BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160016256 BOARD VOTE: ___x______ ___x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160016256 BOARD DETERMINATION/RECOMMENDATION: 3. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20150003125, dated 22 March 2016 by showing a formal line of duty investigation was completed and approved. ___________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. BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160016256 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). CONSIDERATION OF ADDITIONAL EVIDENCE: 11. On 12 September 2016, new information was received from an official at the U. S. Army Physical Evaluation Board (PEB), Tacoma, Washington, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150003125, dated 22 March 2016. 12. The new information consists of a letter, dated 12 September 2016, from an official at the U. S. Army PEB. The official stated the proceedings pertaining to the applicant were being returned for further evaluation, documentation, and/or information required for adjudication. He further stated as the onset of the disease determined to fail retention standards was not during a period of active duty of more than 30 days, a formal line of duty (LOD) investigation is required in accordance with Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations), paragraph 2-3c(8). The organization that did an informal LOD for the ABCMR should be asked to do a formal LOD investigation. 13. Army Regulation 600-8-4 prescribes policies, procedures, and mandated tasks governing line of duty determinations of soldiers who die or sustain certain injuries, diseases, or illnesses. a. Paragraph 2-3c(8) requires a formal LOD be conducted when a U.S. Army Reserve or Army National Guard Soldier serving on an active duty tour of 30 days or less is disabled due to disease. b. Paragraph 2-5 states a formal LOD is a detailed investigation that normally begins with DA Form 2173 completed by the medical treatment facility (MTF) and annotated by the unit commander as requiring a formal LOD investigation. The appointing authority, on receipt of the DA Form 2173, appoints an investigating officer who completes DD Form 261 (Report of Investigation Line of Duty and Misconduct Status) and appends appropriate statements and other documentation to support the determination, which is submitted to the general courts-martial authority (GCMCA) for approval. c. Paragraph 2-6 states an injury, disease, or death is presumed to be in LOD unless refuted by substantial evidence contained in the investigation. LOD determinations must be supported by substantial evidence and by a greater weight of evidence than supports any different conclusion. The evidence contained in the investigation must establish a degree of certainty so that a reasonable person is convinced of the truth or falseness of a fact, considering— (1) All direct evidence, that is, evidence based on actual knowledge or observation of witnesses; and/or (2) All indirect evidence that is, facts or statements from which reasonable inferences, deductions, and conclusions may be drawn to establish an unobserved fact, knowledge, or state of mind. ADDITIONAL DISCUSSION: 5. At the time of the decision of the ABCMR in Docket Number AR20150003125, dated 22 March 2016, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time. 6. As a result, the Board recommended that all Department of the Army records of the individual concerned be corrected by the Office of The Surgeon General contacting the applicant to arrange, via appropriate medical facilities, a physical evaluation and, if appropriate, an MEB through the use of invitational travel orders to the applicant. 7. In view of the PEB guidance, it is clear that the intent of the Board is to grant relief but the recommendation failed to address the requirement of a formal LOD investigation. In order to avoid penalizing the applicant and in order to satisfy the PEB requirement to show a formal LOD investigation was completed and approved, the recommendation in ABCMR Docket Number AR20150003125 should be amended. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20160016256 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 1 ABCMR Supplemental Record of Proceedings (cont) AR20160016256 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 2