IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007394 APPLICANT REQUESTS: correction of his permanent disability retirement orders dated 12 December 2008, to show: * his disabilities were based on injury or disease received in the line of duty (LOD) as a direct result of armed conflict or caused by an instrumentality of war and incurred in LOD during a war period as defined by law * his disabilities resulted from a combat related injury as defined in 26 USC 104 * the Purple Heart as a significant award APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4980-10 (Purple Heart Certificate), 28 April 2005 * Medical Documents * U.S. Army Physical Disability Agency (USAPDA) Appeal Packet * Combat-Related Special Compensation (CRSC) Packet * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), 5 December 2008 * USAPDA Orders D347-01, 12 December 2008 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 all of his injuries were caused by instruments of war in Iraq and manifested in Iraq, a designated area of conflict. He was awarded a Purple Heart. The USAPDA erred with his retirement disability orders dated 12 December 2008, by stating “No” for significant awards and “Not Applicable” for: * disability is based on injury or disease received in LOD as a direct result of armed conflict or caused by an instrumentality of war and incurred in the LOD during a period as defined by law * disability resulted from a combat related injury as defined in 26 USC 104 These errors are unjust because it may affect employment benefits. 3. On 7 April 1994 the applicant enlisted in the Regular Army for 4 years. He reenlisted on 17 April 1997 (in rank of specialist (SPC/E-4)), 19 September 2000 (in rank of sergeant (SGT/E-5)), and on 13 September 2002. 4. In support of his application the applicant provides: a. Orders dated 14 January 2004 that directed his unit to proceed on temporary change of station on or about 10 February from Germany to U.S. Central Command area of operations in support of Operation Iraqi Freedom II rotation not to exceed 365 days. b. Orders dated 27 April 2004 and DA Form 4980-10 dated 28 April 2005 shows the applicant was awarded a Purple Heart for wounds he received in action in Iraq on 11 April 2004. c. A U.S. Army Medical Department Activity (USAMEDDAC) Wurzburg, Germany, Medical Record Narrative Summary, dated 14 June 2004 states: (1) The applicant was driving a truck carrying munitions in a convoy in Iraq which came under attack on 11 April 2004. He sustained a gunshot wound to the right forearm and notably he is right hand dominant. He also sustained multiple fragment wounds to the right upper arm, shoulder, right buttocks, and the heel of his right foot. A radiographic exam revealed no fractures. He was evacuated to the Landstuhl Regional Medical Center where he received routine wound care prior to being transferred to the Wurzburg Army Hospital on 14 April 2004. In theater, he underwent a right forearm fasciotomy and wound debridement on 15 April 2004. (2) On 22 April 2004, he received a subsequent wound debridement of the remaining open wounds on his right upper extremity, right buttocks, and right heel. He was discharged on convalescent leave with a physical profile. Follow-up care was scheduled with general surgery, orthopedic surgery, physical therapy, and occupational therapy. His ultimate return to duty would be predicated on the function of his right arm. Nerve conjunction studies would be considered, after allowing 1 to 2 months for the effects of any contusion to the nerve to subside. d. USAMEDDAC medical record, operation report dated 13 July 2004, shows the applicant had an exploration of his right nasal soft tissue because he felt that there was a foreign body or some object within the soft tissue. No foreign bodies were identified. e. A DA Form 3349 (Physical Profile) shows on 18 November 2004 the applicant received a permanent profile of 13311 for multiple shrapnel wounds to his right forearm, right buttock, right shoulder, right foot, and shrapnel injury to his face. He was recommended for the medical evaluation board (MEB) and PEB. The applicant’s commander was informed on this form of the applicant functional limitations. f. Commander’s memorandum, Commander's Performance Statement, Applicant, dated 7 December 2004 states due to wounds the applicant received in action on 11 April 2004 near Balad, Iraq he received seven surgeries. He was physically fit and capable of performing all duty related tasks prior to his wounds. However, his wounds have prevented him from performing his duties as a 92F (Petroleum Supply Specialist). g. A USAMEDDAC Wurzburg psychiatric addendum dated 26 January 2005 states the applicant has been diagnosed with post-traumatic stress disorder (PTSD), status post multiple bullet and shrapnel injuries, with concomitant disabilities, occupational and economic problems, with a psychiatric diagnosis corresponding to Army Regulation (AR) 40-501 (Standards of