ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20200008479 APPLICANT REQUESTS: correction of DA Form 5016 (Chronological Statement of Retirement Points) to reflect retirement points for duty performed in an unpaid status for the period that occurred between May 2012 and September 2019. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . E-mail traffic between applicant and unit of assignment . E-mail traffic to U. S. Army Human Resources Command (HRC) . E-mail traffic between applicant and 99th Readiness Division (RD) . HRC memorandum dated 17 June 2020 . DA Form 200 (Transmittal Record) . 3rd Medical Command Forward Memorandum, dated 21 January 2020, Subject: Letter of Lateness for Retirement Points Submission . Corrected 3rd Medical Command Forward Memorandum, dated 21 January 2020 . DA Form 1380 (Army Reserve – Record of Individual Performance of Reserve Duty Training) for duty performed: . 5 through 8 May 2012 . 15 June 2012 . 10 July 2012 . 9 August 2012 . 1 September 2012 . 10 October 2012 . 15 November 2012 . 3 through 4 and 15 December 2012 . 3, 7, 9, 10, and 23 January 2013 . 12, 13, 21, and 22 February 2013 . 9 May 2013 . 12, 13, and 28 June 2013 . 3 and 9 July 2013 . 12 and 29 January 2014 . 13 February 2014 . 26 March 2014 . 30 April 2014 . 13 May 2014 . 12 Jun 2014 . 9 July 2014 . 9 and 11 September 2014 . 16 October 2014 . 13 November 2014 . 11 December 2014 . 13, 26, and 27 January 2015 . 10 and 24 February 2015 . 3 March 2015 . 7 April 2015 . 18 and 19 May 2015 . 17, 18, 22, 25, 29, and 30 June 2015 . 1, 6, and 8 July 2015 . 10 through 11 September 2015 . 10 and 29 October 2015 . 16 November 2015 . 19 and 27 December 2015 . 15, 22, and 24 February 2017 . 10, 17, and 31 March 2017 . 6 and 28 April 2017 . 6, 18, and 31 May 2017 . 1 and 30 June 2017 . 7 and 31 July 2017 . 16 and 31 August 2017 . 8 and 30 September 2017 . 13 and 31 October 2017 . 1 November 2017 . 30 December 2017 . 25 and 27 September 2018 . 3, 12, 19, 21, 24, 26, and 28 June 2019 . 10, 22, and 23 July 2019 . 12, 18, 27, and 28 August 2019 . 4, 26, and 30 September 2019 FACTS: 1. The applicant states in effect, DA Forms 1380 were not generated at the time the duty was performed for the period May 2012 through September 2019. The guidance that was provided in 2016 was incorrect; however, the applicant was later provided the guidance that a service member has up to 6-years from the time the duty was performed to submit documentation for awarding points only towards retirement. On 21 January 2020, the applicant was given the guidance that she was required to submit a letter of lateness to correct or award retirement points. The applicant requests that her DA Form 5016 be corrected to reflect the duty performed in an unpaid status as documented on the provided DA Forms 1380. 2. A review of the applicant's service record shows: a. The applicant enlisted in the Army National Guard (ARNG) on 24 February 1990. b. The applicant enlisted in the U.S. Army Reserve (USAR) on 26 September 2002. c. The applicant was honorably discharged from the ARNG effective 7 November 2002 for enlistment in any component of the Armed Forces. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that the applicant completed 12 years, 8 months, and 14-days of service. d. HRC notified the commander of 338th Medical Brigade that the DA Form 1380 was returned without action due to the following errors: . Anniversary Year Ending (AYE) date was blank, incorrect, or not legible . branch block was blank or incorrect . type of duty block was not checked or incorrect . DA Forms 1380 submitted outside 30-days required a letter of lateness . Location, nature of duties, training or instruction was blank, illegible or inaccurate . Incorrect DA Dorm 1380 (not current version of form) e. E-mail traffic beginning 11 May 2020 to HRC that shows the resubmission request for retirement point correction. On 12 May 2020, that applicant responded with a corrected letter of lateness and included 3 additional DA Form 1380s for duty performed 3 through 4, and 15 December 2012. 