IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130017932 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that a DD Form 261 (Report of Investigation - Line of Duty (LD) and Misconduct Status) be placed in the restricted portion of his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) or be removed from his AMHRR.  

2.  He states the LD investigation reviewed the facts regarding his attempted suicide on 5 June 2012, which was found to be in LD.  He asks that it be moved or removed because he does not want anyone reviewing his personnel folder to know that, at the weakest point in his life, he tried to end it in the privacy of his home.  He sought mental and medical help immediately after, as he was told to do if he felt depressed.  Now he is told proof of it must remain in his permanent record.  Service members will not seek help when they attempt suicide if they know it will be documented in their AMHRR and be available to be seen by anyone with access to personnel records.  This is sensitive medical information that should not be available in personnel records.

3.  He provides:

* DD Form 261
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* memorandum, subject:  Legal Review – LD Investigation, [Applicant]
* e-mail
* form entitled "CAP Data Sheet"
* flyer from the Army Counterintelligence Office - Hawaii
* untitled roster
* DA Form 31 (Request and Authority for Leave)
* permanent order
* list of documents in his AMHRR

CONSIDERATION OF EVIDENCE:

1.  On 14 May 2003, the applicant enlisted in the Regular Army.  He has continued his service through reenlistments and an extension, and he is currently serving in the Regular Army as a staff sergeant/E-6 in military occupational specialty 35L (Counterintelligence Agent).  

2.  The service portion of his AMHRR contains:

	a.  a DA Form 2173, dated 12 December 2012, showing, in part – 

* on 5 June 2012, he was admitted to Tripler Army Medical Center for overnight observation following a suicide attempt
* his injury was due to depressive disorder
* a formal LD investigation was required
* the injury was considered to have been incurred in LD

	b.  a memorandum, subject:  Legal Review – LD Investigation, [Applicant], dated 31 January 2013, from a Command Judge Advocate showing an LD investigation regarding the incident on 5 June 2012 was found to be legally sufficient; and

	c.  a DD Form 261, dated 31 January 2013, showing:

* the applicant incurred a self-inflicted injury on 5 June 2012
* his medical diagnosis was significant depression, anxiety disorder not otherwise specified, and dependent personality traits
* neither intentional misconduct nor neglect were the proximate cause of his injury
* he was not mentally sound at the time of the injury
* the injury was in LD
* the findings were approved by authority of the Secretary of the Army by Major General S------ G. F------

3.  Army Regulation 600-8-4 (LD Policy, Procedures, and Investigations) prescribes policies and procedures for investigating the circumstances of disease, injury, or death of a Soldier.  It provides standards and considerations used in determining LD status.

	a.  Paragraph 2-1 states LD determinations are essential for protecting the interests of both the individual concerned and the U.S. Government where service is interrupted by injury, disease, or death.  Soldiers who are on active duty (AD) for a period of more than 30 days will not lose their entitlement to medical and dental care, even if the injury or disease is found to have been incurred not in LD and/or because of the Soldier’s intentional misconduct or willful negligence.  A person who becomes a casualty because of his or her intentional misconduct or willful negligence can never be said to be injured, diseased, or deceased in LD.  Such a person stands to lose substantial benefits as a consequence of his or her actions; therefore, it is critical that the decision to categorize injury, disease, or death as not in LD only be made after following the deliberate, ordered procedures described in this regulation.

	b.  Paragraph 2-3c states a formal LD investigation must be conducted in cases of self-inflicted injuries or possible suicide.

	c.  Paragraph 2-5 states a formal LD investigation is a detailed investigation that normally begins with a DA Form 2173 completed by the medical treatment facility and annotated by the unit commander as requiring a formal LD investigation.  The appointing authority, on receipt of the DA Form 2173, appoints an investigating officer who completes a DD Form 261 and appends appropriate statements and other documentation to support the determination, which is submitted to the general court-martial convening authority for approval.

	d.  Chapter 3, Section II, provides the procedures for formal LD investigations.  It states, in part, that upon making a determination, the final approval authority will retain one copy and send the original to the custodian of the individual's AMHRR.  

4.  Army Regulation 600-8-104 (Military Personnel (MILPER) Information Management/Records) prescribes the policies and mandated operating tasks for the MILPER Information Management/Records Program of the MILPER System.  It establishes principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  It states that once placed in the AMHRR, a document becomes a permanent part of that file.  The document will not be removed from the AMHRR or moved to another part of the AMHRR unless directed by competent authority.  

5.  Army Regulation 600-8-104 also states that records contained in the AMHRR contain protected information and will only be made available to authorized and verified personnel, as required, in the performance of official business.

6.  The Army Soldier Records Branch, U.S. Army Human Resources Command, maintains a list of documents required to be filed in the AMHRR.  Documents that will be filed in the service portion of the AMHRR include:

* DA Form 2173 with accompanying memorandum for injuries found to be in LD
* DD Form 261 and accompanying memorandum for injuries found to be in LD

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for transfer of a DD Form 261 to the restricted portion of his AMHRR.  

2.  The DD Form 261 and associated documents were prepared and filed in compliance with the applicable regulations.  His desire to have the documentation of his LD investigation remain private is understandable; however, information contained in the AMHRR is only available to authorized personnel when the information is required to conduct official business.  There is no reason to believe the information on the DD Form 261 will be used in any unauthorized manner.  

3.  Further, the DD Form 261 is an important historical document that protects the applicant's interests as well as the U.S. Government's interests.  There is a reluctance to remove or restrict access to such a document in the absence of evidence showing a material error or injustice.

4.  In view of the foregoing, there is an insufficient basis upon which to grant the requested relief.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  X ______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20130017932





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ABCMR Record of Proceedings (cont)                                         AR20130017932



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