IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021962 


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, the widow of a deceased former service member (FSM), requests the cause of death as shown on the FSM's DD Form 1300 (Report of Casualty) be corrected.

2.  The applicant states the FSM was murdered on active duty.  She contends the entire investigation to include the means and methods and the evidence do not justify the cause of death.  It is all wrong and could not be further from the truth.  She indicates she needs to appeal everything because her husband is being done a complete injustice.

3.  The applicant provides:

* marriage license
* DD Form 1300

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 2 November 2000 for a period of 4 years.  He trained as a medical corpsman and remained on active duty through continuous reenlistments.  He was promoted to sergeant effective 1 September 2004.  He was deployed to Afghanistan in support of Operation Enduring Freedom.

2.  The FSM's records contain a DD Form 1300, dated 8 August 2008.  Item 1 (Report Type) of this form shows the entry "Initial."  Item 3a (Name) of this form shows the FSM's last name, first name, and middle initial.  Item 4c (Category) of this form shows the entry "Pending."  Item 4f (Circumstances) of this form shows the entry "Determination pending."

3.  The FSM's records contain a DD Form 1300, dated 5 November 2008.  Item 1 of this form shows the entry "Final."  Item 3a of this form shows the FSM's last name, first name, and middle name.  Item 4c of this form shows the entry "Self-Inflicted."  Item 4f of this form shows the entry "Self-Inflicted:  Gunshot wound of the head, per DD Form 2064 (Certificate of Death)."  Item 5 (Ethnicity) of this form shows the entry "Other."  Item 7 (Interested Persons/Remarks) of this form indicates changes were made to items 1, 2 (Date Prepared), 3a, 4c, 4f, and 7 and that this form replaces the initial report, dated 8 August 2008.

4.  The FSM's records contain a DD Form 1300, dated 9 April 2009.  Item 1 of this form shows the entry "Corrected Final."  Item 4c of this form shows the entry "Self-Inflicted."  Item 4f of this form shows the entry "Self-Inflicted:  Gunshot wound of the head, per DD Form 2064 (Certificate of Death)."  Item 5 of this form shows the entry "None."  Item 7 of this form indicates changes were made to items 1, 2, 5e, and 7 and that this form replaces the final report, dated 5 November 2008.

5.  There is no evidence of record which shows the FSM was murdered on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM was murdered on active duty.

2.  The FSM's DD Form 1300, dated 9 April 2009, shows he died on 4 August 2008 in Afghanistan from a self-inflicted gunshot wound to the head.  There is no evidence of record and the applicant has provided no evidence which shows the FSM was murdered on active duty.  Regrettably, there is insufficient evidence on which to amend the cause of death on the FSM's DD Form 1300, dated 9 April 2009.



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)                                         AR20090021962



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ABCMR Record of Proceedings (cont)                                         AR20090021962



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