3. The applicant provides: a. E-mail traffic beginning 20 October 2016, inquiring on the status of the DA Form 1380s submitted for processing on behalf of the applicant. On 26 October 2016, the applicant was notified by the Unit Administrator that her DA Forms 1380 were submitted and that she should receive an e-mail once the retirement points were updated, which should take approximately 30 to 90-days. b. E-mail dated 11 May 2020, that states the applicant's request for correction of retirement points, including a letter of lateness was attached. c. E-mail dated 11 June 2020 from HRC that states the applicant's request for retirement point correction was returned without action due to errors. d. E-mail traffic dated 11 June 2020, from the applicant to HRC that stated that she checked her electronic records and she did not see that her retirement points had been corrected. The applicant was notified by the 99th Readiness Division that HRC had rejected her request for retirement point corrections and suggested that the applicant submit a request to the Army Review Boards Agency (ARBA) in order to get her retirement points corrected. The applicant responded on 12 June 2020, requesting some additional information for correcting the DA Forms 1380. e. On 17 June 2020, HRC, notified the commander of the 804th Medical Brigade that the applicant's DA Forms 1380 were returned without action due to Anniversary Year Ending (AYE) date block was blank, incorrect, or not legible. DA Forms 1380 cannot be recreated or turned in extremely late past the duty. Per Army Regulation (AR) 140-185 (Army Reserve Training and Retirement Point Credit and Unit Level Strength Accounting Records), that DA Forms 1380 should be submitted to award retirement points no later than the end of each month and any forms that have a digital signature date that exceeds the end of the duty month would not be in compliance and therefore should be sent to the Army Board for Correction of Military Records (ABCMR). f. On 18 June 2020, the applicant's unit submitted a request via DA Form 200 (Transmittal Record) to correct her DA Form 5016 for points only. g. 3rd Medical Command Forward Memorandum, dated 21 January 2020, provides a letter of lateness that stated the applicant had submitted DA Forms 1380 for duty performed for the period of 2012 through 2015 in September 2016, but it was rejected. h. 3rd Medical Command Forward Memorandum, dated 21 January 2020, that annotated correction above the date, that stated the last two entries on the 3rd page of the memorandum changed the duty performance dates to 26 September and 30 September 2019. i. DA Forms 1380 signed by the commander that shows the applicant performed battle assemblies (BA) or Rescheduled Training (RST) for the following dates and duties: . 5 through 8 May 2012 for the transition of course manager duties . 15 June 2012 for coordination with new unit and administrative preparation . 10 July 2012 for Chief Clinical Operations Noncommissioned Officer (NCO) duties preparation . 9 August 2012 for Chief Clinical Operations NCO duties and Brigade (BDE) Medical Readiness Review (MR2) . 1 September 2012 for Chief Clinical Operations NCO duties and BDE MR2 . 10 October 2012 for chief nurse interviews . 15 November 2012 for BA preparation and MR2 . 3 through 4 December 2012 for Advanced Cardiac Life Support (ACLS) and 15 December 2012 for work with the new chief nurse . 3 January 2013 for gather and analyze First Line Leader (FLL) tools and medical readiness, 7 January 2013 for e-mails, preparation and participation in conference calls, 9 through 10 January 2013 for Intermediate Trauma Life Support (ITLS), and 23 January 2013 for e-mails, preparation and participation on BDE medical readiness call . 12 through 13 February 2013 for Pediatric Advance Life Support (PALS), 21 February 2013 for gather and analyze FLL tools and medical readiness, and 22 February 2013 for e-mails, preparation and participation in conference call . 9 May 2013 for gather and analyze FLL tools and medical readiness . 12 June 2013 for gather and analyze FLL tools and medical readiness, 13 June 2013 for gather and analyze FLL tools and medical readiness call, and 28 June 2013 for Basic Life Support (BLS) instructor . 3 July 2013 for e-mails, preparation and participation in conference call and 9 July 2013 for mandatory Sexual Harassment/Assault Response and Prevention Program (SHARP) conference call . 12 January 2014 for answer e-mails, preparation for and conducting medical readiness call and 29 January 2014 for e-mails, preparation and participation in conference call . 13 February 2014 for e-mails and participation in chief nurse call . 26 March 2014 for e-mails and participation in chief nurse call . 30 April 2014 for e-mails and complete NCO Evaluation Report (NCOER) . 13 May 2014 for answer e-mails, preparation for and conducting medical readiness call . 12 June 2014 for answer e-mails and preparation for and conducting medical readiness call . 9 July 2014 for answer e-mails and preparation for and conducting medical readiness call . 9 September for answer e-mails and preparation for and conducting medical readiness call and 11 September 2014 for e-mails and participation in chief nurse call . 