Medical Fitness), paragraph 3-33. His condition was serious and chronic, and would require further treatment. h. Medical Record, Medical Board Narrative Summary, dated 3 March 2005 shows the applicant was examined for right dominant upper extremity pain and weakness, right lower extremity pain and weakness, and right heel pain and loss of sensation due to an ambush on 11 April 2004 while riding in his vehicle during a deployment in Iraq. This was the last day he worked in his primary military occupational specialty 92F (Petroleum Supply Specialist). It was in the opinion of the physician and of the orthopedic and general surgeons that the applicant may no longer meet the medical standards prescribed in AR 40-501, Chapter 3. It appeared that the applicant may be unfit for continuation on active duty for medical reasons and referred his case to the PEB for final decision and adjudication. i. A DA Form 3947 (MEB Proceedings), dated 12 March 2005 shows: (1) The applicant was diagnosed with: (a) Right dominant upper extremity pain and weakness with loss of grip strength and sensation. According to AR 40-501, Chapter 3, paragraph 3-30j and 3-41e(1), this service member may be considered medically unacceptable. (b) Pain and loss of sensation right heel. According to AR 40-501, Chapter 3, paragraph 3-30j and 3-41e(1), this service member may be considered medically unacceptable. (c) Post-traumatic stress syndrome [PTSD]. According to AR 40-501, Chapter 3, paragraph 3-33c, this service member may be considered medically unacceptable. (d) Each condition had its onset while the applicant was entitled to base pay. (2) The applicant was referred to the PEB. (3) The applicant no longer desired to continue on active duty under AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation). On 18 March 2005 he agreed with the board findings and recommendation. j. A PEB memorandum, Return of Disability Case of Applicant, dated 18 April 2005, shows the PEB requested additional information concerning the applicant’s neurological examination, PTSD symptoms, and completion of the approving authority section on his DA Form 3947. k. A USAMEDDAC Memorandum to PEB, Return of Disability Case of Applicant, dated 29 April 2005, submits the PEB requested documents in response to the PEB memorandum dated 18 April 2005: (1) Second Psychiatry Addendum, dated 25 April 2005, in response to the specific questions of the PEB: (a) Medical records were reviewed. (b) The applicant is not working now and cannot work. It is unknown if he is "trainable,” however a referral to Vocational Rehabilitation is indicated. He appears to be respectful and obedient to authority, he believes in his faith and can work with others. (2) Neurology Consultation, dated 27 April 2005 states the applicant was diagnosed with: (a) Right arm weakness and numbness secondary to gunshot wounds in April 2004. He has significant loss of fine motor function of his dominant hand. (b) Hypesthesia of right head secondary to war wounds. (3) Page 2 of DA Form 3947, action by the approval authority was corrected to show the approval authority selected “The findings and recommendation of the board are approved.” l. A DA Form 199 (PEB Proceedings) shows a PEB convened on 5 May 2005. (1) The PEB found the applicant physically unfit and recommended a combined rating of 50% and placement on the Temporary Disability Retired List (TDRL) with reexamination during November 2006. His unfitting conditions are: * PTSD (MEB (Diagnosis) Dx 3), secondary to serious injuries suffered in Iraq in April 2004 * residual upper extremity weakness and loss of sensation (MEB Dx 2), secondary to serious injuries suffered in Iraq in April 2004 * chronic pain in the right heel (MEB Dx 1), secondary to serious injuries suffered in Iraq in April 2004 (2) The PEB concluded that the applicant’s medical condition prevented satisfactory performance of duty in his grade and specialty. His condition had not stabilized to the point that a permanent degree of severity could be determined, therefore he was placed on the TDRL. (3) The PEB determined: * his retirement was based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in the line of duty during a period of war as defined by law * the disability did result from a combat related injury as defined in 26 USC 104 (4) On 9 May 2005 the applicant concurred with the PEB findings and recommendations and waived a formal hearing of his case. m A USAPDA memorandum, Return of PEB, Applicant, dated 20 May 2005, shows it was requested of the PEB to reconsider the applicant’s right heal condition in order to: * rate for pain * describe basis of rating (frequency, intensity) * cite PDA memorandum * award appropriate percentage n. A DA Form 199 shows a PEB convened on 31 May 2005 (Under AR 635-40, this case was reconsidered at the direction of the USAPDA and supersedes the PEB convened on 5 May 2005). (1) The PEB found the applicant physically unfit and recommended a combined rating of 