IN THE CASE OF: BOARD DATE: 15 August 2023 DOCKET NUMBER: AR20220008473 APPLICANT REQUESTS: • pay and allowances for the period of 21 February through 10 August 2021 • correction of his DD Form 214 (Certificate of Release from Active Duty) for service ending 3 August 2022 to award service credit for period of 21 February through 10 August 2021 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Army Review Boards Agency (ARBA) letter • U.S. Army Human Resources Command (HRC) Orders Number HR-0052-00017 • National Guard Bureau (NGB) Orders Number NG-1224-00003 • NGB Orders Number NG-1224-00003A01 • Headquarters (HQs), U.S. Army Medical Command (MEDCOM) Orders Number MM-2031-00001 FACTS: 1. The applicant states in effect, he requests 6-months of active duty pay and allowances including leave for the period during 21 February 2021 through 10 August 2021 when he should have been kept on active duty orders due to a Line of Duty (LOD) injury he sustained while he was deployed overseas. Though his active duty orders were extended to keep him on active duty for initial medical treatment at Fort Hood, TX, until he was returned to his home State, they should have been extended for the entire period for his recovery of those injuries which he sustained while deployed. 2. A review of the applicant's service record shows: a. The applicant enlisted in the Army National Guard (ARNG) on 5 November 1999 and had continuous service through extensions until his disability retirement. b. On 2 May 2019, Orders Number 17-122-0115, issued by the Joint Force HQs IN, the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 24 May 2019. c. On 21 February 2020, Orders Number HR-0052-00017, issued by HRC, the applicant was ordered to active duty for operational support, effective 18 March 2020. d. On 17 November 2020, Orders Number 17-122-0115 (A2), issued by the Joint Force HQs Indiana amended Orders Number 17-122-0115 to change the period of service from 399-days to 299-days. e. On 19 November 2020: (1) Orders Number HR-0052-00017A01, issued by HRC amended Orders Number HR-0052-00017 to change his tour length from 347-days with an end date of 27 February 2021 to a tour length of 249-days with an end date of 22 November 2020. (2) Orders Number MM-0324-00003, issued by HQs, MEDCOM, the applicant was retained on active duty to participate in Reserve component warriors in transition medical retention processing program for completion of medical evaluation, effective 23 November 2020. f. The applicant was honorably released from active duty on 20 February 2021. DD Form 214 shows the applicant completed 1-year, 8-months, and 27-days of active service. g. On 12 August 2021, Orders Number NG-1224-00003, issued by the NGB, the applicant was ordered to active duty to participate in Reserve component managed care-mobilized for managed medical care, effective 11 August 2021. h. On 9 November 2021, Orders Number NG-1224-00003A01, issued by the NGB, amended Orders Number NG-1224-00003 which changed the tour length from 90-days with an end date of 8 November 2021 to a tour length of 179-days with an end date of 5 February 2022. i. On 31 January 2022, Orders Number MM-2031-00001, issued by HQs, MEDCOM, the applicant was retained on active duty to participate in Reserve component Disability Evaluation System (DES) related medical appointments, effective 6 February 2022. j. On 17 June 2022, the informal Physical Evaluation Board (PEB) found the applicant physically unfit for retention and recommended he be placed on the Permanent Disability Retired List (PDRL) with 60 percent disability. The applicant concurred with the findings of the PEB and waived a formal hearing. k. The applicant was honorably retired from active duty on 3 August 2022 and assigned to the U.S. Army Reserve (USAR) Control Group (Retired Reserve). DD Form 214 shows the applicant completed 11-months and 23-days of active service. l. The applicant was honorably released from the ARNG on 3 August 2022 and assigned to the USAR Control Group (Retired Reserve). NGB Form 22 (Report of Separation and Record of Service) shows the applicant completed 22-years, 8-months, and 30-days of service. m. On 10 August 2022, Orders Number 1979452, issued by the INARNG, the applicant was placed on the PDRL, effective 4 August 2022. 3. On 17 July 2023, in the processing of this case, the NGB provided an advisory opinion regarding the applicant's request for active duty pay and allowances including leave for the period of 21 February through 10 August 2021. The advisory official recommended a partial approval of the applicant's request. a. The applicant was ordered to active duty on 24 May 2019. As a result of a LOD injury, his mobilization tour ended on 22 November 2020. He was placed on a 90-days active duty order on 23 November 2020, he was placed on a 90-day active duty order in order to participate in Reserve Component (RC) warriors in transition medical retention processing program for completion of medical evaluation. Subsequently, on 11 August 2021, the applicant was again placed on active duty orders to participate in RC managed care – mobilization for managed medical care. He remained on these orders until 5 February 2022. Due to reaching medical retention determination point, he was referred to the Integrated Disability Evaluation System (IDES) for evaluation. On 6 February 2022, he began IDES orders. Consequently, he was retired effective 3 August 2022 due to permanent physical disability. b. Pursuant to Army Regulation (AR) 600-77 (Administrative Management of Wounded, Ill, Injured Soldiers), paragraph 3-1b (2), Soldiers who have incurred or aggravated a wound, illness, or injury and are found medically non-deployable by a military medical authority but can receive treatment that will change