Pay Team returned the DA Form 1380 without action and referred the applicant to ARBA. This submission is not in accordance with regulatory guidance. AHRC cannot process the DA Form 1380 for points only without direction from the Board. c. AHRC enclosed the applicant's updated DA Form 5016 showing his retirement points after correcting his Anniversary Year Ending date to 11/09. The DA Form 5016 is available for the Board's consideration. 6. On 14 April 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. 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 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, at no fault of the applicant his records should be corrected to show he completed the training for the periods of 7- 9 September 2016 and 14 – 16 September 2016. Based on this, the Board granted relief correct his 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 Human Resources Command for the periods of 7- 9 September 2016 and 14 – 16 September 2016. 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. 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) AR20230001516 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1