RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011233


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant submits two separate DD Forms 149 (Application for
Correction of Military Record).  In an application dated 20041208, he
requests, in effect, that a $41,917.87 STRAP (Specialized Training
Assistance Program) debt be cancelled.  In an application dated 20050716
and transmitted to the Army Board for Correction of Military Records
(ABCMR) by facsimile, he modifies his earlier application by requesting
reimbursement of his medical expenses in the amount of $43,338.54.  In a
telephone conversation to an ABCMR staff member, he indicated that he
requests only reimbursement of his medical expenses, not cancellation of
his STRAP debt.

2.  The applicant states, in effect, that he hurt himself doing sit-up
exercises while on annual training (AT) in 1996.  Since then he has
incurred over $43,338.54 in medical expenses.  He adds that all of his
requests for reimbursement of his medical expenses and for incapacitation
pay have been ignored.  In conversation with ABCMR staff, the applicant
stated that his unit initiated a Medical Evaluation Board (MEB), but that
the process ceased when he was separated.

3.  The applicant provides a disarrayed mass of papers which fall into four
groups:

      a.  Service-related documents.

           (1)  DD Form 256A, Honorable Discharge Certificate, dated
           23 November 2003.

           (2)  Orders 03-296-00006, Headquarters, US Army Reserve Command,
           dated 23 October 2003, discharging the applicant effective 23
           November 2003.

           (3)  DA Form 4651-R, Request for Reserve Component Assignment or
           Attachment, dated 5 August 2003, requesting discharge from the
           USAR upon fulfillment of statutory obligation.

           (4)  DA Form 3349, Physical Profile, dated 25 September 2001,
           showing a permanent physical profile of 333111.

           (5)  Memorandum, Headquarters, 63rd Regional Support Command,
           dated 13 November 1997, approving a formal line of duty
           determination (LOD).

           (6)  Letter, 6252 US Army Hospital, dated 3 September 1997,
           discussing LOD findings.

           (7)  DA Form 2173, Statement of Medical Examination and Duty
           Status, dated 23 August 1996, determining the applicant's
           20 August 1996 injury to be in the line of duty.

           (8)  SF558, Emergency Care and Treatment Record, dated 21 August
           1996, diagnosing the applicant with cervical radiculopathy.

           (9)  Orders 141-012, Headquarters 63rd Regional Support Command,
           dated 14 May 1996, amended by Annex E, directing the applicant
           to perform AT from 18-24 August 1996.

           (10) DA Form 67-8, Officer Evaluation Report (OER), showing the
           back page of a report for the period 950803-960802.  The report
           is substandard.

           (11) DA Form 67-8 for the period 930803-940802.  This report
           shows the applicant's rank as Major.

      b.  Defense Finance and Accounting Service (DFAS) – related
documents.

           (1)  Undated letter from applicant to ABCMR concerning his debt
           to the US Government.

           (2)  DFAS letter, dated 22 October 2004, holding his debt
           collection in abeyance pending ABCMR action.

           (3)  Letter from applicant to DFAS, dated 30 September 2004, re:
            debt.

           (4)  Letter from attorney to applicant, dated 22 September 2004,
           re: representation.

           (5)  DFAS letter to applicant's attorney, dated 16 September
           2004, requesting information.

           (6)  DFAS letter, dated 30 July 2004, asking applicant for
           information in order to act on his request for remission of
           debt.

           (7)  Letter from applicant to DFAS, dated 23 June 2004,
           appealing his debt and naming his attorney.

           (8)  Letter from applicant to DFAS, dated 21 June 2004,
           appealing his debt.

           (9)  DD Form 2789, Waiver/Remission of Indebtedness Application,
           dated 12 June 2004.

           (10) DFAS Account Statement, dated 27 May 2004, showing a debt
           of $41,795.64 for STRAP overpayment.

           (11) DFAS letter, dated 27 May 2004, informing applicant of his
           debt to the US Government.

           (12) DA Form 2496, Disposition Form, dated 3 August 1987, subj:
           Certification of Participation in the US Army Specialized
           Training Assistance Program (STRAP), showing that the applicant
           signed the STRAP agreement on 3 August 1987.

           (13) STRAP Service Agreement.

      c.  Department of Veterans Affairs (DVA) – related documents.

           (1)  DVA letter to applicant, dated 21 February 2003, showing
           entitlement to $801 per month from 1 December 2002 for
           disability.

           (2)  DVA Rating Decision, dated 13 February 2003, showing a
           disability rating of 30% for migraine headache.

      d.  Numerous civilian medical-related documents from 9 February 2001
to 14 November 2003.

4.  The applicant also provides detailed billing documentation to support
medical expenses of $43,338.54.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant.

2.  The applicant was a member of the US Army Reserve (USAR) serving as a
Captain, Medical Corps, with the 6252nd US Army Hospital, Ventura,
California.  A document provided by the applicant (SF 180, Request
Pertaining to Military Records) shows that he entered USAR service on 1
July 1985; however, this information is not confirmed.  An OER for 1993-
1994 indicates that he was promoted to Major on 2 August 1993; however, all
subsequent documents – to include his discharge order and Honorable
Discharge Certificate – show his rank as Captain.