60% and placement on the TDRL with reexamination during November 2006. His unfitting conditions remain: * PTSD secondary to serious injuries suffered in Iraq in April 2004 * Residual upper extremity weakness and loss of sensation secondary to serious injuries suffered in Iraq in April 2004 * Chronic pain in the right heel secondary to serious injuries suffered in Iraq in April 2004 (2) The PEB determined: * his retirement was based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in the line of duty during a period of war as defined by law * the disability did result from a combat related injury as defined in 26 USC 104 (3) On 3 June 2005 the PEB proceedings were approved. o. A DA Form 18 (Revised PEB Proceedings) shows a PEB convened on 3 June 2005 at the USAPDA. The applicant’s unfitting conditions remain the same as above. The board found the applicant physically unfit and recommended a combined rating of 60% and placement on the TDRL with reexamination during November 2006. On 3 June 2005 the PEB proceedings were approved for the Secretary of the Army. p. Orders dated 7 June 2005 assigned the applicant to the Schweinfurt Transition Center, Germany for separation processing. q. Orders dated 11 July 2005 shows he was released from assignment and duty because of physical disability incurred while he was entitled to basic pay and placed on the TDRL on 2 September 2005 with a 60% disability rating. It states “No” for significant awards and “Yes” for: * disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a period as defined by law * disability resulted from a combat related injury as defined in 26 USC 104 r. A DD Form 214 shows the applicant was retired on 1 September 2005 under the provisions of AR 635-40, paragraph 4-24b(2), disability, temporary. He completed 11 years, 4 months, and 25 days of net active service during this period. It shows he deployed to Iraq from 4 February 2004 - 13 April 2005. s. Letter Orders dated 14 July 2006 shows the applicant was attached to the Martin Army Community Hospital for TDRL physical examination. t. A TRDL medical examination dated 27 November 2006 shows he was diagnosed with loss of sensation to the right heel. It was determined that the applicant did not meet the standards for retention under AR 40-501, paragraphs 3-30(j) and 3-41e (1), Chapter 3. It was recommended that his case be referred to the PEB for disposition. u. A PEB memorandum, Retention on TDRL, dated 23 April 2007 states the applicant would be retained on the TRDL with reexamination during October 2008. v. A Veteran Affairs (VA) rating decision dated 7 February 2008, shows the applicant requested a claim increase on 25 October 2007. Effective 1 December 2007 the VA granted a 90% service-connected disability rating for the following: * gunshot wound and shrapnel wound right arm, right hand, right wrist, and right shoulder, gunshot wound of the right buttock, shrapnel wound of the right heel and foot, shrapnel wound of the right face and nose, tinnitus, and low back strain, 100% effective 2 September 2005 to 1 December 2007 * PSTD from 30% effective 2 September 2005 to 50% 25 October 2007 * gunshot wound right shoulder (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 30% effective 1 December 2007 * low back strain (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 20% effective 1 December 2007 * gunshot wound to right hand and wrist, (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * tinnitus (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * scars, shrapnel wound to the right heel and foot (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * residual scar, gunshot wound right shoulder (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * residual scar, gunshot wound right forearm (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * residual scar, gunshot wound right buttock (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 10% effective 1 December 2007 * scars, shrapnel wounds of the right face and nose (Previously evaluated as gunshot wound and shrapnel wound right arm, right hand, right wrist, right shoulder, right buttocks, right heel, right foot, right face and nose, tinnitus, and low back strain), 0% effective 1 December 2007 w. A DD Form 215 (Correction to DD Form 214) dated 13 March 2008 shows the applicant’s rank was corrected from SGT to SSG. x. A Human Resources Command letter dated 2 October 2008 shows the applicant’s request for CRSC was awarded effective January 2008. y. A DA Form 199 shows a PEB convened on 18 November 2008. (1) The TDRL PEB found the applicant physically unfit and recommended a combined rating of 80% and a permanent disability retirement for: * right (dominant) muscle group VII (7) injury from shrapnel and subsequent surgery * PTSD * right (dominant) muscle group V (5) injury from multiple shrapnel wounds * right (dominant) incomplete ulnar neuropathy * painful scarring on the right heel from shrapnel injury (2) Based on review of the TDRL