their duty status to deployable in a reasonable timeframe (less than 90 days), will be kept on partial mobilization orders and managed by the installation or unit to which they are assigned or attached. Paragraph 3-2 provides that RC Soldiers on active duty orders for more than 30 days who incur or aggravate a wound, illness, or injury with a definitive treatment plan are eligible for continuation on active duty for Medical Readiness Processing Evaluation (MRP-E) provided that such treatment plan requires definitive care, or permanent profile exists that refers the Soldier into IDES. Similarly, AR 40-58 (Army Recovery Care Program) defines the eligibility criteria for the RCMC program as follows: Soldier's medical condition is incurred or aggravated in the LOD; there is a need for evaluation, treatment, and/or disability evaluation processing while in an active duty status; Soldier's condition requires definitive care. c. Upon his return from deployment, the applicant continued on duty orders for MRP-E for 90 consecutive days with an end date of 20 February 2021. Due to his limitation and need for definitive care, he was returned to active duty on RCMC-M orders for further treatment. However, it appears that he experienced a 6-month gap in his medical care as his RCMC-M orders did not begin until 11 August 2021. Hence, he claims 6 months of active duty pay and other entitlements as applicable. d. This office contacted the INARNG to further inquire about this matter. The State provided a comprehensive memorandum describing the facts and circumstances leading to this matter. It explains that it engaged in multiple communications with NGB Medical Actions Branch, NGB Surgeons Office, and the Medical Command in order to determine the adequate course of action for his continuing medical care. In turn, this caused a significant delay that led to a temporary loss of his medical, pay, and other benefits. The State further opined that such loss was also due to the inadequacy of the MRP-E program for the applicant. It notes however he was approved for Tier 2 Incapacitation (INCAP) pay for the contested period (21 February 2021 through 9August 2021). e. Upon further inquiry about this matter, the ARNG Medical Administrative Actions Branch opined that while the applicant's claim for a 6-month retroactive payment is not valid, he should nevertheless be entitled to service credit and a reimbursement of incurred medical expenses, if any, during the alleged period. f. It is apparent that losses in healthcare, pay, allowances and other benefits encountered by the applicant were due to no fault of his own. On the contrary, it resulted from a discrepancy of the MRP-E program, as illustrated by the State, coupled with a delay in the approval of subsequent active duty order. He did receive INCAP pay in compensation for any income loss during his incapacitation period. Therefore, it is not necessary that he receives additional compensation for that period. However, he should receive service credit for time loss along with reimbursement of associated health care expenses, if applicable, that were incurred during that period. g. In light of the above, this office recommends that he be approved not for a retroactive pay adjustment, but rather for a service credit for time loss and refund of any healthcare related expenses during that period. 4. On 21 July 2023, the ARBA, Case Management Division provided the applicant the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. a. The evidence shows the applicant was ordered to active duty on 24 May 2019. As a result of an LOD injury, his mobilization tour ended on 22 November 2020. He was placed on a 90-days active duty order on 23 November 2020 to participate in Reserve component warriors transition medical retention processing program for the completion of a medical evaluation which ended on 20 February 2021. On 11 August 2021, he was subsequently placed on active duty to participate in Reserve component managed care -mobilization for managed medical care, where he remained until 5 February 2022. Due to reaching medical retention determination point, he was referred to the Integrated DES (IDES) for evaluation and he began the IDES orders on 6 February 2022. He was retired on 3 August 2022 due to a permanent physical disability. . b. The Board was persuaded by the State ARNG’s comprehensive review of the facts and circumstances leading to this matter, as well as the NGB’s finding that a delay occurred in the processing of an adequate course of action for the applicant’s continuing medical care. This in turn led to a temporary loss of the applicant’s medical, pay, and other benefits. The applicant experienced a 6-month gap in his medical care; hence he claims 6-months of active duty pay and other entitlements. During the 6-month gap he was approved for Tier 2 Incapacitation (INCAP) pay from 21 February to 9 August 2021. c. Based on the totality of the situation, the Board agreed that while the applicant’s claim for a 6-month retroactive payment is not valid, he should be entitled to service credit and a reimbursement of incurred medical expenses, if any, during the period in question. It is apparent that losses in healthcare, pay, allowances and other benefits encountered by the Soldier were due to no fault of his own. It resulted from a discrepancy of the MRP-E program, as illustrated by the State, coupled with a delay in the approval for subsequent active duty orders. Since the applicant did receive INCAP pay in compensation for any income loss during his incapacitation period, it is not necessary that he receives additional compensation for that period. However, the Board determined he should receive service credit for time loss and reimbursement of associated health care expenses, if applicable, that were incurred during that period. