| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That the DD Form 1300 (Report of Casualty) completed on her husband, a deceased former service member (FSM), be corrected in Block 8 (Duty Status) to indicate that the FSM was on active duty
APPLICANT STATES: In effect, that she and her children have been denied dependency and indemnity compensation (DIC) by the Department of Veterans Affairs (VA) because the FSM’s DD Form 1300 indicates in Block 8 that her husband was “NOT IN A DUTY STATUS.”
COUNSEL CONTENDS: That the applicant has limited resources and is being deprived of DIC payments by the PRARNG’s erroneous determination of the FSM’s duty status.
EVIDENCE OF RECORD: The FSM’s military records show:
He was a member of the Puerto Rico Army National Guard (PRARNG), serving as a Specialist Four (SP4/E-4) in the 770th Military Police Company, Aguadilla, Puerto Rico. During the period 6-21 July 1975, the FSM reported with his unit to Camp Salinas, Ponce, Puerto Rico, for 15 days of active duty for training (ADT). On 14 July 1975, he became ill and reported to sick call complaining of severe pain in his left flank. He was given demoral and atropine and transferred to the VA Hospital, San Juan, Puerto Rico, where he was diagnosed with renal colic.
The FSM did not return to his unit, but remained instead as a patient in the VA Hospital. The unit concluded its ADT on 21 July 1975 and returned to its home base of Aguadilla; the FSM was still a patient in the VA Hospital. On 12 August 1975, the FSM died of cardiac arrest. No line of duty determination was made.
On 7 October 1975, a DD Form 1300 was completed. In Block 8 (Duty Status), the report stated “NOT IN A DUTY STATUS.” Subsequently, the applicant applied to the VA for DIC payments for herself and her children. The VA denied her claim.
On 3 September 1998, the applicant, through counsel, wrote to the Adjutant General of Puerto Rico. She asked for three items: (1) a line of duty investigation; (2) an NGB Form 22 (Report of Separation); and (3) verification that the FSM had been extended on ADT during the period 22 July 1975 through 12 August 1975. On 20 December 1999, The Adjutant General’s Office responded to the applicant’s letter. The response stated that a line of duty investigation should have been conducted per National Guard Regulation (NGR) 600-3, page 2, paragraph 5a, and directed the Directorate of Personnel, PRARNG to conduct one. It further stated that the FSM should have been extended on ADT by unit orders, but that such orders could not be located almost 25 years later. Finally, The Adjutant General’s Office stated that NGB Form 22 is only used for soldiers being discharged and is not issued when a soldier dies.
Army Regulation 135-200 (Active Duty for Training and Annual Training of Individual Members) prescribes policies and procedures on specific types and periods of training for Reserve Component soldiers. It states, in pertinent part, that the orders of a member on ADT for 30 days or less will not be amended to extend the training period when that member is hospitalized when the ADT ends. It only provides for the retention of the member, with his or her consent, in a patient status beyond the termination date of the ADT orders. It does, however, provide for the payment of basic pay and allowances during such time as the member is hospitalized, but not for more than 6 months after the end of the period of ADT.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The FSM was hospitalized for an illness while serving on ADT. When the period of ADT concluded, he remained in the hospital in a patient status. He died 22 days later. A DD Form 1300 was eventually completed which listed the FSM as “NOT IN A DUTY STATUS” at the time of his death.
2. In order to be carried in a duty status, the FSM’s ADT tour would have had to have been extended from 21 July 1975 through the date of his death on 12 August 1975. In accordance with AR 135-200, hospitalized soldiers on ADT for 30 days or less may not have their ADT tours extended. The response from The Adjutant General’s Office, PRARNG, erroneously stated the opposite.
3. The FSM should have been retained in a patient status from 22 July 1975 through 12 August 1975 which would have entitled him to basic pay and allowances for the period.
4. Following the FSM’s death, his unit should have conducted a line of duty investigation.
5. Eligibility for veteran's benefits does not fall within the purview of this Board. The Department of Veterans Affairs, under criteria and rules established by that agency, administers DIC payments.
6. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
7. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The National Guard Bureau should urge the PRARNG to complete the line of duty investigation into the FSM’s death as expeditiously as possible.
