IN THE CASE OF:  BOARD DATE:  16 June 2020 DOCKET NUMBER:  AR20190004152 


APPLICANT REQUESTS: 

.line of duty (LOD) report for the injuries he received on 3 April 2017




APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Orders 082-019, Joint Force Headquarters Alabama National Guard, dated23 March 2017

.Florida Traffic Crash Report, dated 3 April 2017

.DA Form 2823 (Sworn Statement), dated 6 April 2017



FACTS: 

1.The applicant did not file within the three-year period provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states, in effect, while he was on military orders he was in a caraccident on 3 April 2017.  He submitted the accident information to his unit andheadquarters but there was no one available to complete the LOD for its submission.He and his unit attempted to get the LOD completed prior to his retirement but were notsuccessful.  He contends he is still under medical care from the accident and he is stillseeking to have the LOD completed.

3.On 15 March 1991, the applicant enlisted into the Alabama Army National Guard(ALARNG) after his prior service in the Regular Army and the ALARNG.

4.Orders 065-501, Joint Force Headquarters Alabama National Guard, dated 6 March2018, shows the applicant was placed on the retirement list on 1 April 2018 in the rankof Master Sergeant (MSG).

5.On 31 March 2018, the applicant was honorably released from service in theALARNG under the authority and reason of National Guard Regulation 600-200(Enlisted Personnel Management) and was transferred to the Retired Reserve.  His netservice this period was 27 years and 16 days.  His NGB Form 22 (National GuardReport of Separation and Record of Service) shows:

.item 10c (Prior Active Federal Service) – 6 years,  5 months, and 3 days

.item 10d (Total Service for Pay) – 35 years, 5 months, and 12 days

.item 10e (Total Service for Retired Pay) – 35 years, 4 months, and 25 days



6.The applicant provides documents to support his contention that the injuries hereceived on 3 April 2017 were a result of his travel from his place of duty to his homewhile on orders for annual training (AT) for the period 31 March 2017 to 12 April 2017.The Florida Traffic Crash Report shows:

.conditions were daylight with rain and the roadway surface was wet

.his vehicle was disabled and towed due to the damages

.his condition was assessed as apparently normal – none severe

.he used his seatbelt, the airbag was not deployed, he was not ejected from thevehicle, and was not transported to a medical facility

.he had no contributing action to the accident and was not suspected of alcohol ordrug use

.the other driver, of vehicle number one, caused the accident due to excessspeed for the weather conditions



7.The applicant record is void of medical documents or evidence of an injury from theaccident on 3 April 2017.

8.An advisory opinion was also obtained from U.S. Army Human Resources Command(HRC), dated 28 April 2020.  The HRC provides a recommendation that the applicant'ssupporting documents show he was not transported to a medical treatment facility(MTF) from the scene of the accident and there is no evidence of any type of injuries.The applicant's documentation submitted in support of his request does not meet therequirements for a LOD investigation in accordance with (IAW) Army Regulation600-8-4 (Line of Duty Policy, Procedures, and Investigations).

9.The advisory opinion was forwarded to the applicant; he did not respond.

10.Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations)provides that a line of duty investigation must be conducted in all cases of injury not asa result of enemy action.


BOARD DISCUSSION: 




1.After reviewing the application and all supporting documents, the Board found thatrelief is warranted.2.The Board found that as a matter of justice, upon receipt of accident and medicalevidence of injury, the applicant’s command on 3 April 2017 should complete the LODprocess IAW regulation and issue the applicant a DA Form 2173 with their findings andLOD determination. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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, upon receipt of accident and related medical documentation for an accident that took place on 3 April 2017, the applicant’s command complete the LOD process IAW regulation and issue theapplicant a  DA Form 2173 with their findings and LOD determination. 


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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations)provides that a line of duty investigation must be conducted in all cases of injury not asa result of enemy action.  It also provides it is essential to arrive at a determination as towhether misconduct or negligence was involved in the disease, injury, or death and, ifso, to what degree.  Depending on the circumstances of the case, an investigation mayor may not be required to make this determination.  It provides that any physicalcondition having its inception in line of duty during one period of service or authorizedtraining in any of the Armed Forces which recurs or is aggravated during later service orauthorized training, regardless of the time between, should be in line of duty.

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