IN THE CASE OF: BOARD DATE: 17 January 2024 DOCKET NUMBER: AR20230004830 APPLICANT REQUESTS. Correction of his DA Form 5016 (Retirement Accounting Statement) and accreditation of retirement points for duty performed January through September 2022. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Army Reserve – Record of Individual Performance of Reserve Duty Training) FACTS: 1. The applicant states he requests his retirement points updated on the DA 5016 Retirement Accounting Statement). with the attached signed documentation. He did not submit the DA 1380, causing retirements points to not be recorded. 2. The applicant provides a DA Form 1380, indicating he performed monthly equivalent duties, from 26 January 2022 to 2 September 2022. It shows the entry, “Duties in IMA Positions with HQDA, DCS, G4, Washington DC, STRATMOB Planning/Teleconference /Weekly Sync.” The DA Form 1380 is signed on 14 April 2023 3. Review of the applicant’s service records shows: a. The applicant enlisted in the Army National Guard on 23 December 2010, establishing his Retirement Anniversary Year as 23 December of each year. b. Having had prior enlisted service and as an ROTC/SMP (Reserve Officers Training Corps/Simultaneous Membership Program (SMP)) cadet, the applicant was appointed a Reserve commissioned officer on 13 January 2015. c. He entered active duty for training from 15 March to 2 July 2015 and complete the Transportation Corps Basic Officer Leader Course. d. He was assigned to 359th Transportation Battalion, Fort Eustis, VA, a troop program unit (TPU) of the U.S. Army Reserve. He was promoted to captain in September 219. e. On 14 December 2021, he was reassigned to an IMA (Individual Mobilization Augmentee) position with Office of the Deputy Chief of Staff, G-4, Pentagon. f. The applicant’s DA Form 5016 (Retirement Accounting Statement) reflects the most recent Retirement Years as follows: * 2021-12-23 to 2022-11-13, troop program unit (TPU) 35 points (12 inactive points, 10 membership points, and 13 active points * 2022-11-14 to 2022-12-22, Individual Mobilization Augmentee (IMA), 2 membership points * 2022-12-23 to 2023-12-22, pending input by unit 4. On 17 November 2023, the U.S. Army Human Resources Command (AHRC) provided an advisory opinion in the processing of this case. An advisory official restated the applicant’s request for accreditation of retirement points for duty performed January through September 2022. The HRC official stated: a. The U.S. Army Human Resources Command (AHRC) reviewed the application and requested administrative update. Army Regulation (AR) 140-185, paragraph 3-3, Training and Retirement Point Credits and Unit Level Strength Accounting Records, requires that nonpaid DA Forms 1380 be forwarded to AHRC for the award of retirement points no later than the end of each duty month. There is no record of the enclosed DA Form 1380 being received by AHRC as it is coded for pay and not nonpaid points. The enclosed DA Form 1380 also reflects that the duties were performed in 2022 and the form was signed on 14 April 2023. b. The DA Form 1380 was not prepared or submitted in accordance with AR 140- 185. This office cannot award nonpaid retirement points without direction from the Army Review Boards Agency. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal. He did not respond. 6. The DA Forms 1380 for points only are to be submitted to HRC by the assigned unit or authorized agency within 30 days of performing the duty. Outside 30 days requires a memorandum of lateness from the Commander. Only Commissioned Officers and properly authorized personnel are to sign in Block 10. Provide DD 577, or a memo signed by the Commander. 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 Human Resources Command – Personnel Services Division advisory opinion, the Board noted the advising official statement that no record of the enclosed DA Form 1380 being received by AHRC as it is coded for pay and not nonpaid points. 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 January through September 2022 based on the DA Form 1380’s. As such, the Board granted relief to correct his retirement points and 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 January through September 2022 for service 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: 2. Army Regulation (AR) 140-185 (Army Reserve Training and Retirement Point Credits and Records), 25 February 1966 in effect at the time of the applicant being appointed a commission provides the Retirement Year will be from: * The date of acceptance of appointment in a Reserve Component * The date of initial enlistment in a Reserve Component or enlistment in a Reserve Component after a break in service * The date of transfer to the Reserve Component upon release from active duty provided the individual was not a member of the reserve Component upon entry on active duty * The date transferred from an inactive status to an active status while serving as a member of a Reserve Component a. The Retirement Year will continue through the day preceding the annual anniversary thereof and will not change if the member has continuous service in an active status in the Regular and/or Reserve components of any of the Armed Forces. The Retirement Year will change when there is a break in active status (i.e., complete separation from the service, transfer to the Inactive Status List of the Standby Reserve, assignment to USAR Control Group (inactive), or assignment to USAR Control Group (Retired)). A new Retirement Year will be established after a break in the active status of the member. b. Paragraph 2–2, states retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), and IDT. Types of IDT are: * regularly scheduled unit training includes Unit Training Assemblies (UTA), and Multiple Unit Training Assemblies (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. 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 * 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 d. Paragraph 3-3(b) provides that a DA Form 1380 will be prepared for a unit Soldier who performs equivalent training or additional training. The code "P" or "N" will be entered in item 9c before the retirement point credit. The code "P" indicates the Soldier is entitled to inactive duty pay for the duties performed; the code "N" indicates the Soldier is entitled to retirement point credit only. TPU units will retain one copy of the DA Form 1380 to post the appropriate entry into ADARS for the month's report and then place in the appropriate Army records information management system file. Non-paid DA Form 1380s 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. The DA Form 1380 will be scanned into the Soldiers Integrated Personnel Electronic Records Management System record by the unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004830 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1