ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:

		BOARD DATE:  30 August 2019

		DOCKET NUMBER:  AR20180015389


APPLICANT REQUESTS:  completion of a line-of-duty (LOD) investigation and 
determination for an injury she sustained in March 2016.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DA Form 2823 (Sworn Statement)
*	Email Correspondence, Applicant and the Inspector General Office
*	Physical Examinations, Advanced Orthopedics and Sports Medicine, dated 
8 August 2016, 25 August 2016, 10 October 2016, 9 November 2016, and 
4 January 2017

FACTS:

1.  The applicant states:

*	her unit personnel office in the Utah Army National Guard (ARNG) failed to 
submit her LOD paperwork within 180 days
*	she repeatedly followed-up with the personnel office concerning her LOD-related 
knee injury
*	the injury occurred during annual training in March 2016 while she was walking 
up the stairs in the barracks
*	her unit personnel office's lack of responsibility caused her submission of an LOD 
claim to fall outside the 180-day window
*	the injustice has impacted her health as she has been unable to seek further 
care for her knee because of the out-of-pocket expense
*	she still has pain in her knee and it is impacting her other knee
*	she is unable to obtain the medical care she deserves

2.  She was ordered to active duty for annual training as a member of the Utah ARNG 
for the period 28 March 2016 to 11 April 2016 when she injured her knee.

3.  She provided physical examinations from her civilian provider documenting her knee 
condition that started with pain since June 2015 while she was in military training.

4.  On 19 October 2017, she transferred from the Utah ARNG to the Colorado ARNG.

5.  The advisory opinion from the National Guard Bureau Special Actions Branch, dated 
25 June 2019, states:

	a.  Based on the documentation provided by the applicant, there is reason to believe 
that proper steps were not followed by the unit S-1 and the command team.

	b.  Army Regulation 600-8-4 (LOD Policy, Procedures, and Investigation) provides 
that the mere failure to complete an action within the prescribed time or the failure to 
provide reasons the report is late is not a basis to disapprove, reverse, or change an 
otherwise proper determination.  There is no reason that her LOD investigation could 
not be processed.

	c.  The command team failed to properly execute its role in the LOD process to 
ensure the applicant received a determination and proper care.

	d.  NGB recommends approval of the applicant's request  It is clear that the 
procedures outlined in Army Regulation 600-8-4 were not followed.  Due to this, the 
applicant should be granted a proper LOD investigation to determine if her injuries were 
service related.

	e.  The National Guard Bureau LOD section has been consulted on this 
recommendation and recommends the State ARNG issue an exception to policy to 
process the LOD.

	f.  The Colorado ARNG concurs with this recommendation and is willing to conduct 
an LOD investigation.

7.  On 31 July 2019, the applicant confirmed she received the advisory opinion and 
concurs with the recommendation.  She stated she had nothing further to add.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, and an advisory opinion.  The Board considered the applicant’s 
statement, her units of assignment, the absence of an LOD and the conclusions of the 
advising official from the NGB.  Based on the advisory opinion and a preponderance of 
evidence, the Board determined that an LOD should be processed for the applicant’s 
stated injury.

2.  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 directing the ARNG to 
complete a proper Line of Duty investigation to determine if her injuries were service 
related.


	 
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.


ADMINISTRATIVE NOTE(S):  not applicable.

?
REFERENCES:


Army Regulation 600-8-4 (LOD Policy, Procedures, and Investigations), in effect at the 
time, prescribed policies, procedures, and mandated tasks governing LOD 
determinations of Soldiers who die or sustain certain injuries, diseases, or illnesses.

	a.  Paragraph 4-4 (Time Limitations for Processing LOD Actions) provided that when 
an LOD investigation, either formal or informal, is not completed within the given time, 
the reasons the report is late should be made part of the remarks of the DA Form 2173 
(Statement of Medical Examination and Duty Status) for informal reports and as part of 
the investigating officer's comments on DD Form 261 (Report of Investigation – LOD 
and Misconduct Status) for formal reports.

	b.  The mere failure to complete an action within the prescribed time or the failure to 
provide reasons the report is late is not a basis to disapprove, reverse, or change an 
otherwise proper determination.
ABCMR Record of Proceedings (cont)	 AR20180015389


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