IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220004125 APPLICANT REQUESTS: * amendment of his Soldier Recovery Unit Remote Medical Management (SRU- RM2) orders to reflect he was on active duty for the period of 1 October 2020 through 3 January 2021 * entitlement to all back pay and allowances APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * Special Operations Command Pacific Orders Number 031-01 * DA Form 1307 (Individual Jump Record) * U. S. Army Human Resources Command (HRC) Orders Number HR-7352-00003 * HRC Orders Number HR-7352-00003A01 * HRC Orders Number HR-7352-00003A02 * HRC Orders Number HR-9004-00002 * HRC Orders Number HR-9004-00002A01 * HRC Orders Number HR-9004-00002A02 * HRC Orders Number HR-9004-00002A03 * HRC Orders Number HR-9330-00022 * E-mail from applicant, 17 August 2020 * E-mail from Lieutenant Colonel (LTC) 26 August 2020 * E-mail from Master Sergeant (MSG) 5 October 2020 * Email from MSG 29 September 2020 * E-mail from MSG 6 October 2020 * Army Reserve Medical Management Center (ARMMC) Profile Request Letter of Instruction (LOI) * E-mail from applicant, 12 November 2020 * Army Recovery Care Program (ARCP) Treatment Plan and Complexity Determination Form * E-mail from MSG 28 December 2020 * Headquarters (HQs), U. S. Army Medical Command (MEDCOM) Orders Number MM-1005-00014 * E-mail from Colonel (COL) 7 January 2021 * E-mail from MSG dated 7 January 2021 * E-mail from MSG 7 April 2021 * E-mail from 12 April 2021 * E-mail from 13 April 2021 * E-mail from 22 April 2021 * applicant's biography FACTS: 1. The applicant states he requests his orders be amended to reflect he was on active duty during the period of 1 October 2020 through 3 January 2021 and be paid all back pay and allowances for this period. The reason for the gap in his orders for this period of time occurred when his active duty unit and his U. S. Army Reserve (USAR) unit attempted to navigate the medical hold process in order to retain him on active duty for hip surgery as a result of a Line of Duty (LOD) injury that he sustained while he was serving with Special Operations Command Pacific (SOCPAC). The injury was aggravated while he was serving with U.S. Indo-Pacific Command (USINDOPACOM) on consecutive back to back Active Duty for Operational Support (ADOS) orders during the period of January 2018 through 30 September 2020. He was instructed to continue with the surgery while his units were navigating the medical hold process in the anticipation that he would receive (Soldier Recovery Unit Medical Retention Process (SRU-MRP) orders which would cover the period for his surgery and recovery. He was also advised that the orders would be back dated to prevent a break in active duty service. When he finally received his orders which began on 5 January 2021, it was discovered the period of 1 October 2020 through 3 January 2021 was not covered. The failure of not having back dated the orders caused a 90-day break in service which has caused a financial hardship. It also caused him great anxiety with the thought the back dated orders would not come through and would cause him to exhaust his financial resources before he would be able to regain full employment. On 5 November 2019, he conducted military free fall jumps with hard openings while he was assigned to SOCPAC and on active duty orders during the period of 2 January 2018 through 20 September 2020. After the jump he noted he had pain post the injury that became exacerbated over the following 11-months. He had numerous medical appointment between December 2019 through July 2020 which included physical therapy which had limited results. He explored surgery options and locked in a surgery date for the end of September. He then explored options to continue on active duty for the surgery and initiated a LOD. His INDOPACOM unit did not provide any options for surgery and referred him to SOCOM. SOCOM initiated his orders through his USAR unit in September 2020. Then his surgery was postponed as his surgeon was deployed and it was rescheduled for 28 October. He initiated a Warrior Transition Unit packet with his USAR unit and his orders ended on 30 September with no continuation of orders. He did not complete the release from active duty process and his DD Form 214 was not published with the anticipation he would be continued on active duty beginning October 2020. Since his orders ended; he stopped receiving his pay and entitlements. He inquired if he should continue with the surgery since his orders had ended. He was ensured by several levels the orders were in the process and to complete the surgery and the orders would follow and be backdated to 1 October 2020 to prevent a break in service. He did not seek employment or turn in his Department of Veterans Affairs (VA) disability pay to prevent a conflict with his orders. The surgery was completed at Tripler Army Medical Center, HI, and it was estimated to be six to nine months of recovery and he began physical therapy at Kaneohe Bay Marine Corps Base. He was then informed a RM2 packet needed to be completed instead of the previous packet his unit started. He received medical continuation orders on 5 January that was backdated to 4 January 2021. He provided his orders to the Schofield Barracks transition officer and recommended holding off on the publication of his DD Form 214 (Certificate of Release or Discharge from Active Duty) until a determination could be made regarding the orders to cover the gap. He attempted to resolve the issue with the break in service with U.S. Army MEDCOM, SOCOM and the SRU. His USAR unit stated it was the responsibility of USINDOPACOM to submit the request for the amended orders. MEDCOM declined his request stating there was no legal basis to issue orders or amended orders to cover the period of 1 October 2020 through 3 January 2021 due to the failure to demobilize. 