IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230001908 APPLICANT REQUESTS: correction of retirement points. 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) * Memorandum – Subject: Explanation for Late Submission of DA Form 1380 Points Only, 27 September 2022 * DA Form 5016 (Chronological Statement of Retirement Points), 20 December 2022 FACTS: 1. The applicant states in pertinent part that she performed active-duty service for "points only." However, the unit that she performed duty with did not have the personnel available to submit the supporting documents to. She notes that she is receiving disability compensation from the Department of Veterans Affairs. 2. A review of the applicant's available service records reflects the following: a. Following her service on active duty from 6 October 2015 – 29 February 2020, the applicant was transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). b. On 11 May 2021, the U.S. Army Human Resources Command issued Orders Number C-05-104973 retroactively assigning the applicant to a Troop Program Unit, effective 29 April 2021. 3. The applicant provides: a. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 20–24, and 27-28 May 2021 (8 hours per day = 14 points total). The document was endorsed by the commander on 28 September 2022. b. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" on 1-3, 5, 7-11, 21, 23, and 28 June 2021 (8 hours per day = 24 points total). The document is endorsed by the commander on 28 September 2022. c. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 29-30 June 2021 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. d. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" on 1, 6, 8, 10-11, 14-15, 19, 23, and 26-28 July 2021 (8 hours per day = 24 points total). The document is endorsed by the commander on 28 September 2022. e. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 29-30 July 2021 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. f. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 2-4, 20, 23-27 and 31 August 2021 (8 hours per day = 20 points total). The document is endorsed by the commander on 28 September 2022. g. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 1-2, and 7-12 September 2021 (8 hours per day = 16 points total). The document is endorsed by the commander on 28 September 2022. h. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 2-3 October 2021 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. i. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 6-7 November 2021 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. j. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 4-5 December 2021 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. k. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 4-6 March 2022 (8 hours per day = 6 points total). The document is endorsed by the commander on 28 September 2022. l. DA Form 1380 dated 20 September 2022, reflective of the applicant's performance of active-duty service for "points only" from 2-3 April 2022 (8 hours per day = 4 points total). The document is endorsed by the commander on 28 September 2022. m. Memorandum – Subject: Explanation for Late Submission of DA Form 1380 Points Only, dated 27 September 2022, reflective of the justification for the applicant's late submission of her DA Forms 1380; due to untrained personnel assigned to the unit (Fiscal Year 21 and 22). n. DA Form 5016 dated 20 December 2022, reflective of a detailed listing of the applicant's retirement points earned from 21 August 2015 – 20 August 2022. During Annual Year Ending (AYE) 20 August, covering the period of 21 August 2020 – 20 August 2021 and 21 August 2021 – 20 August 2022, the applicant only received 15 membership/retirement points. No other points were awarded during these periods. 4. On 8 June 2023, the Chief, Soldier Programs Branch, U.S. Army Reserve Command, provided an advisory opinion recommending approval of the applicant's request noting that the submitted DA Forms 1380 meet the criteria for points to be awarded. 5. On 29 June 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 23 August 2023, the applicant had not responded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the DA Forms 1380 submitted by the applicant meet the criteria for awarding retirement points. The Board determined the applicant’s record should be corrected by processing the DA Forms 1380 to update her retirement points. 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 by processing the DA Forms 1380 she provided with her application to update her retirement points. 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 and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) Soldiers. A qualifying year of service for non-regular retired pay is a full year during which a RC member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay. The Anniversary Year Ending (AYE) date is the annual date that a Soldier's retirement point record is closed out. It is utilized when referring to retirement points accounting. The AYE is much like a Reserve Soldier's "Anniversary" date and is a primary date captured in the Retirement Points Accounting System (RPAS). The anniversary year periods listed on the DA Form 5016 are calculated from an anniversary date. The criteria for establishing the service requirement for a satisfactory year of service for non- regular retirement per DODI 1215.07 and changing the anniversary year ending date are as follows: a. The full-year periods used for the crediting of qualifying years for non-regular retirement must be based on the anniversary years. Anniversary year periods are calculated from an anniversary date. The anniversary date is the date the service member entered active service or active status in a Reserve Component. b. Paragraph 2–2, (Criteria for Earning Retirement Points) states retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for ADT, initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), AT, and IDT. Types of IDT are: * regularly scheduled unit training includes UTA, and MUTA * Regularly Scheduled Training (RST) other than UTA/MUTA * make up assemblies for missed UTA/MUTA due to AT * Equivalent Training (ET) in lieu of scheduled UTA/MUTA or RST * additional training assemblies (ATA) * two-hour unit training assemblies * training of individual Soldiers in non-pay status c. Paragraph 2–4 (Criteria for Awarding Retirement Points) states, personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 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. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points: * one point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly maximum of 2 points in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used, except in the case of 2- hour unit training assembly's maximum of 1 point in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used except in the case of 2- hour unit training assemblies * award of a second point in the same day requires additional hours to bring the day's total to a minimum of 8, maximum of 2 points in 1 calendar day * points may not be awarded under more than one of the rules above during any single calendar day * Soldiers may not perform more than 48 BAs per fiscal year. Soldiers must perform RST within 60 days of the missed BA d. Paragraph 3-3 (DA Form 1380) provides that DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training with their unit after the scheduled Battle Assembly. TPU units will retain one copy of the DA Form 1380 to post the appropriate entry into ADARS for the months report. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001908 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1