16 October 2014 for answer e-mails and preparation for and conducting medical readiness call . 13 November 2014 for answer e-mails and preparation for and conducting medical readiness call . 11 December 2014 for answer e-mails and preparation for and conducting medical readiness call . 13 January 2015 for Command Sergeant Major (CSM) call preparation and participation, 26 through 27 January 2015 ITLS . 10 February and 24 February 2015 for FLL tools, medical readiness and CSM calls . 3 March 2015 for preparation for the transition of CSM duties . 7 April 2015 for FLL tools and medical readiness . 18 through 19 May 2015 for PALS . 17 through 18 June, 22 June, 25 June, and 29 June 2015 for Detachment (DET) interviews, and 30 June 2015 for Basic Life Support instructor . 1 July, 6 July, and 8 July 2015 for DET interviews . 10 through 11 September 2015 for DET interviews . 10 October and 29 October 2015 for DET interviews . 16 November 2015 for preparation for mid planning workshop . 19 December 2015 for training preparation for DET home stations active duty and S3 assistance and 27 December 2015 for preparation for interviews . 15 February 2017 for transition of CSM duties, 22 February 2017 for Change of Responsibility (CoR) preparation, and 24 February 2017 for BA preparation and COR . 10 and 17 March 2017 Yearly Training Brief preparation, 31 March 2017 CSM duties, email and calls . 6 April 2017 for battlefield circulation preparation and 28 April 2017 for CSM duties, e-mails, First Sergeant (1SG) and DET sergeant (SGT) mentoring calls . 6 May 2017 for BA assistance, 18 May 2017 for battlefield circulation preparation and CSM duties, and 31 May 2017 for CSM duties, 1SG and DET SGT mentoring calls . 1 June 2017 for BA preparation and CSM duties and 30 June 2017 for CSM duties, e-mails, and 1SG and DET SGT mentoring calls . 7 July 2017 for BA preparation and CSM duties and 31 July 2017 CSM duties, e­mails, and 1SG and DET SGT mentoring calls . 16 August 2017 for BA and battlefield circulation preparation, and CSM duties and 31 August 2017 for CSM duties, e-mails, and 1SG and DET SGT mentoring calls . 8 September 2017 for BA preparation and CSM duties and 30 September 2017 for CSM duties, e-mail and 1SG and DET SGT mentoring calls . 13 October 2017 for BA and battlefield circulation preparation, and CSM duties and 31 October 2017 for CSM duties, e-mails, and 1SG and DET SGT mentoring calls . 1 November 2017 for BA and battlefield circulation preparation, and CSM duties . 30 December 2017 for CSM duties, e-mails, and 1SG and DET SGT mentoring calls . 25 September 2018 for division Command Readiness Review (CR2) preparation and calls and 27 September 2018 for Physical Health Assessment (PHA) . 3 June 2019 for Defense Travel System (DTS) and 1SGs and DET SGTs awards, 12 June 2019 for DTS, CSM duties, e-mails, conference call for CoR, 19 Jun 2019 for DTS and 1SG and DET SGTs awards, 21 June 2019 for Douglas McArthur luncheon and award ceremony, 24 June 2019 for CSM duties, e-mails, CSM exception to policy (ETP), 26 June 2019 for CSM duties, e-mails, mobilization call, and task force (TF) interviews, and 28 June 2019 for BA preparation, CoR call, DTS, and 1SGs and DET SGTs awards . 10 July 2019 for BA preparation, CoR call, DTS, and 1SGs and DET SGTs awards, 22 July 2019 for CSM duties, e-mails, CSM ETP, and action packet, and 23 July 2019 for TF interviews, mobilization call . 12 August 2019 for DTS, preparation for TF, 18 August 2019 for CSM duties, e-mails, mission command seminar preparation, 27 August 2019 for TF interviews, and mobilization call, and 28 August 2019 for secure video teleconference with Army Reserves Central Command (ARCENT) . 4 September 2019 for DTS and TF preparation, 26 September 2019 for DTS, CSM duties, e-mails, and trip report, and 30 September 2019 for flu shot, and mobilization call 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board also considered the correspondence with HRC, from unit personnel and associated unit and travel system records. Based upon a preponderance of the evidence, the Board agreed having HRC accept the applicant’s submissions to properly account for her time served is the appropriate course of action to make the applicant’s record whole. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :ME :XX 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 showing the applicant submitted the contested DA Forms 1380 to U.S. Army Human Resources Command in a timely manner, and the forms were accepted for consideration to account for adding warranted time periods to her chronological statement of retired points. X CHAIRPERSON 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. Army Regulation (AR) 140-1 (Army Reserve Mission, Organization, and Training), provides policy guidance on the mission, organization, and training of the U.S. Army Reserve (USAR). It does not contain guidance on preparation for order to active duty under a mobilization situation. Paragraph 3-12 (RST), RST will enhance the ability of the unit to perform its assigned mission. Commanders should use the RST to increase flexibility in scheduling training activities that directly affect the unit's training status. Commanders will ensure the RST is not abused and that the Soldier or subsection performing the RST is contributing directly to the unit's mission. Such training should be accomplished by complete subordinate elements of the unit, i.e. team, section, squad, platoon, or composite group as directed by the commander, whenever possible. The period of training for the RST will be of the same duration as that scheduled for the UTA/MUTA. a. All RSTs must be approved before the Unit Training Assembly(UTA) or MUTA for which it is substituted. All participants must be identified by name or by their subsections in the approving document. b. Commanders will use RST when they feel a training activity is better accomplished at a time, date, and/or location other than the scheduled UTA/MUTA. The training activities may be scheduled for subsections of the unit or for individual Soldiers. RST initiated by the commander for Soldiers or subsections will be annotated on the training schedule and will be the approving document. c. Individual Soldiers or section leaders may request an RST if there is a training activity that is better accomplished at a time, date, and/or location other than the UTA/MUTA. Individual and subsection requests for RST when approved by the commander will be annotated on the training schedule. d. All RST schedules will be attached to the monthly training schedule, per paragraph 3–1. All participants must be identified by name or subsection. A training schedule must be prepared for each RST period. An RST window consists of all RSTs scheduled within 30 consecutive days that includes the assembly (UTA/MUTA) date. The first RST scheduled to be performed before the UTA/MUTA will begin the RST window for the unit. If no RSTs are scheduled before the UTA/MUTA involved, the UTA/MUTA date will begin the RST window. e. RST will not be granted for the following situations: . convenience of the Soldier. However, employment conflicts, overtime, schooling, loss of income, verified medical problems or personal emergencies, may in the judgment of the unit commander, justify RST authorization . attendance at conventions or seminars, professional conferences, trade association meetings, or similar gatherings . if it would cause the Soldier to exceed 48 paid assemblies in a fiscal year f. RST will be scheduled for Soldiers who miss a UTA or MUTA because of scheduled AT. This is the 14-day period of training prescribed by section 270(a) (1), Title 10, United States Code (10 USC 10147). Assemblies must be scheduled within 60 days of the UTA or MUTA that conflicts with the AT date(s) for each Soldier so affected. RSTs performed per this paragraph will be credited in the attendance percentage for the RST window under which they fall. h. Soldiers are entitled to pay and retirement points for duty performed under the RST training schedule. Both performance and nonperformance of RST must be reported on DA Form 1379 per AR 140–185. 2. AR 140-185 (Army Reserve Training and Retirement Point Credit and Unit Level Strength Accounting Records), contains Army policy for U.S. Army Reserve (USAR) training and retirement point credit. It also prescribes guidance for USAR unit level strength accounting. a. Paragraph 2-2 (Criteria for earning retirement points), retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. The following types of IDT are in accordance with AR 140–1: . regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies . RST . make-up assemblies for missed BA due to AT . equivalent training (ET) in lieu of scheduled BA or RST . additional training assemblies (ATA) . two-hour funeral honor IDT . training of individual Soldiers in non-pay status b. Paragraph 2-3 (Qualification and eligibility for earning retirement points) all active duty and IDT must be preapproved by the unit of assignment/attachment prior to the duty performance. Soldiers attending training or distance learning/distributed learning training in a DOD Civilian capacity are not entitled to retirement point credit per DODD 5500.07. Rule 2, attends BA RST, in a non-pay status. Is in the same category as rule 1, column B to include IRR Soldiers attached; and points under the 4-hour/8-hour rule. c. Paragraph 3-1, Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Re-lease or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), master military pay account, DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points. Units of assignment are responsible to ensure source documents are uploaded into iPERMS prior to submission of action to adjust a Soldier's retirement points. This will ensure proper validation of retirement points throughout a Soldier's career. 