IN THE CASE OF:	  

		BOARD DATE:	 15 November 2012  

		DOCKET NUMBER:  AR20120004752 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, through a Member of Congress, correction of his records to show additional retirement point credit for his service in the U.S. Army Reserve (USAR) during the period 2007 to 2011.

2.  The applicant states:

	a.  He has been in the Individual Ready Reserve (IRR) for 4 years and 3 months.  He was drilling with the 302nd Quartermaster Company in Guam for points only (nonpaid) during the period May 2007 to September 2011 to complete his 20 qualifying years.

	b.  His drill dates were strictly for retirement points only.  Just recently he received an email from the U.S. Army Human Resources Command (HRC) at Fort Knox, KY, informing him the years he drilled for points would not be honored because the DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) were invalid and he had no orders.

	c.  He contends the issue of updating his retirement points and not receiving orders has been going on since HRC was in St. Louis, MO.  He claims he submitted DA Forms 1380 and his points were never updated.  His training noncommissioned officer in charge, a sergeant first class, has been signing his DA Forms 1380 for years.  He performed battle assembly training dates monthly in good faith.

	d.  He can't explain why personnel at St. Louis, MO and Fort Knox, KY, who have assisted him with his retirement points since May 2007, never updated his records.  The documents he provided HRC were signed by his immediate supervisor and acknowledged by his superiors.

3.  The applicant provides:

* letter, dated 14 February 2012, from a Member of Congress
* DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 9 September 2007
* letter, dated 16 December 2011, from HRC, Fort Knox, KY
* memoranda, dated 19 December 2008 and 17 September 2011
* email
* DA Forms 1380

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 23 February 1978 for a period of 6 years.  He enlisted in the Regular Army on 18 July 1978 for a period of 3 years.  On 16 July 1981, he was honorably released from active duty and transferred to the USAR to complete his remaining service obligation.  He remained in the USAR through continuous reenlistments.  He was promoted to staff sergeant on 22 May 1989.  He was honorably discharged from the USAR on 25 June 2002.  After break in service, he enlisted in the USAR on 9 September 2007.

2.  He provided a DA Form 4651-R, dated 9 September 2007, from the Commander, 302nd Quartermaster, in Guam to HRC, St. Louis, MO, requesting assignment/attachment transfer to the 302nd Quartermaster in Guam.

3.  He provided DA Forms 1380 from the 302nd Quartermaster Company in Guam which show he earned:

* 4 retirement points for August 2007 – unspecified duty
* 4 retirement points for September 2007 – unspecified duty
* 4 retirement points for October 2007 – unspecified duty
* 6 retirement points for November 2007 – unspecified duty
* 6 retirement points for December 2007 – unspecified duty
* 6 retirement points for January 2008 – unspecified duty
* 4 retirement points for February 2008 – unspecified duty
* 4 retirement points for March 2008 – unspecified duty
* 4 retirement points for April 2008 – unspecified duty
* 4 retirement points for May 2008 – unspecified duty
* 4 retirement points for June 2008 – unspecified duty
* 3 retirement points for July 2008 – unspecified duty
* 4 retirement points for August 2008 – unspecified duty
* 3 retirement points for September 2008 – unspecified duty
* 4 retirement points for October 2008 – unspecified duty

4.  The code "P" was entered in item 10c (Retirement Points) before the retirement point credit of the DA Forms 1380 provided by the applicant.

5.  He provided two statements, dated 19 December 2008 and 17 September 2011, from his commanders who attest:

* the applicant began drilling with the unit in May 2007 for retirement points only
* he assisted in unit training of Soldier individual tasks, Army warrior tasks, and the mentoring of junior noncommissioned officers in leadership development and Soldier care and welfare
* he has been an asset to the unit

6.  On 16 December 2011, the U.S. Army HRC at Fort Knox, KY responded to a Congressional inquiry regarding the applicant's retirement points.  HRC stated:

	a.  The applicant did not have authorization to perform inactive duty training from his respective command at the time he performed the duties.

	b.  None of the 35 forms were signed by a proper signature authority; commander, officer, or acting commander with orders.  Per the instructions for the DA Form 1380, on page 2 the form is to be prepared by the last day of each month of each period of duty performed in that month.  Block 1 of the DA Forms 1380 submitted have dates between 2008 and 2009 on 23 of the forms submitted; however, the form utilized was not in production until July 2010.

7.  His HRC Chronological Statement of Retirement Points, dated 1 October 2012, shows he had 17 years of qualifying service for retirement purposes.  This form shows he earned:

* 15 retirement points for retirement year ending (RYE) 8 September 2008 (15 membership points)
* 21 retirement points for RYE 8 September 2009 (6 active duty points and 15 membership points)
* 15 retirement points for RYE 8 September 2010 (15 membership points)
* 19 retirement points for RYE 8 September 2011 (4 inactive duty points and 15 membership points)

8.  His records do not contain orders attaching him to a USAR unit for retirement points only.

9.  Army Regulation 135-180 (Army National Guard (ARNG) and USAR Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve Component Soldiers.  Paragraph 2-8 states a Reserve Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals in active Federal service are authorized to earn retirement point credit.

10.  Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR.  Chapter 3 states that Soldiers may take part in individual inactive duty training in a non-pay training status when authorized by the commander for their respective commands.

11.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers.  Paragraph 1-6 states assignment, reassignment, transfer, and attachment will be announced in written orders.  Paragraph 3-8 states IRR Soldiers may be attached to units for training without pay with their consent.

12.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credit and training for USAR Soldiers.  Paragraph 3-3a(3) states the DA Form 1380 is used to record inactive duty training by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR troop program units, ARNG units, or to another service or component for training.  Paragraph 3-3b(3) states the code "P" or "N" will be entered in item 10c 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.  A brief description of the duties performed will be entered in item 10d.  Appendix E lists the main types of training duties with training codes to be used.  The term "administrative duties" will not be entered unless the Soldier is authorized on orders to perform such duties.  The authorization for the training reported on a DA Form 1380 must be entered in item 10, to include the approving headquarters and date of approval.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not credited for all the retirement points he earned during the period 2007 to 2011 while serving in the USAR.

2.  He provided evidence which shows he earned retirement points for duty performed with the 302nd Quartermaster Company in Guam during the period August 2007 to October 2008.  The code "P" was entered in item 10c before the retirement point credit of the DA Forms 1380 provided by the applicant indicating he was entitled to inactive duty pay for the duties performed.

3.  The governing regulation states:

* states the code "P" or "N" will be entered in item 10c before the retirement point credit

* the code "P" indicates the Soldier is entitled to inactive duty pay
* the code "N" indicates the Soldier is entitled to retirement point credit only

* a brief description of the duties performed will be entered in item 10d

4.  Since his records do not contain orders attaching him to a USAR unit for retirement points only, and the DA Forms 1380 he provided do not contain the code "N" in item 10c and do not properly document the nature of the duties he performed as specified by Army regulation, there is insufficient evidence to support his request to credit him with additional retirement points.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______________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.

ABCMR Record of Proceedings (cont)                                         AR20120004752



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ABCMR Record of Proceedings (cont)                                         AR20120004752



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