PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           8 March 2001
	DOCKET NUMBER:   AR2000042942

	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. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers 		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation date [18 September 1998] be changed to 30 September 1998.

3.  The applicant states that, on 14 August 1998, he departed Fort Bragg, North Carolina on 36 days of transitional leave.  Upon arriving at his home of record, he went to a hospital emergency room with abdominal pain.  He was diagnosed with a possible kidney stone, given pain medication, and sent home.  The pain worsened and the applicant went back to the emergency room on 19 September 1998.  Doctors changed the diagnosis to a possible ruptured appendix.  Tests on 22 September 1998 confirmed the diagnosis and he was admitted to the hospital and treated.  He states that his medical expenses from 22-30 September 1998 were in excess of $15,000.00 and that the Army refused to pay them as he had been separated before they were incurred.  He argues that he presented with symptoms of appendicitis on 14 August 1998, but it was misdiagnosed.  Had his condition been properly diagnosed, he would have undergone an appendectomy well before his separation date and the Army would have covered the expense.

4.  In support of his application, the applicant submits: a letter from his attorney dated 16 May 2000; an affidavit dated 15 May 2000; Dean Medical Center History Progress Notes for 08/14/98, 09/19/98, 10/12/98, and 11/02/98; a report from St. Mary's Hospital Medical Center, dated 09/22/98, concerning "CT ABDOMEN and CT PELVIS;" a 21 October 1999 letter from National Account Systems of Madison, Inc. attempting to collect unpaid debts of $297.13 to Associated Pathologists and $419.00 to Madison radiologists; a copy of a bill from Madison Radiologists, dated 09/22/98, in the amount of $297.13; a self-authored, unverified accounting of medical expenses in the amount of $16,245.02; and a copy of a document from State Collection Service, Inc. indicating that as of 4/25/00 his "payoff amount" to St. Mary's Hospital is $14,903.89.

5.  The applicant’s military records show that he enlisted in the Regular Army for 3 years and 17 weeks on 13 June 1995.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11H, Infantry, and sent to Fort Benning, Georgia for basic airborne training.  He completed airborne training and was awarded the Parachutist Badge and reassigned to Fort Bragg, North Carolina.  The applicant was promoted to the rank of Specialist/E-4.

6.  The applicant requested an early release from active duty in order to attend school.  His request was approved and he was given an expiration term of service (ETS) date of 18 September 1998.  On or about 14 August 1998, he departed Fort Bragg enroute to his home of record in Madison, Wisconsin on transitional leave.  On that same date, he was seen at Dean Medical Center complaining of "bilateral c.v.a area pain."  He was diagnosed as having "infected stones," given percocet and sulfa drugs, and sent home.  He returned to the hospital on 19 September 1998 with the same complaint of abdominal pain.  A CT abdominal scan revealed "pericecal inflammatory process . . . [and] a faint calcification . . . in the right lower quadrant . . . consistent with an appendicolith and a ruptured appendix."  He was admitted to the hospital and underwent surgery for a "right colon resection for acute appendicitis and also Meckels diverticulectomy."

7.  The applicant's separation was effected on 18 September 1998.  He had 3 years and 13 weeks of creditable service at the time of his release from active duty.  He was awarded the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

8.  Title 10, United States Code, section 1145 states that transitional health care is available for 60 days without cost to service members who are involuntarily separated with less than 6 years of active service.  Section 1078 provides that all service members may enroll in a temporary health benefits program for a minimum of 18 months upon discharge or release from active duty.  This program is available, at cost, to all service members whether voluntarily or involuntarily separated.

CONCLUSIONS:

1.  The applicant was separated on 18 September 1998.  He went to the hospital on 19 September 1998, was diagnosed with a ruptured appendix, and underwent surgery, all after he was no longer entitled to health care as a soldier.  The Army is not responsible for any of his medical costs incurred after 18 September 1998.

2.  The applicant first complained of the symptoms of an inflamed appendix on 14 August 1998 while on transitional leave.  Had he not taken transitional leave, it is reasonable to assume that Army doctors would have properly diagnosed his medical condition and treated it at Womack Army Hospital, Fort Bragg, North Carolina.  It is also reasonable to assume that, had civilian doctors properly diagnosed the applicant's condition on 14 August 1998, he would have received medical care, to include an appendectomy, well before his ETS date and would have received coverage for his medical costs.

3.  Although the applicant could have opted for 18 months of transitional health care upon his separation from active duty, the Board finds it inequitable that he was denied coverage of his medical expenses due to a misdiagnosis by civilian medical personnel, especially when he presented with his condition more than 30 days prior to his ETS date.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

	a.  By voiding the 18 September 1998 separation date of the individual concerned;

	b.  By placing him on excess leave without pay from 19 September 1998 through 30 September 1998; and

	c.  By issuing him a DD Form 215, Correction to DD Form 214, with a new separation date of 30 September 1998.

2.  That the individual concerned obtain valid bills for medical services related to his appendectomy and present those bills to the appropriate authorities for processing and payment in accordance with existing rules and regulations.

BOARD VOTE:  

__rwa___  __bjl____  __wdp __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __Roger W. Able___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042942	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.0100	
2.	128.0000	
3.		
4.		
5.		
6.