PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2001065026


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Regan K. Smith		Member
Mr. John P. Infante		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, reconsideration of her earlier appeal to correct the records of her deceased husband, a former service member (FSM), to show that he was on authorized leave of absence and serving honorably on or about 29 October 1998 until his death on 19 December 1998, so that she might receive pay and benefits, and Serviceman’s Group Life Insurance (SGLI) benefits.

3. The applicant defers to counsel. Counsel states, in effect, that the applicant's husband, the FSM, was mentally ill or disabled and not responsible for his absence without leave (AWOL). He should have been medically discharged from the Army, placed on profile prior to the time that he went AWOL, or he should have been given medical or other appropriate leave for the period of 20 October through 19 December 1998.

4. Incorporated herein by reference are military records that were summarized in a memorandum prepared to reflect the Board's previous consideration of the case AR1999031735, on 24 May 2000.

5. The applicant’s contentions are new arguments that require Board consideration. The applicant provides a copy of new evidence not previously seen by the Board, a Memorandum, Department of the Army, Madigan Army Medical Center (MAMC), Tacoma, Washington, dated 18 February 1999, subject: Psychological Autopsy (FSM’s name and Social Security Number). A Medical Corps major, staff psychiatrist wrote the memorandum. It was prepared after the FSM’s death based on medical records, and interviews with the FSM’s wife (the applicant in this case) and his chain of command.

6. The psychological autopsy states that the FSM had been admitted to MAMC on 27 September 1998 for suicidal ideation. The MAMC records state, "Self referred to ED (emergency department) last PM (post meridian). S/P (status post) CO (carbon monoxide) poisoning. Arguing with wife. PT (patient) states he had been doing OK until 2-3 months ago when wife told him she was unhappy in their marriage. PT has been angry, trying to control wife, make her go to marital TX (treatment), etc. …PT got room in barracks because their yelling had been escalating. PT went back to try to work things out, but got nowhere. He went to the garage and turned car on in a closed garage. PT is very vague about his specific intent. He states he had SI (suicidal ideation) but was not serious about it, rather was using it as a way to manipulate his wife. …denies any prev hx (previous history) of psych probs (psychological problems)." At his discharge from the hospital on 28 September 1998, it was the attending psychiatrist’s opinion that the event had been an attempt by the FSM to manipulate his wife (the applicant).



7. The FSM was seen in the mental health clinic on 14 October 1998 for, “having marriage problems due to me wanting to be in the marriage more since I am starting to prepare to get out of the Army.” His mental status exam at that time was unremarkable. He also attended a wellness clinic on 15 October 1998. He and the applicant also received marriage counseling from the battalion chaplain on 29 September, 13 October, and 20 October 1998. The psychiatrist stated that the FSM’s later suicide appeared to be impulsive, an impulse at the moment, as differentiated from premeditated.

8. The psychological autopsy concluded: 1) that the FSM’s suicide resulted from many factors to include significant psychiatric illness, loss of social support, and desertion; 2) the FSM’s psychiatric illness was not diagnosable at the time of his initial presentation to Mental Health; 3) it is likely that his desertion resulted from factors related to his illness; 4) the illness started before his going AWOL.

9. The applicant was notified of the FSM’s AWOL status by a letter from the FSM’s commander to the applicant, dated 23 November 1998. The letter was addressed to the same address in Lakewood, Washington, (within a few miles from Fort Lewis where the FSM was stationed) where the applicant and the FSM lived and where he committed suicide. The letter asked the applicant (the FSM’s wife) to report the FSM’s whereabouts to the unit commander. It also informed her that if the FSM did not turn himself in or was apprehended after 30 days from his going AWOL, he would be classified a deserter and lose all benefits and entitlements. The letter offered assistance and asked her to call the commander, providing the telephone number.

10. The applicant, in her statement to the Board in the original case, stated that she lived with the FSM continuously until his suicide. She stated that the FSM was at their home starting 30 October 1998, that he sat around the house a lot, secluding himself with the internet, engaged her in long conversations, refused to seek employment, and that she persuaded him to take a job in construction which he stayed at for two days. She stated that he was not sleeping, had lost appetite and weight, was not himself, and was acting bizarre and irrational. She stated that she kept telling him that he needed to get help but he refused. She stated to the psychiatrist who prepared the psychological autopsy that she had arranged with the county sheriff’s office to come to the house and take the FSM into custody for desertion.

11. By letter dated 1 December 1998, addressed to the applicant’s home address in Lakewood, Washington, the applicant was again notified by the FSM’s commander that the FSM was dropped from the rolls as of 28 November 1998 and considered a deserter. The letter informed the applicant that he had lost all benefits and entitlements. The applicant was again asked to notify Federal authorities if she knew his whereabouts.

12. On 22 December 1998, after review of the facts in the case, the Commander, U. S. Army Enlisted Records Center, Indianapolis, Indiana, determined that the FSM’s military status was desertion from 20 October 1998 until his death on 19 December 1998. Based on this status, the applicant was denied pay and benefits beyond 28 October 1998, and denied SGLI benefits.

13. Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

14. The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1. On his discharge from MAMC on 28 September 1998, the FSM was diagnosed with, “adjustment disorder with mixed emotional features.” The FSM admitted that his suicide ideation, on 27 September 1998, was an attempt to manipulate his wife. At his 14 October 1998 mental health clinic mental status exam, he appeared quite normal. He attended a wellness clinic on 15 October 1998, and attended marriage counseling on 29 September, 13 October, and 20 October 1998, with trained counselors and psychiatric medical personnel noting no mental illness or ideation that would result in his future desertion or suicide. The military had no basis at the time to place him on profile, give him medical leave, or consider him for medical discharge.

2. A psychological autopsy was completed 2 months after the FSM's death. The psychological autopsy conclusion is stated as being provisional (not conclusive), drawn from interviews with the FSM's spouse, chain of command, and records. It is given as a “likely” opinion that his desertion resulted from his illness. There is no conclusive evidence that the FSM’s illness was directly responsible for his AWOL or desertion.

3. However, since the psychological autopsy's provisional diagnosis suggests that there was a possibility that the FSM's mental condition may have led to his AWOL, desertion, and ultimate suicide, as a matter of compassion and as an exception to policy, the record should be corrected to show that the FSM was on excess leave on 19 December 1998, that his Servicemembers' Group Life Insurance was in force on that date, and that Servicemembers' Group Life Insurance and death gratuity payments be made to his designated beneficiaries. This does not change the FSM's status prior to 19 December 1998, nor authorize any additional active duty pay and allowances.

4. In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the FSM concerned be corrected as a matter of compassion and an exception to policy by:

         a. showing that the FSM was in an excess leave duty status on 19 December 1998;

         b. showing that his Servicemembers' Group Life Insurance was in effect on 19 December 1998 and making Servicemembers' Group Life Insurance payment to his designated beneficiaries according to his SGLV Form 8286, Servicemembers' Group Life Insurance Election and Certificate; and

         c. providing death gratuity payment to his designated beneficiaries according to his DD Form 93-E, Record of Emergency Data.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__ao___ __rs____ __ji____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065026
SUFFIX
RECON
DATE BOARDED	20021114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.