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF xx: xx: xx: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the corrections addressed in Administrative Note(s) below, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard (ARNG) records of the individual concerned be corrected by awarding the applicant ARNG service credit for time loss during the period 21 February through 10 August 2021. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to pay and allowances for the period of 21 February through 10 August 2021 8/15/2023 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending May 8, 2000: Delete: Item 24 (Character of Service): Uncharacterized and Add: Item 24: Honorable. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. • DD Form 214 service ending May 8, 2000 • Army Regulation 635-8 3. Please correct the applicant's DD Form 214 by correcting character of service shown in paragraph 1 above. Provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant's official military personnel record. REFERENCES: 1. AR 600-77 (Administrative Management of Wounded, Ill, Injured Soldiers), establishes policies and procedures for the administrative management of wounded, ill, or injured Soldiers. Paragraph 3–1 (Eligibility for medical care for Reserve Component Soldiers (mobilized/deployed), b. Post mobilization and/or pre-deployment. (2) Soldiers who have incurred or aggravated a wound, illness, or injury and are found medically non-deployable by a military medical authority but can receive treatment that will change their status to deployable in a reasonable timeframe (less than 90 days), will be kept on partial mobilization orders and managed by the installation or unit to which they are assigned or attached. 2. Title 10 United States Code (USC), section 1074a (Medical and dental care: members on duty other than active duty for a period of more than 30-days), (a)Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in subsection (b): (1) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the LOD while performing: (A) active duty for a period of 30-days or less; (B) inactive-duty training; or (C) service on funeral honors duty under section 12503 of this title or section 115 of title 32. (e) (1) A member of a uniformed service on active duty for health care or recuperation reasons is entitled to medical and dental care on the same basis and to the same extent as members covered by section 1074(a) of this title while the member remains on active duty. (2) Paragraph (1) applies to a member described in paragraph (1) or (2) of subsection (a) who, while being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the LOD, is continued on active duty pursuant to a modification or extension of orders, or is ordered to active duty, so as to result in active duty for a period of more than 30-days. 3. Department of Defense Instruction (DoDI) 1241.01 (Reserve Component (RC) Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements), this Instruction establishes policy and provides guidance for determining an entitlement to medical and dental treatment and pay and allowances for RC Service members with injury, illness, or disease incurred or aggravated in the LOD. Specifically, this department wide policy instructs that an LOD determination is the mechanism for determining an RC Servicemember entitlement to medical and dental treatment and incapacitation pay for an injury, illness, or disease incurred or aggravated while in a qualified duty status and that is not the result of gross negligence or misconduct. (2) When an RC Service member is on active duty or full-time National Guard duty (FTNGD) for a period of more than 30-days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the DES, but this has not yet been determined by the DES, the member: (a) will, with his or her consent, be retained on AD or FTNGD until: 1. Outstanding in-LOD conditions are resolved; or 2. He or she is either found fit for duty, separated, or retired as a result of a DES finding. 4. DoDI 1332.18 (Disability Evaluation System), instructs that the DES is the mechanism for determining return to duty, separation, or retirement of Servicemembers because of disability. f. Pursuant to Section 12301(h) of Title 10, USC., RC Service members may, with the consent of the Service member, be ordered to active duty to receive authorized medical care or to be medically evaluated for disability or other purposes. k. RC Service members on active duty orders specifying a period of more than 30-days, who incur a potentially unfitting condition during that time will, with their consent, be kept on active duty for disability evaluation processing until final disposition by the Secretary of the Military Department concerned. 5. Title 10 USC, section 12301 (h) (1) When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty: (A) to receive authorized medical care; (B )to be medically evaluated for disability or other purposes; or (C) to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member. (2) A member ordered to active duty under this subsection may, with the member's consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law. (3) A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to active duty under this subsection only with the consent of the Governor or other appropriate authority of the State concerned. 6. AR 635-8 (Separation Processing and Documents) states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clearcut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Source documents will consist of separation approval documents to include separation orders. Block 12c (Net Active Service this Period); amount of service this period, computed by subtracting block 12a from 12b. //NOTHING FOLLOWS//