BOARD VOTE:
________ __RKS__ ____CLG GRANT
________ ________ ________ GRANT FORMAL HEARING
__WTM__ ________ ________ DENY APPLICATION
| CASE ID | AR2001059913 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020402 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | DASA |
| ISSUES 1. | 100.0000 |
| 2. | 122.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140020079
Title 10, USC, Chapter 73, Section 1448d, provides for an optional annuity for dependent children of members who died on active duty after 7 October 2001, and for whom there is a surviving spouse eligible for an annuity. The applicant, the spouse of a deceased FSM, requests SBP benefits for the FSM's children. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by: * showing the applicant completed and returned a DD Form 2656-6...
ARMY | BCMR | CY2009 | 20090019265
Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations) prescribes policies and procedures for investigating the circumstances of disease, injury, or death of a soldier. Hostile Casualty a person who is the victim of a terrorist activity or who becomes a casualty "in action." His death was described as resulting from nonhostile causes because it was not the "direct result of hostile action, sustained in combat."
ARMY | BCMR | CY2013 | 20130019892
The applicant requests, in effect, correction of his records to show he has 20 years of creditable service for retirement. The applicant provides copies of: * his history of events while in the ARNG, dated 21 October 2013 * a 21 October 2010 Army Review Boards Agency letter * a 2 July 2013 Connecticut National Guard letter * 22 August 2013 congressional correspondence * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 26 November 1973 * National Guard...
ARMY | BCMR | CY2014 | 20140021618
On 5 June 1979, while serving with the PRARNG he received a DD Form 689 (Individual Sick Slip) for pain on his right hand that he claims he received while on active duty for training. The applicant claims that the DA Form 2173 dated 3 June 1979 was falsified. Additionally, there is no evidence that he was unfit for duty when he was on ADT or that he was unable to perform his MOS was he was discharged from the PRARNG.
ARMY | BCMR | CY2009 | 20090009514
The applicant requests that the records of her spouse, a deceased former service member (FSM), be corrected to show that he died on active duty and not while on the Temporary Disability Retired List (TDRL). On 5 January 2002, according to documents contained in medical records submitted by the applicant, the FSM collapsed while on maneuvers and he was transported to Irwin Army Community Hospital at Fort Riley, KS. While there was no way that Army officials could have known about the...
ARMY | BCMR | CY2008 | 20080005338
The applicant requests that the records of her husband, a former service member (FSM), be corrected to show that he was not retired, but on active duty at the time of his death, thereby entitling her to: a. receive $150,000 in additional Servicemembers' Group Life Insurance (SGLI); b. receive extended TRICARE Prime health care eligibility at the active duty rate, for three years, at no cost for dependents of Soldiers who die on active duty; and c. receive reimbursement for the unused days of...
ARMY | BCMR | CY2010 | 20100011923
Application for correction of military records (with supporting documents provided, if any). The applicant, the widow of the deceased former service member (FSM), requests correction of the FSM's military records to show his death was "in the line of duty." There is no available evidence showing that the FSM's frame of mind at the time of his suicide was directly related to PTSD resulting from his previous duty in Bosnia and/or Iraq, or from any other mental disorder which prevented him...
ARMY | BCMR | CY2007 | 20070007061
The opinion enclosed DA Forms 3349s dated 11 June 2006 and 11 December 2006, showing the applicant was on a physical profile during these periods and was unable to perform his military duties and responsibilities. The advisory opinion also stated that Army Regulation 135-381, paragraph 1-8 provides that a member who is unable to perform military duties because of incapacitation is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned...
ARMY | BCMR | CY2012 | 20120002754
The applicant contends the FSM's records should be corrected to show he was on active duty at the time of death and as a result reinstatement of the SBP annuity for the FSM's two children. The evidence of record shows: a. a Transcript of Military Record shows the FSM "Died on Active Duty" on 21 February 2010; and b. an informal LODI, formal LODI, initial Report of Casualty, and final Report of Casualty all show the FSM was in an "Inactive (emphasis added) Duty Training" status at the time...
ARMY | BCMR | CY2008 | 20080005352
The applicant requests, in effect, that the records of her deceased husband, a former service member (FSM), be corrected to show that he was not retired but was on active duty at the time of his death, thereby entitling her to receive $150,000 in additional Servicemembers' Group Life Insurance (SGLI). The applicant also states that there was no need to medically retire her husband under the Imminent Death Policy on 7 December 2003 because the law was changed two years earlier, with an...