3. DOD Instruction1215.07 (Service Credit for Non-Regular Retirement), establishes policy, assigns responsibilities, prescribes procedures, and establishes requirements for crediting active and reserve service for non-regular retirement in accordance with Chapter 1223 of Title 10, United States Code (U.S.C.) Paragraph 3.4b (Retirement Point Credit by Activity), (Inactive Duty Service), credit inactive duty service as follows: (1) One retirement point for each attendance at an inactive duty training (IDT) period or period of equivalent instruction. The Secretary concerned or the Commandant of the Coast Guard must prescribe the IDT periods or periods of equivalent instruction for that year, and the must conform to the requirements prescribed by law, including attendance by a member of the National Guard at required IDT periods. (2) One retirement point for each attendance at a period of equivalent training in accordance with Enclosure 3, Paragraph 2.a.(1) of DoDI 1215.06.(3) A maximum of two retirement points for attendance at IDT periods, or equivalent training, in any 1 calendar day. (4) A maximum of one retirement point per day for attendance at Military Service-sponsored military seminars, symposiums, and similar assemblies (hereinafter referred to as "meetings"), either separately or in connection with professional meetings, as a means of conducting Reserve training or instruction. The following conditions apply: (a) the meeting lasts at least 4 hours. Credit a maximum of one retirement point per day of the meeting. (b) The Secretary concerned or the Commandant of the Coast Guard previously approved the Service member's attendance in each instance. (c) The Service member either registers with a designated authority representing the Military Service concerned or, in the absence of such a designated authority, certifies his or her own attendance. (d) The Service member's participation is without payment other than the pay to which the Service member is entitled as an RC member. (e) The Secretary concerned or the Commandant of the Coast Guard designates the meeting as of such military value that the instruction received would enhance the service member's professional development and broaden either the Service member's qualifications for their expected duties upon mobilization or the qualification of those whose work the service member may supervise.(5) A maximum of two retirement points per day to a member of the Individual Ready Reserve or the Standby Reserve in an active status who participates in programs as outlined in Enclosure 6 of DoDI 1215.06. The following conditions apply: (a) A duty period of at least 4 hours. (b) The training meets DoD program requirements approved by the Secretary of Defense, or other designated official, at an officially designated location under active supervision .(c) Credit no more than one retirement point for fewer than 8 hours.(d) Each volunteer service member will furnish a certification form to his or her respective (county, x, State, region) civil defense director, or other designated official, to sign attesting to the individual's satisfactory work performed and hours worked. The service member will submit this form each month or quarter in accordance with appropriate Military Department regulations. (6) One retirement point for members of the Selected Reserve after successfully completing non-resident training and education in an active status for each 4 hours of pay received. (a) The Secretary concerned must identify and direct the use of electronic-based distributed learning methodologies for the purpose of accomplishing unit readiness or mobilization training requirements. The Service member must complete the training and education in a non-duty status. (b) A period of non-resident training and education using electronic-based distributed learning methodologies must last at least 4 hours. The Service member must certify that he or she completed it. //NOTHING FOLLOWS//