examination, the PEB determined that the applicant remained unfit to reasonably perform the duties required by his previous grade and military specialty. His current condition was considered sufficiently stable for final adjudication. (3) The applicant failed to make an election within the prescribed time limits and per AR 635-40, paragraph 4-20c (3), his case was forwarded for further processing. (4) On 5 December 2008 the PEB proceedings were approved for the Secretary of the Army. z. Orders dated 12 December 2008 removed the applicant from the TDRL on 12 December 2008 because of permanent physical disability and permanently retired him. The orders show “No” for significant awards and “Not Applicable” for: * disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a period as defined by law * disability resulted from a combat related injury as defined in 26 USC 104 5. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and/or the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant is applying to the ABCMR requesting the orders permanently retiring him for physical disability show his injuries were combat related and that he received the Purple Heart. b. The Record of Proceedings details the applicant’s military service and the circumstances of the case. The applicant’s DD 214 for the period of Service under consideration shows he entered the regular Army on 7 April 1994 and was placed on the temporary disability retirement list (TDRL) on 1 September 2005 under the authority in paragraph 4-24b(2) of AR 635-40, Physical Evaluation for Retention, Retirement, or Separation (8 February 2006). Discharge orders published by the United States Army Physical Disability Agency (USAPDA) removed the applicant from the TDRL and he was permanently retired for physical disability with a military disability rating of 80% effective 12 December 2008. c. On 5 May 2005, the applicant’s informal physical evaluation board (PEB) determined his PTSD, right upper extremity nerve damage, and chronic right heel pain were unfitting conditions for continued service. Using the VA Schedule for Rating Disabilities (VASRD), they derived and applied disability ratings of 30%, 20%, and 20% respectively. After determining at least one of the conditions was unstable for final rating purposes, they recommended the applicant be placed on the temporary disability retirement list with a combined military disability rating of 60%. d. Block 10 of the applicant’s Physical Evaluation Board (PEB) Proceedings (DA 199) show the PEB made the administrative determinations that “The soldier's retirement is based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war as defined by law;” and “the disability did result from a combat related injury as defined in 26 U.S.C. 104.” On 9 May 2005, after being counseled on the Board’s findings and recommendation by his PEB liaison officer, he concurred with the Board and waived his right to a formal hearing. e. The orders placing him on the TDRL effective 2 September 2005 were published by the Schweinfurt Transition Center on 11 July 2005. They reflect the affirmative combat related determinations of the PEB. f. At his 18 November 2008 TDRL reevaluation, his informal PEB determined his conditions still failed medical retention standards but were now stable for rating purposes. Using the VASRD, they derived and applied a combined military disability rating of 80% and recommended the applicant be permanently retired for physical disability. Typed in Block 10 of the DA 199 is “Not applicable” because combat determinations do not change once the administrative determination has been made and awarded. g. For this same reason, the discharge orders published by USAPDA which took the applicant from temporarily retired to permanently retired for physical disability state “not applicable” for the combat related items on these orders. h. It is the opinion of the ARBA medical advisor that amendment of his permanent retirement orders is not necessary. The applicant could be advised to supply both sets of retirement orders and his DD 214 when seeking benefits. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The orders that placed him on the TDRL effective 2 September 2005 were published by the Schweinfurt Transition Center on 11 July 2005. They reflect the affirmative combat related determinations of the PEB. During his November 2008 TDRL reevaluation, his informal PEB determined his conditions still failed medical retention standards but were now stable for rating purposes. He was assigned a combined military disability rating of 80% and recommended for permanently disability retirement. Typed in Block 10 of the DA Form 199 is “Not applicable” because combat determinations do not change once the administrative determination has been made and awarded. For this same reason, the discharge orders published by USAPDA which took the applicant from temporarily retired to permanently retired for physical disability state “not applicable” for the combat related items on these orders. The Board determined an amendment to his permanent retirement orders is not necessary. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, U.S. Code, 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. Department of Defense Instruction (DODI) 1332.38 (Physical Disability Evaluation), paragraph E3.P5.2.2 (Combat-Related), covers those injuries and diseases attributable to the special dangers associated with armed conflict or the preparation or training for armed conflict. A physical disability shall be considered combat related if it makes the member unfit or contributes to unfitness and was incurred under any of the following circumstances: * as a direct result of armed conflict * while engaged in hazardous service * under conditions simulating war * caused by an instrumentality of war 3. DODI 1332.38, paragraph E3.P5.2.2.3 (Under Conditions Simulating War), in general, covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live-fire weapons practice, bayonet training, hand-to-hand combat training, rappelling, and negotiation of combat confidence and obstacle courses. It does not include physical training activities, such as calisthenics and jogging or formation running and supervised sports. 4. Appendix 5 (Administrative Determinations) to enclosure 3 of DODI 1332.18 (Disability Evaluation System) (DES) currently in effect, defines armed conflict and instrumentality of war as follows: a. Incurred in Combat with an Enemy of the United States: The disease or injury was incurred in the LOD in combat with an enemy of the United States. b. Armed Conflict: The disease or injury was incurred in the LOD as a direct result of armed conflict (see Glossary) in accordance with sections 3501 and 6303 of Reference (d). The fact that a Service member may have incurred a disability during a period of war, in an area of armed conflict, or while participating in combat operations is not sufficient to support this finding. There must be a definite causal relationship between the armed conflict and the resulting unfitting disability. c. Engaged in Hazardous Service: Such service includes, but is not limited to, aerial flight duty, parachute duty, demolition duty, experimental stress duty, and diving duty. d. Under Conditions Simulating War: In general, this covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, and leadership reaction courses; grenade and live fire weapons practice; bayonet training; hand-to-hand combat training; rappelling; and negotiation of combat confidence and obstacle courses. It does not include physical training activities, such as calisthenics and jogging or formation running and supervised sports. e. Caused by an Instrumentality of War: Occurrence during a period of war is not a requirement to qualify. If the disability was incurred during any period of service as a result of wounds caused by a military weapon, accidents involving a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material, the criteria are met. However, there must be a direct causal relationship between the instrumentality of war and the disability. For example, an injury resulting from a Service member falling on the deck of a ship while participating in a sports activity would not normally be considered an injury caused by an instrumentality of war (the ship) since the sports activity and not the ship caused the fall. The exception occurs if the operation of the ship caused the fall. 5. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, established the Army Physical Disability Evaluation System according to the provisions of Title 10, USC, Chapter 61, Retirement or Separation for Physical Disability, and DOD Directive 1332.18. It set forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. a. Paragraph 3-4a states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. b. Paragraph 4-24b specifies based on the final disposition of the USAPDA, the U.S. Army Human Resources Command will issue retirement orders or other disposition instructions as follows: * permanent retirement for physical disability * placement on the TDRL * separation for physical disability with severance pay * separation for physical disability without severance pay * transfer of a Soldier who has completed at least 20 qualifying years of Reserve service, and otherwise qualifies for transfer, to the Inactive Reserve on the Soldier’s request * separation for physical disability without severance pay when the disability was incurred as a result of intentional misconduct, willful neglect, or during a period of unauthorized absence * release from active duty and return to retired status of retired Soldiers serving on active duty who are found physically unfit, or * return of the Soldier to duty when he or she is determined physically fit 6. Section 1556 of Title 10, United States Code, requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007394 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1