RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 July 2007
	DOCKET NUMBER:  AR20070000547 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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 spouse of the deceased Former Service Member (FSM) requests, in effect, that her husband's discharge date be amended to 1 April 2006.

2.  The applicant states, in effect, that her husband was injured while serving in Iraq.  As a result her husband developed symptoms of Post Traumatic Stress Disorder (PTSD) and depression.  She states, in effect, because of her husband's medical condition he was held in Medical Holdover from November 2004 to December 2005.

3.  She states, in effect, that after he was released from Medical Holdover he took a dozen medications a day.  Also, while he was taking the medications for his pain and PTSD symptoms, he developed a problem with alcohol.

4.  She further states, in effect, her husband was depressed, heavily medicated, and lacking sleep.  Due to no signs of progress he was referred to a Medical Evaluation Board (MEBD) and finally to a Physical Evaluation Board (PEB).  She states, in effect, that given the circumstances of his condition she believed her husband was not capable of properly participating in the decision to separate from the Army.  

5.  She states "I am not suggesting that there was anything done wrong, but I do believe that it is entirely possible that had Glen been on fewer medications, he might have participated more fully in his treatment, and could have remained on active duty until able to return to duty."  Amending his discharge date until after his death recognizes that possibility and it would allow his 11 year old son access to a world of Army benefits he should have been entitled to.

6.  The applicant provides excerpts from her husband's medical records and pharmacy records.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show that he enlisted into the State of Washington Army National Guard on 3 November 2003.  He was ordered to active duty on
2 February 2004 in support of Operation Iraqi Freedom.  He was subsequently released from active duty on 13 January 2006 and transferred to Headquarters and Headquarters Company 81st Armor Brigade, Armory Way, Seattle, Washington.

2.  On 30 September 2005, an MEBD found that the FSM had the following medical conditions: mechanical low back pain, bilateral ankle instability, dorsal wrist ganglion on the right, chronic left wrist pain, hiatal hernia, gastroesophageal reflux disease, history of bright red blood per rectum with normal colonoscopy including normal stool cultures and biopsies in the terminal ileum and random colon, 311 DSM Axis 1-depressive disorder, 305.00 DSM Axis 1-alcohol abuse in partial remission, chronic right wrist pain, bilateral knee stress reactions, and hearing loss bilaterally.  The MEBD's report of proceedings stated that "the service member is competent to manage his/her administrative, financial and legal affairs."

3.  The FSM did not desire to continue on active duty and he agreed with the MEBD's findings and recommendation.  The FSM was referred to a PEB.

4.  On 15 December 2005, a formal PEB found that the FSM was physically unfit for duty due to chronic low back pain secondary to mechanical back strain sustained falling into an irrigation ditch while under mortar attack, Jul 04, in Iraq "(10 A/C)."  Imaging studies reported as normal, no radiculopathy, significant loss of spinal motion or muscle spasm.  Tenderness to palpation of the paraspinal muscles is reported.  Extensive profile restrictions and chronic pain are unfitting.

5.  The formal PEB further found that the FSM was physically unfit for duty due to bilateral ankle pain and instability, longstanding, aggravated by recurrent strain since mobilization prevents full function in tactical environment.  No loss of motion but imaging discloses chronic stress changes.  Rated as degenerative arthritis with radiological evidence, no loss of joint motion.  The other conditions listed as medical board diagnoses were considered by the PEB and found to be not unfitting and therefore not ratable.

6.  The PEB recommended a combined rating of 20 percent and that the FSM be separated with severance pay, if otherwise qualified.  

7.  On 13 January 2006, the FSM was released from active duty with disability and severance pay.  He had completed 1 year, 11 months, and 12 days of net active service this period that was characterized as honorable.

8.  On 25 March 2006, 73 days after his discharge, the applicant died.  The cause of death was "fentanyl toxicity" [toxic reaction of the body to the substance, possibly via allergic reaction or overdose] and the manner of death was “undetermined” as listed on the FSM’s Certificate of Death.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, in pertinent part, that for block 12b (Separation Date this Period), enter the Soldier’s transition date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her husband's discharge date be amended to  
1 April 2006.

2.  Although, the applicant states that she believed her husband may not have been capable of making a proper decision to separate from the Army, there is no evidence that shows her husband was incapable of making a proper decision to remain on active duty.  The evidence shows that during the formal PEB the FSM made the election not to continue on active duty and agreeing with the board’s findings and recommendation of a combined rating of 20 percent and separation with severance pay.

3.  Unfortunately, the FSM died 73 days after he was discharged.  The Board must review a case with a presumption of regularity, that what the Army did was correct.  It is up to the applicant to prove otherwise.  The documentations the applicant submitted have not overcome the presumption of regularity. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___lmd__  ____dkh_  ___jns___  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 N. Slone________
          CHAIRPERSON




INDEX

CASE ID
AR20070000547
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070707
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.