PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      23 December 1998
	DOCKET NUMBER:   AC98-12171

	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. Loren G. Harrell		Director	
	Mr. Ed Clark.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

2.  The applicant requests that the military records of her deceased husband, a former service member (FSM) be corrected to show that he was retired under the provisions of Public Law 103-337, section 517 (15-year retirement law).  In support of the application she submitted various medical documents and a memorandum signed by an official of the Illinois Army National Guard.

3.  The FSM entered active duty on 14 June 1963 and, following service in Vietnam, was honorably discharged on 13 June 1967.  He subsequently served in the Army National Guard (ARNG) and attained the rank of master sergeant on 
1 December 1996.

4.  Medical documents provided by the applicant show that the FSM, after complaining of chronic heartburn, was referred by his civilian attending physician to a consulting physician, a gastrointestinal specialist who, on 12 February 
1997, determined that his symptomatology was consistent with chronic gastroesophageal reflux disease.  His notes show, in part, “Patient is a 51 year old gentleman with no significant past medical history who presents for evaluation of 3 months of heartburn.  He describes initially a dull pain in the upper left quadrant, increasing after meals which began in November of 
1996… He was treating himself with Rolaids, Tums, Maalox and other 
over-the- counter products…and finally presented to be evaluated by [the named attending physician] in January 1997.  He was placed on Zantac and over the last month has gradually become asymptomatic.  He mentions that the pain is exacerbated by meals and relieved by exercise…He works as a lineman for the Rock Falls electrical department.”  

5.  On 17 March 1997 the FSM died.  The Medical Examiner’s - Coroner’s Certificate of Death shows that the FSM died within seconds of the onset of a cardiac arrhythmia.  The underlying cause is shown as atherosclerotic coronary artery disease (ACAD).

6.  The memorandum signed by an official of the Illinois Army National Guard indicates that FSM had a heart condition that was misdiagnosed; and that had the proper diagnosis been made the FSM would have been medically retired.  He recommended that the applicant’s widow be covered under the provisions of the Reserve Component Survivor Benefit Plan (RC-SBP).

7.  On 28 October 1998 the Board was advised by the Chief, National Guard Bureau (NGB), that the FSM should have been found medically unfit in February 1997; and that he had completed over 19 years of qualifying service and had served the last 14 years in the ARNG, a RC, and therefore he was eligible for retirement under Public Law 103-337.  Approval of the request was recommended.

8.  The National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337) amended Title 10, United States Code, section 1331a(c).  The modification allows RC soldiers who are involuntarily separated between 
5 October 1994 and 30 September 1999 because of medical unfitness to elect transfer to the Retired Reserve for Reserve retirement pay at age 60 based on a minimum of 15 years of qualifying service toward RC retirement.  The individual must also meet the requirement of having performed the last 6 years of qualifying service in the RC as outlined in Title 10, United States Code, section 1331(a) and the new subsection (f).

9.  The U. S. Army Reserve Personnel Command Retirement Information Web Page shows, in part, that the RC-SBP has three options: Option A is a deferred election until attainment of age 60; Option B provides for delayed payment of the annuity to the surviving spouse until the retiree would have attained age 60; and Option C provides for an immediate annuity to the spouse upon the death of the retiree.  The RC-SBP also provides for space available medical care, CHAMPUS or Tricare (depending on the area of residence) and commissary and exchange benefits. 

10.  The American Medical Association Encyclopedia of Medicine describes cardiac arrhythmia as an abnormality of the rhythm or rate of the heart beat caused by a disturbance in the electrical impulses to the heart.  A common cause of arrhythmia is coronary artery disease.  In this condition, vessels supplying blood to the heart are narrowed by fatty deposits and are unable to supply sufficient blood to the conducting tissue, which becomes damaged.

11.  The American Medical Association Encyclopedia of Medicine describes ACAD as being responsible for more deaths in the United States than any other condition.  Atherosclerosis is the narrowing of the arteries caused by fats deposited from the bloodstream.  “Unfortunately, atherosclerosis produces no symptoms until the damage to the arteries is severe enough to restrict blood flow.”

CONCLUSIONS:

1.  The applicant’s contention, supported by an official of the Illinois ARNG and the Chief, NGB, that a misdiagnosis was made by a civilian physician on 
12 February 1997 is not supported by any evidence of record and appears to have been made to establish a date of medical disqualification.  Although the Board has no medical members, it appears more likely than not that the FSM was correctly diagnosed with chronic gastroesophageal reflux disease by two civilian physicians; and that signs and symptoms of ACAD were not evident to these physicians.  Accordingly, using that date would erroneously imply that the Board agrees with that contention. 

2.  The FSM died suddenly on 17 March 1997.  At that time, through autopsy, it was determined that the underlying cause of his death was ACAD.  Had the FSM been diagnosed with that illness prior to his death, he would have been found medically disqualified for military service and, more likely than not, retired under the provisions of Public Law 103-337.  It is further likely that provided the opportunity to do so, he would have elected Option C of the RC-SBP in order to provide for an immediate annuity to his spouse upon his death.

3.  The foregoing is supported by the advisory opinion provided by the Chief, NGB.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.   by showing that on 16 March 1997 the individual concerned was honorably separated from the ARNG and as a Reserve of the Army and transferred to the Retired Reserve with entitlement to Reserve retired pay at age 60 under the provisions of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337); and

b.  by showing that prior to his death he elected Option C of the RC-SBP in order to provide an immediate annuity to his spouse upon his death.

BOARD VOTE:  

RVO, KAK, LE  GRANT AS STATED IN RECOMMENDATION

________ GRANT FORMAL HEARING

________ DENY APPLICATION

INDEX

CASE ID	AC98-07702	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.