3.  The applicant performed AT from 18-24 August 1996 at Fort Lewis,
Washington.  While exercising on 20 August 1996, he hurt his neck
performing a sit-up.  He reported to the Madigan Army Medical Center (MAMC)
Emergency Room on 21 August 1996 and was diagnosed with cervical
radiculopathy, a pinched nerve in his neck.  MAMC completed a DA Form 2173
(Statement of Medical Examination and Duty Status) indicating that his
injury occurred in the line of duty.  It stated the applicant suffered from
"neck pain, numbness/tingling sensation to left hand and forearm."

4.  The applicant returned to his USAR unit.  The unit appointed an
investigating officer (IO) to conduct a line of duty investigation.  On 3
September 1997, the IO determined that the applicant's injury occurred in
the line of duty.  The report of investigation was forwarded to
Headquarters, 63rd Regional Support Command, where it was approved on 13
November 1997.  A memorandum from the Chief, Special Actions Branch, 63rd
Regional Support Command to the applicant's commander stated that if the
applicant were entitled to incapacitation pay, the unit would assist in
completing the packet.  It further stated that, if the applicant incurred
any civilian medical expenses as a direct result of the approved LOD,
appropriate documentation must be forwarded for processing.

5.  There are no other service-related documents available which detail the
applicant's medical problems.  A partial copy of the applicant's OER for
the period 950803-960802 contains the following references to his physical
conditions:  "Unexpected medical problems have unfortunately, curtailed his
participation.  At present he is unable to attend assemblies and is non-
deployable.  [Applicant] has apparently suffered a serious neck injury.
His prognosis is guarded.  Recommend a Medical Board [MEB]."  The OER
indicates that the applicant attended 24 of the 48 scheduled assemblies
during the rating period.

6.  Records submitted by the applicant show that he had civilian health
insurance through Prucare of California.  Those records and other medical
records indicate that, from 22 August 1996, the applicant sought treatment
from a variety of
sources for his complaint dealing with cervical radiculopathy.  A Microsoft
Excel spreadsheet submitted by the applicant – and presumably prepared by
the applicant – lists his share of costs at $43,338.54 from 1 June 1996
through 14 November 2003.

7.  On 5 August 2003, the applicant voluntarily requested discharge based
upon his having "Fulfilled Statutory Obligation."  On 23 October 2003,
Orders 03-296-00006, Headquarters, US Army Reserve Command, discharged the
applicant effective 23 November 2003.

8.  The applicant provides documents, dated 13 and 21 February 2003, from
the Los Angeles Regional Office, DVA, which show that he was granted a 30
percent disability rating for posttraumatic migraine headaches effective 1
November 2002 and that, effective 1 December 2002, he was entitled to
disability compensation in the amount of $801.00 per month.

9.  Army Regulation (AR) 40-400 (Patient Administration) assigns
responsibilities and provides guidance on patient administration in Army
regional medical commands (RMCs) and military treatment facilities (MTFs).
It provides, in pertinent part, that when appropriate care cannot be
provided by MTFs, care from civilian sources may be authorized where there
is no MTF, other Federal MTF, or TRICARE (the Department of Defense’s
regionally managed health care program) presence.  It states that except in
emergencies, personnel will not obtain care from civilian agencies without
obtaining prior authorization from the designated approving authority.

10.  AR 135-381 (Incapacitation of Reserve Component Soldiers) establishes
procedures and policies and implements statutory authorities regarding
medical, dental, hospitalization, and disability benefits; incapacitation
compensation; and death benefits.  It provides that RC Soldiers who incur
or aggravate an injury, illness, or disease while participating in
training, may be treated in a military medical treatment facility (MTF) or
be provided medical care elsewhere at Government expense.  However, it also
provides that only bona fide emergency care may be authorized by civilian
health care providers/facilities, and states that RC commanders may not
authorize non-emergency care by civilian health care providers/facilities.

DISCUSSION AND CONCLUSIONS:

1.  The applicant incurred an injury on 20 August 1996 while performing AT.
 The injury was investigated and determined to be in the line of duty.

2.  Army regulations authorize the applicant treatment for his injury in an
Army MTF.  When appropriate care cannot be provided by an Army MTF, care
may be obtained from other Federal MTFs, or TRICARE.  Care from civilian
sources may be authorized only where there is no MTF and only after
obtaining prior authorization from a designated approving authority.

3.  The applicant sought care from civilian health care
providers/facilities and used civilian health insurance as the primary
payer.  Although the applicant states that he made "many requests for
reimbursement [of his uncovered medical expenses]" that were ignored, he
provides no proof that:

      a.  treatment in an MTF was not available.

      b.  he obtained authorization from his designated approving authority
to receive care by a civilian health care provider/facility.

      c.  he even submitted bills for reimbursement and was denied the
same.

4.  The applicant's receipt of DVA disability compensation in February
2003, effective from November/December 2002, appears highly irregular.
According to the 2005 edition of the DVA Federal Benefits for Veterans and
Dependents, "disability compensation is a monetary benefit paid to veterans
who are disabled by injury or disease incurred or aggravated during active
military service.  To qualify, the service member must have been terminated
through separation or discharge [emphasis added] under conditions other
than dishonorable."  The applicant was not honorably discharged until 23
November 2003, which means his discharge occurred after his DVA disability
compensation was approved and became effective.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __ena___  __cak___  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.



                                        John Slone
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011233                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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