MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002075461

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

Mr. Carl W. S. Chun		Director
Ms. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Gail J. Wire		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: That her spouse, currently a service member (SM) in the Army National Guard but medically incompetent, be returned to active duty and then permanently retired by reason of physical disability.

APPLICANT STATES: In effect, that her spouse was diagnosed with acute myelogenous leukemia (AML) on 19 June 2002, four days after he separated. Their immediate concern is the significant medical cost involved. The SM’s Certificate of Release or Discharge from Active Duty, DD Form 214; his laboratory workup from his separation physical; his civilian medical records from 26 June – 8 July 2002; and a 3 July 2002 letter from his doctor are provided as supporting evidence.

EVIDENCE OF RECORD: The SM's military records show:

He enlisted in the Regular Army on 16 June 2000 for 2 years. He completed basic training and advanced individual training and was awarded military occupational specialty 12C (Bridge Crewmember).

Apparently the SM completed his separation physical in early April 2002. Laboratory work done on 2 April 2002 indicated that all his laboratory work was normal except for his very low density lipo-protein (VLDL) reading (slightly low at 23 with a normal range of 25- 30) and his mean corpuscular hemoglobin (MCH) (slightly high at 32.9 with a normal range of 27 – 31). His white blood count was normal at 5.7 (normal range of 4.5 – 11.5); his red blood count was normal at 5.02 (normal range 4.7 – 6.1), and his platelet count was normal at 277 (normal range 130 – 400).

The SM departed on transition leave on 25 May 2002. He was released from active duty on 15 June 2002 upon completing his required active service. He immediately enlisted in the Army National Guard.

It appears from the provided civilian medical documentation that the SM had a hemorrhoidectomy on or about 24 June 2002. He ran a fever but had no immediate post-operative complications but subsequently developed chills, fatigue, and swollen eyes with a continued fever and gasping for air. He was hospitalized with respiratory failure and an elevated white blood cell count of around 300,000, highly suspicious of leukemia. He was transferred to the Cleveland Clinic Foundation intensive care unit on 26 June 2002. It appears from the provided civilian medical documentation that the diagnosis of AML was made on 27 (not 19) June 2002.

The 3 July 2002 letter from the SM’s doctor states that the SM’s symptoms of this leukemia dated back to the end of May 2002 when he had what sounds like a febrile illness and also some diffusely enlarged lymph nodes. The doctor stated that May 2002 was when his leukemia became clearly evident but it is likely the leukemia developed over a period of 6 – 12 months.

The National Institutes for Health defines AML as a malignancy of blood-forming tissues characterized by the proliferation of immature white blood cells (www.nlm.nih.gov/medlineplus/ency/article/000542.htm). AML may occur at any age but it primarily occurs in adults and in children below 1 year old. Most cases seem to have no apparent cause. However, radiation, some toxins such as benzene, and some chemotherapy agents are thought to cause leukemia. Abnormalities in chromosomes may also play a role in the development of acute leukemia. A physical examination may show evidence of anemia, pallor, and bleeding. Less commonly, an enlarged spleen and liver or enlarged lymph nodes may be found. A white blood count can be high, low, or normal. A complete blood count test shows anemia and low platelet count. The objective of treatment is to eliminate the malignant cells with chemotherapy. After remission is achieved, further treatment is known as consolidation and is necessary in order to cure patients.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. It states that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the soldier reasonably may be expected to perform because of his or her office, grade, or rank. It states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.

The mission of the Veterans Benefits Administration is to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation. The Department of Veterans Affairs (VA) indicated that if a veteran is found to have a service-connected disability rated at least 50 percent, he or she would be eligible for free medical care in a VA facility.

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. It was extremely unfortunate timing of the SM’s disease that it did not manifest itself until after he separated from active duty. However, disability compensation is provided to soldiers whose service is interrupted and they cannot continue to reasonably perform because of a physical disability incurred or aggravated in service. The SM completed his separation physical sometime in April 2002. Laboratory work at that time did not indicate any significant problems that would have led one to suspect he had leukemia (it is acknowledged that he had an acute, rather than a chronic, form of the disease). It is acknowledged that his disease may have developed earlier than 15 June 2002, when he separated; however, there is no evidence to show that his performance of duty was hindered due to the disease.

2. While not the applicant’s solution of choice, the VA might make an independent decision granting service-connection for the SM’s condition, considering the time frame involved between date of separation and date of diagnosis, in which case they would most likely provide free medical treatment for the SM.

3. Regrettably, 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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___JLP__ __HOF__ __GJW__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002075461
SUFFIX
RECON
DATE BOARDED	2002/07/23
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.