Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090021962
Original file (20090021962.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021962 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the widow of a deceased former service member (FSM), requests the cause of death as shown on the FSM's DD Form 1300 (Report of Casualty) be corrected.

2.  The applicant states the FSM was murdered on active duty.  She contends the entire investigation to include the means and methods and the evidence do not justify the cause of death.  It is all wrong and could not be further from the truth.  She indicates she needs to appeal everything because her husband is being done a complete injustice.

3.  The applicant provides:

* marriage license
* DD Form 1300

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 2 November 2000 for a period of 4 years.  He trained as a medical corpsman and remained on active duty through continuous reenlistments.  He was promoted to sergeant effective 1 September 2004.  He was deployed to Afghanistan in support of Operation Enduring Freedom.

2.  The FSM's records contain a DD Form 1300, dated 8 August 2008.  Item 1 (Report Type) of this form shows the entry "Initial."  Item 3a (Name) of this form shows the FSM's last name, first name, and middle initial.  Item 4c (Category) of this form shows the entry "Pending."  Item 4f (Circumstances) of this form shows the entry "Determination pending."

3.  The FSM's records contain a DD Form 1300, dated 5 November 2008.  Item 1 of this form shows the entry "Final."  Item 3a of this form shows the FSM's last name, first name, and middle name.  Item 4c of this form shows the entry "Self-Inflicted."  Item 4f of this form shows the entry "Self-Inflicted:  Gunshot wound of the head, per DD Form 2064 (Certificate of Death)."  Item 5 (Ethnicity) of this form shows the entry "Other."  Item 7 (Interested Persons/Remarks) of this form indicates changes were made to items 1, 2 (Date Prepared), 3a, 4c, 4f, and 7 and that this form replaces the initial report, dated 8 August 2008.

4.  The FSM's records contain a DD Form 1300, dated 9 April 2009.  Item 1 of this form shows the entry "Corrected Final."  Item 4c of this form shows the entry "Self-Inflicted."  Item 4f of this form shows the entry "Self-Inflicted:  Gunshot wound of the head, per DD Form 2064 (Certificate of Death)."  Item 5 of this form shows the entry "None."  Item 7 of this form indicates changes were made to items 1, 2, 5e, and 7 and that this form replaces the final report, dated 5 November 2008.

5.  There is no evidence of record which shows the FSM was murdered on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM was murdered on active duty.

2.  The FSM's DD Form 1300, dated 9 April 2009, shows he died on 4 August 2008 in Afghanistan from a self-inflicted gunshot wound to the head.  There is no evidence of record and the applicant has provided no evidence which shows the FSM was murdered on active duty.  Regrettably, there is insufficient evidence on which to amend the cause of death on the FSM's DD Form 1300, dated 9 April 2009.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x_____  ___x_____  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.



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090021962



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021962



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090019265

    Original file (20090019265.txt) Auto-classification: Denied

    Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations) prescribes policies and procedures for investigating the circumstances of disease, injury, or death of a soldier. Hostile Casualty – a person who is the victim of a terrorist activity or who becomes a casualty "in action." His death was described as resulting from nonhostile causes because it was not the "direct result of hostile action, sustained in combat."

  • ARMY | BCMR | CY2010 | 20100011923

    Original file (20100011923.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant, the widow of the deceased former service member (FSM), requests correction of the FSM's military records to show his death was "in the line of duty." There is no available evidence showing that the FSM's frame of mind at the time of his suicide was directly related to PTSD resulting from his previous duty in Bosnia and/or Iraq, or from any other mental disorder which prevented him...

  • ARMY | BCMR | CY2015 | 20150004057

    Original file (20150004057.txt) Auto-classification: Denied

    The official record shows he took his own life, yet statements indicate that was not the case. d. The applicant has a "true copy" of a letter the FSM left behind. The applicant provides – * DA Form 10-249 (Certificate of Death (Overseas)), dated 28 March 1966 * Letter from FSM's commander, dated 28 March 1966 * Orders appointing an Investigation Officer (IO), dated 28 March 1966 * Memorandum for record from the IO concerning a criminal investigation * Clinical Record, dated 28 March 1966 *...

  • ARMY | BCMR | CY2013 | 20130005206

    Original file (20130005206.txt) Auto-classification: Denied

    The applicant requests the DD Form 1300 (Report of Casualty) of his deceased brother, a former service member (FSM), be corrected to show his death was not "accidental - self-inflicted gunshot wound." The IO conducted an investigation and interviewed: * Staff Sergeant (SSG) W-----m E. C---g, the Company Duty Noncommissioned Officer, on 19 December 1970 * Specialist Five (SP5) S----n M. B-----t, the Company Charge of Quarters, on 21 December 1970 * SP4 G-----y C. C------k, the Orderly Room...

  • AF | BCMR | CY2003 | BC-2002-03142

    Original file (BC-2002-03142.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW indicated that based on a thorough review of the former servicemember's personnel records, there did not appear to be any reason to change the cause of death on the DD Form 1300, Report of Casualty. A complete copy of the Medical Consultant's evaluation, with attachment, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • ARMY | BCMR | CY2014 | 20140017278

    Original file (20140017278.txt) Auto-classification: Denied

    There is no available evidence that indicates the FSM's death resulted from hostile actions perpetrated by an enemy of the United States. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the armed services, has been wounded or killed or who has died or may hereafter die after being wounded: a. in any action against an enemy of the United States; b. in any action with an...

  • ARMY | BCMR | CY2009 | 20090001737

    Original file (20090001737.txt) Auto-classification: Denied

    The applicant requests that the records of her deceased husband, a former service member (FSM), be corrected to show the type of death as hostile instead of non-hostile. The evidence of record shows that the FSM became a casualty due to circumstances not directly attributable to hostile action or terrorist activity. There is no evidence that the helicopter crash was a result of hostile action.

  • ARMY | BCMR | CY2012 | 20120015763

    Original file (20120015763.txt) Auto-classification: Denied

    The investigating officer found the injury to be in the line of duty and the LOD was approved by the National Guard Bureau (NGB) as "In line of Duty for Gunshot Wound to the Head" on 23 February 2010. On 21 December 2011, the NGB changed the final approval of the LOD to "Not in Line of Duty – Due to Own Misconduct for Gunshot Wound to the Head." On 13 February 2012, the U.S. Army Human Resources Command (HRC), Casualty and Mortuary Affairs Branch notified the applicant that a final review...

  • ARMY | BCMR | CY2008 | 20080007391

    Original file (20080007391.txt) Auto-classification: Denied

    The applicant requests, in effect, correction to the records of her deceased former spouse, a former service member (FSM), to show he was awarded a second Purple Heart. In support of her application, the applicant provides copies of the FSM's DD Form 214; a Certificate of Military Service; the FSM's letter from the Veterans Administration; letters from the National Personnel Records Center, St. Louis, Missouri; a headstone preview for the FSM's headstone; and the FSM's death certificate. ...

  • ARMY | BCMR | CY2011 | 20110019769

    Original file (20110019769.txt) Auto-classification: Approved

    The applicant, the sister of a deceased former service member (FSM), requests, in effect, correction of the late FSM's record to show he was killed in action against an enemy of the United States or as a result of an act of any such enemy or opposing forces. The personal statements also state four of the members wounded that day were awarded the Purple Heart but the FSM and one other member, who were initially listed as missing in action, were not awarded the Purple Heart. As a result, the...