2. A review of the applicant's service record shows: a. On 31 May 2003, the applicant completed his oath of office and was appointed a Reserve commissioned officer with a concurrent call to active duty. b. DD Form 214 shows the applicant was honorably released from active duty on 3 August 2016 and assigned to the U.S. Army Reserve (USAR). DD From 214 shows the applicant completed 13-years, 2-months, and 3-days of active service. c. On 4 August 2016, HRC Memorandum, Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10 United States Code (USC), sections 12201 and 12203 shows the applicant was appointed a Reserve commissioned officer, effective 4 August 2016. d. On 31 January 2017, Orders Number 031-01 issued by SOCPAC awarded the applicant special duty pay for parachute military free fall in the amount of $225.00, effective 24 January 2018. e. On 31 August 2017, Orders Number 243-01 issued by SOCPAC awarded the applicant special duty pay for parachute military free fall in the amount of $225.00, effective 15 August 2017. f. On 18 December 2017, Orders Number HR-7352-00003 issued by HRC ordered the applicant to report to Schofield Barracks, HI, on 2 January 2018 for Contingency Operations ADOS (CO-ADOS). The period of active duty was for 364-days to end on 31 December 2018. g. On 26 February 2018, Orders Number HR-7352-00003A01 issued by HRC, amended Orders Number HR-7352-00003 directing the applicant to report to Camp Smith, HI. h. On 12 March 2018, Orders Number HR-7352-00003A02 issued by HRC, amended Orders Number HR-7352-00003 to change the additional instructions from service member elected Permanent Change of Station (PCS) move during this assignment and is authorized movement of dependents and household goods (HHG). Movement of HHG to and from place entered active duty at government expense. The amendment removed the instructions of service member has elected PCS move during this assignment. Movement of dependents and HHG goods was not authorized. i. On 4 January 2019, Orders Number HR-9004-00002, issued by HRC, ordered the applicant to report to Camp Smith, HI, for ADOS effective 10 January 2019,. The period of active duty was for 264 days to end on 30 September 2019. j. On 8 January 2019, Orders Number HR-9004-00002A01, issued by HRC, amended Orders Number HR-9004-00002, which directed the applicant to report on 1 January 2019 and his tour length was changed from 264-days to 273-days. k. On 30 September 2019, the applicant was honorably released from active duty. DD Form 214 shows the applicant completed 1-year, 8-months, and 29-days of active service. l. On 5 November 2019, Orders Number HR-9004-00002A02 issued by HRC, amended Orders Number HR-9004-00002 to change the tour length from 273-day to end on 30 September 2019 to 324-days to end on 20 November 2019. m. On 20 November 2019, Orders Number HR-9004-00002A03, issued by HRC, amended Orders Number HR-9004-00002 to change the tour length from 324-day to end on 20 November 2019 to 333-days to end on 29 November 2019. n. On 26 November 2019, Orders Number HR-9330-00022 issued by HRC ordered the applicant to report to Camp Smith, HI, for ADOS, effective 30 November 2019,. The period of active duty was for 306-days to end on 30 September 2020. o. The applicant's service record is void of any evidence of a published DD Form 214 to cover the period of service from 1 October 2019 through 30 September 2020. p. On 5 January 2021, Orders Number MM-1005-00014, issued by HQ, U.S. Army MEDCOM, retained the applicant on active duty, effective 4 January 2021 to report to Headquarters and Headquarters Company, Warrior Transition, Tripler General, HI, to participate in Reserve component Soldier in Transition MRP. The period of duty was for 179-days to end on 1 July 2021. The additional instructions stated: * no break in service and service member can carry leave over with no penalty subject to the limit in accordance with (IAW) Title 10 USC, section 701 * IAW Department of Defense Instruction (DODI) 1332.38 (Physical Disability Evaluation System (PDES)) service member will be entered into the PDES process at the earliest determination * if service member is unable to return to full military duty within 1-year of diagnosis of medical condition before orders expire release from active duty was required upon completion of medical care q. On 3 May 2021, Orders Number 21-123-00021 issued by HQs, 81st Readiness Division (RD) USAR, the applicant was assigned to the 4960th Multi-Functional Training, Honolulu, HI, effective 1 July 2021. r. On 1 July 2021, Orders Number MM-1005-00014A01 issued by HQs, U. S. Army MEDCOM, amended Orders Number MM-1005-00014 to change his tour length from 179-days to end on 1 July 2021 to 358-days to end on 27 December 2021. s. On 15 November 2021, Orders Number MM-1005-00014A02 issued by HQs, U.S. Army MEDCOM, amended Orders Number MM-1005-00014 to change his tour length from 358-days to end on 27 December 2021 to 537-days to end on 24 June 2022. t. On 