ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180013728 APPLICANT REQUESTS: Correction of his record to show: * he was injured while in a military status * a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Plantation billing center statement, dated 20 September 2013 * Radiology bill, dated 30 September 2013 * Email correspondence number 1, dated 10 October 2013 * Magnetic Resonance Imaging (MRI) statement, dated 21 October 2013 * Coastal Ears Nose and Throat (ENT) Associates statement, dated 4 November 2013 * Coastal ENT letter, dated 6 December 2013 * statement, dated 12 December 2013 * statement, dated 10 January 2014 * Email correspondence number 2, dated 2 May 2014 * Email correspondence number 3, dated 16 May 2014 * DD Form 2870 (Authorization for Disclosure of Medical or Dental Information), dated 23 March 2017 * letter * Email correspondence number 4, dated 21 February 2018 * ASAP Emergency Medical Service (EMS) corporation statement, dated 15 June 2018 * Email correspondence number 5, dated 17 July 2018 * Driver license FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was injured while on duty (June 2013). There is no record of him being injured or going to the hospital in his files. He paid the bills after being sent to collections. He still needs treatment and has been trying to accomplish this for six years. He was on orders at the time of the accident, and has tried numerous times for his unit to help him. 3. A review of the applicant’s official records show the following on: a. On 20 November 2007, the applicant enlisted in the Mississippi Army National Guard (MSARNG) for a period of 8 years. b. The applicant’s records are void of any orders which ordered him to active duty or active duty for training for the period in question. c. On 19 November 2013, the applicant was honorably released from the MSARNG and transferred to the U.S. Army Reserve Control Group (Annual Training). d. The applicant’s medical records are not available for review with this case. Likewise it is void of any Line of Duty (LOD) documentation. 4. The applicant provides: * Plantation billing center statement showing the applicant paid $16.53 for medical services * Radiology bill showing the applicant was billed and paid $9.28 for radiology services * Email correspondence number 1 wherein the applicant received confirmation of a payment of $9.28 from comprehensive radiology services * MRI statement showing the applicant was billed $40.21 for an MRI of the cervical spine * Coastal ENT Associates statement showing the applicant was billed $60.70 for ENT Services * Coastal ENT letter wherein the organization issued a 10 day final demand notice for the amount of $60.70 * Forrest General Hospital statement showing the applicant was billed $54.02 * Forrest General Hospital statement showing the applicant paid the $54.02 owed * Email correspondence number 2 wherein the applicant provides bills associated with his injury to a unit official * Email correspondence number 3 wherein the applicant followed up with the unit official * DD Form 2870 showing the applicant authorized release of medical information to a unit official for insurance purposes * Forrest General Hospital letter which informed the applicant his bill(s) had been referred to a collection agency * Email correspondence number 4 wherein the applicant corresponded with a unit official trying to be reimbursed for his medical expenses * ASAP EMS corporation statement showing the applicant’s pickup location of Camp Shelby, MS and drop off location at Forrest General Hospital * Email correspondence number 5, wherein the applicant requested Congressional assistance to resolve reimbursement of his medical expenses 5. On 18 November 2019, the National Guard Bureau (NGB) reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that: a. While attending annual training from 15 - 29 June 2013 at Camp Shelby, MS, the applicant was hit in the face by a weapon causing facial deformities, although he was not seen at the local Troop Medical Clinic (TMC) immediately, he eventually would be seen at the TMC on 25 June 2013 due to pain at the sight of the injury and difficulty breathing per Armed Forces Health Longitudinal Technology Application (AHLTA) documentation. He was referred to seek outside medical attention and advised to speak with his unit and ask them to fill out a LOD form to document the circumstances of the injury. b. In discussion with the applicant, he communicated with the NGB office that once he was released from the TMC, he took all documentation given to him at the TMC to his unit training noncommissioned officer and based on this communication with his unit, he had reason to believe that an LOD investigation would be initiated; however, no LOD was ever initiated. The NGB recommends the Board grant approval of an exception to policy for the initiation of a LOD on the applicant’s injury. Should the Board result in a favorable finding, the medical administration officer would request that the MSARNG coordinate with them for appropriate action processing in the Electronic Medical Management Processing System (eMMPS) for the LOD. Additionally this office recommends that once the LOD and appeals are conducted, that all documentation be forwarded to the Defense Health Agency thru the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) so the applicant can get reimbursed for medical expenses. The opinion was coordinated with the NGB, medical administration (LOD) office and the MSARNG. c. A copy of the complete advisory opinion has been provided to the Board for their review and consideration 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. Army Regulation (AR) 600-8-4 (LOD Policy, Procedures, and Investigations), prescribes policies, procedures, and mandated tasks governing LOD determinations of Soldiers who die or sustain certain injuries, diseases, or illnesses. Paragraph 2-2e states a Soldier of the National Guard or U.S. Army Reserve (USAR) is entitled to hospital benefits, pensions, and other compensation similar to that for Soldiers of the active Army for injury, illness, or disease incurred in the LOD, under the following conditions prescribed by law, Title 10, USC, section 1074a. * while performing active duty for a period of 30 days or less * while performing inactive duty training * while traveling directly to or from the place at which that Soldier is to perform or has performed active duty for a period of 30 days or less * inactive duty training 8. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service records, the medical documents he provided, correspondence with his unit and EMS records reflecting a pick-up at Camp Shelby, MS. The Board considered the review and recommendation of the NGB advising official and policy specific to LOD investigations. The Board found that the applicant was injured while in a duty status and, based on a preponderance of evidence, further actions were required to initiate a line of duty review. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 referring the applicant’s records to the National Guard Bureau to initiate a Line Of Duty (LOD) review of injuries he received in June 2013. X 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-4 (LOD Policy, Procedures, and Investigations), prescribes policies, procedures, and mandated tasks governing LOD determinations of Soldiers who die or sustain certain injuries, diseases, or illnesses. Paragraph 2-2e states a Soldier of the National Guard or USAR is entitled to hospital benefits, pensions, and other compensation similar to that for Soldiers of the active Army for injury, illness, or disease incurred in the LOD, under the following conditions prescribed by law, Title 10, USC, section 1074a. * while performing active duty for a period of 30 days or less * while performing inactive duty training * while traveling directly to or from the place at which that Soldier is to perform or has performed active duty for a period of 30 days or less * inactive duty training 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//