RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060010920 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. John Meixell

Member

Mr. Roland Venable

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, as the widow of a deceased former service member (FSM), requests, in effect, that the records of the FSM be corrected to show he was not discharged by reason of physical disability with severance pay but was retained on active duty. 

2.  The applicant states, in effect, that the FSM was prematurely discharged from the Army and that his death was service connected.  She contends that the FSM did not receive any treatment for mental health [problems] or depression, that he attempted suicide before he was discharged, that he was given mass quantities of narcotics, that he was unsupervised, and that the military allowed him to take his life.  

3.  The applicant provides the FSM’s death certificate; a medication profile; two medical records; a letter, dated 26 June 2006, from the Department of Veterans Affairs (DVA); a DVA Rating Decision, dated 17 April 2006; and a copy of the FSM’s DD Form 214 (Certificate of Release or Discharge from Active Duty).  

CONSIDERATION OF EVIDENCE:

1.  The FSM was ordered to active duty on 30 January 2003 in support of Operation Enduring Freedom.  He did not serve in an imminent danger pay area. He served as an observation/scout helicopter repairer.     

2.  On 18 April 2005, a Medical Evaluation Board (MEB) diagnosed the FSM with chronic right shoulder pain and chronic back pain with degenerative disk disease which met retention standards.  The MEB recommended referral to a Physical Evaluation Board (PEB).  On 9 May 2005, the FSM agreed with the findings and recommendations.  

3.  On 12 May 2005, an informal PEB found the FSM physically unfit due to chronic right shoulder pain with limited joint motion following a distal clavicular fracture (October 2003), requiring open reduction with internal fixation (February 2004) because of non-union.  The disability description also stated that subsequent hardware removal, September 2004, did not improve pain symptoms; there is no shoulder instability; extensive profile restrictions and restricted shoulder motion (with pain) prevent full duty function; and rated as analogous to degenerative arthritis with loss of joint motion.  The chronic back pain with degenerative disk disease was considered by the PEB and found to be not unfitting and therefore not ratable.  The PEB recommended a combined rating of 10 percent and that the FSM be separated with severance pay.  

4.  The applicant provided a medical record, dated 21 May 2005, which shows the FSM was hospitalized and diagnosed with alcohol intoxication, chronic alcoholism/abuse, suicide attempt, and chronic back, knee, and shoulder pain.  This medical record states that overnight he did well and that he was evaluated by psychiatry and was determined to be stable [enough] to be taken off of one-on-one observation.  It also states that he was given instructions to follow up with the Army Substance Abuse Program and mental health, that options and resources were discussed with him in depth, and that he was discharged to home under the close observation of his wife.   

5.  On 23 May 2005, the FSM concurred with the PEB findings and recommendations and waived a formal hearing.

6.  A DA Form 5893-R (PEBLO [Physical Evaluation Board Liaison Officer] Counseling Checklist/Statement), dated 23 May 2005, shows the FSM was counseled and advised to file a claim with the VA during outprocessing at the Transition Point.  He was also assisted in arranging contact with the VA and Social Security Administration.

7.  On 6 June 2005, the FSM was honorably discharged by reason of physical disability with severance pay.

8.  The FSM died on 24 November 2005 as the result of a self-inflicted shotgun wound of the head.
  
9.  The applicant provided a DVA Rating Decision, dated 17 April 2006, which states that service connection for the cause of the FSM’s death was granted.  This rating decision also states that the FSM’s suicide attempt on 21 May 2005 was reported due to excess financial obligations. 

10.  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.  Paragraph 3-6 of this regulation states that providing definitive medical care to active duty Soldiers requiring prolonged hospitalization who are unlikely to return to active duty is not within the Department of the Army mission.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that the FSM did not receive any treatment for mental health or depression, evidence of record shows that he was counseled and advised to file a claim with the VA during outprocessing at the Transition Point.  He was also assisted in arranging contact with the VA.  In addition, the governing regulation states that providing definitive medical care to active duty Soldiers requiring prolonged hospitalization who are unlikely to return to active duty is not within the Department of the Army mission.

2.  The PEB found the FSM physically unfit due to chronic right shoulder pain on 12 May 2005 and recommended that he be separated with severance pay.  

3.  It is noted that the FSM was hospitalized on 21 May 2005 for suicide attempt and alcohol intoxication.  However, the medical report provided by the applicant shows that the psychiatrist found the FSM to be stable, that he did well overnight, and that his options and resources were discussed at length.

4.  On 23 May 2005, the FSM concurred with the PEB findings and recommendations, waived a formal hearing, and was counseled this date on contacting the DVA.  He was discharged on 6 June 2005.  Almost six months later he committed suicide.      

5.  There is no evidence of record which shows the FSM was eligible for retention on active duty.  Regrettably, there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

LS_____  __JM____  __RV____  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.



___Linda Simmons______
          CHAIRPERSON




INDEX

CASE ID
AR20060010920
SUFFIX

RECON

DATE BOARDED
20070322
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
113.000
2.

3.

4.

5.

6.