23 June 2022, Orders Number MM-1005-00014A03, issued by HQs, U.S. Army MEDCOM, amended Orders Number MM-1005-00014 to change his tour length from 537-days to end on 24 June 2022 to 716-days to end on 20 December 2022. u. On 20 September 2022, Orders Number MM-1005-00014A04, issued by HQs, U.S. Army MEDCOM, amended Orders Number MM-1005-00014 to change his tour length from 716-days to end on 20 December 2022 to 668-days to end on 2 November 2022. v. On 2 November 2022, the applicant was honorably released from active duty and assigned to the 4960th Multi-Functional Training Brigade. DD Form 214 shows the applicant completed 1-year, 9-,months, and 29-days of active service. It also shows in item 18 (Remarks) the applicant was retained on active duty to participate in the Reserve component Soldier in transition medical retention processing program for completion of medical evaluation (SRU-RM2) (Initial) IAW Title 10 USC, section 12301 (h), 1074 (A), and 12322. 3. The applicant provides: a. DA Form 1307 which shows his history of completed jumps. b. E-mail from the applicant dated 17 August 2020, to S-, he stated he spoke with the orthopedic and his primary care manager and surgery was being considered for significant hip and lower back issues. He had several months of chiropractic and rehabilitation with little success. He informed the medical personnel his orders ended his active duty service on 30 September and he was informed the recovery would be for four to six months which would go beyond 30 September. It was recommended his medical issues be taken care of while he was on active duty orders. c. E-mail from LTC dated 26 August 2020, she provided information regarding Soldiers on 12302 (B) orders who do not have sufficient time on current orders. The information explained the process for Soldiers to apply for MRP orders and Active Duty Medical Extension (ADME) orders. d. E-mail from MSG dated 29 September 2020 that requested Mr. to process the LOD. On 4 October 2020, the applicant e-mailed MSG inquiring about the next step in the process to make sure the surgery happened on 28 October and he needed to decide on his financial situation and career prospects in the event he was not placed back on WTU orders. On 6 October 2020, MSG e-mailed Mr. inquiring if he had an update on the applicant's Warrior Transition Unit (WTU) packet. e. E-mail from MSG dated 6 October 2020, inquiring with Mr. to provide an updated status of the applicant's assignment to the WTU. MSG also stated he could contact the Office of the Chief of the Army Reserve (OCAR) if it would help. f. ARMMC Profile Request dated 26 October 2020 which requests a temporary profile for the applicant regarding right hip pain secondary to femoroacetabular impingement with mild to moderate osteoarthritis. The applicant did not have limitations performing Soldier tasks. He was prohibited in performing the Army Physical Fitness Test (APFT). The diagnosis was post right hip surgery on 28 October; the treatment plan was right hip arthroscopy with femoroplasty possible labral repair versus debridement on 28 October 2020. There would be follow up on 13 November and 11 December 2020 and on 22 January 2021. The physical limitations would be temporary for 90-days and he would be able to take the APFT on 22 January 2021. g. E-mail from the applicant dated 12 November 2020, which stated he was 2- weeks post-surgery with no indication that orders would be published. He underwent the surgery with the anticipation he would be placed on orders for the surgery and his recovery period. The injury occurred while he was on active duty and the surgery was recommended to prevent hip replacement in the future. He would have sought employment opportunities if he had known the orders for this period would not have been approved. h. ARCP Treatment Plan and Complexity Determination form dated 15 December 2020, the applicant was diagnosed with right hip femoroacetabular impingement with treatment by an orthopedic surgeon with referral to physical therapy three times per weeks. The recovery was expected to be longer than 6-months. It stated the applicant was a reservist who underwent right hip surgery on 28 October 2020 for a LOD injury and would require six to nine months rehabilitation. Part D Soldier Recover Unit (SRU) Surgeon or Medical Provider Answer and Recommendation was not completed. i. E-mail from MSG dated 28 December 2020, which requested a General Officer Memorandum regarding the applicant's LOD. MEDCOM and INDOPACOM was working to get the orders back dated to 1 October 2020 to show no break in service. j. E-mail from COL USAR Advisor to the ARCP dated 7 January 2021, which stated PACOM should have connected the applicant with SRU on Oahu before his orders ended on 30 September 2020 and being the applicant did not return to the continental U. S. to be released from active duty at Fort Bragg, NC there was some difficulty in the process. She would engage Headquarters, Department of the Army (HQDA) G-1 to see if it was possible to process an order to back date to 1 October 2020. k. E-mail from MSG dated 7 April 2021, which shows from that it appears PACOM should have completed the applicant's request before he departed the unit. l. E-mail from Ombudsman, Army Medical Readiness Assistance Program (AMRAP) dated 12 April 2021, which stated he believed the Army Board for Corrections of Military Records (ABCMR) could and would address the applicant's issue. He was also confident ABCMR would ensure the responsible party did what was necessary to make the applicant whole. m. E-mail from Ombudsman, AMRAP dated 13 April 2021, which stated the SRU commander was engaging on the applicant's behalf regarding the gap in his orders, if that did not work the applicant might want to consider completion of his DD Form 214 to close out his active duty service which ended on 30 September 2020. n. E-mail from Ombudsman, AMRAP dated 22 April 2021 which stated he spoke with LTC on 21 April 2021. No one would commit to creating orders to cover the period of 1 October 2020 through 3 January 2021. though it was time to explore contacting the ABMCR or elected officials. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence clearly indicates the applicant was to be retained on active duty for medical reasons after his ADOS orders ended on 30 September 2020 with no break in service. While the reason this did not happen is unclear, the Board found the break in service is clearly an injustice. The Board determined the applicant’s record should be corrected to show the report date on his medical retention orders is 1 October 2020 and he should receive any pay and allowances he was due during the period 1 October 2020 through 3 January 2021. 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 amending Headquarters, U.S. Army Medical Command Orders MM-1005-00014, 5 January 2021, to show the report date was 1 October 2020. As a result of this correction, the applicant should receive any pay and allowances he is due for the period 1 October 2020 through 3 January 2021. 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. DODI 1332.38 (Physical Disability Evaluation), implements policy, assigns responsibilities, and prescribes procedures for: * retiring or separating Service members because of physical disability * making administrative determinations for Service members with Service-incurred or Service aggravated conditions * authorizing a fitness determination for members of the Ready Reserve who are ineligible for benefits because the condition is unrelated to military status and duty 2. DODI 1241.2 (Reserve Component (RC) Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements), establish policy, assign responsibility, establish objectives, and provide 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. a. Paragraph 3 a, a Reserve component Service member is entitled to medical and dental treatment for an injury, illness, or disease that was incurred or aggravated while in a qualified duty status and that is not the result of gross negligence or misconduct (referred to in this instruction as a "covered condition"). A determination that establishes a covered condition will be referred to in this instruction as an "in LOD determination." b. Paragraph 3a (2), when an Reserve component 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 Disability Evaluation System (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: * outstanding in LOD conditions are resolved; or * is either found fit for duty, separated, or retired as a result of a DES finding (b) May elect to be released from active duty before resolution of the conditions or completion of the DES process. If the Reserve component Service member so elects, the Secretary concerned will assign responsibility for completing the resolution of the conditions or completion of the DES process to the member's RC command (or other appropriate command) and provide an in LOD determination to document the member's entitlement to medical and dental treatment comparable to that under section 1074a of Reference (e). 3. Title 10 USC, section 12322 (Active Duty for Health Care), A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of such section may be continued on active duty, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the LOD as described in any of such paragraphs. 4. Joint Travel Regulation Volume 1, chapter 3 (Temporary Travel Part D: Medical Travel), Paragraph 033001, (Inpatient, Hospitalization, Rehabilitation, and Outpatient), A. Eligibility. A Service member who is an inpatient, in an outpatient status away from the permanent duty station (PDS), or who is assigned to a rehabilitation center, may be eligible for travel and transportation allowances. An "outpatient status" means that the patient is no longer assigned a bed but is in a non-leave status. An outpatient is not medically able to return to duty but is continuing treatment. B. Allowances, 1. An inpatient is not authorized per diem while hospitalized. However, per diem is authorized when in an outpatient status away from the PDS and for days of travel to, from, and between hospitals. 2. An authorizing official may approve reimbursement of occasional lodging when the Service member must retain lodging at the same or a prior TDY location. 3. A Service member eligible for allowances under the Pay and Allowance Continuation Program receives the incidental expense portion of per diem (see the DoD Financial Management Regulation, Vol. 7A, Chapter 13 (Illness or Injury Payment Programs)). 4. A Service member assigned to a rehabilitation center or activity for training or treatment is not authorized per diem when both Government quarters and a dining facility are available. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004125 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1