MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:           24 May 2000                   
	DOCKET NUMBER:   AR1999031735

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That the records of her deceased husband, a former service member (FSM) be corrected to show that he was on an authorized leave of absence on or about 29 October 1998 until his death.  

APPLICANT STATES:  That she was married to the FSM in 1992 and lived with him continuously until his suicide on 19 December 1998.  She feels that she is entitled to Service Member Group Life Insurance (SGLI) benefits, in effect, because he should not have been listed as AWOL or as a deserter at the time of his death, in that he was not mentally responsible.

She states that the FSM attempted suicide in September 1998, but prior to that he was a top performer in the Army.  He started to go downhill during 1998.  He reported to his unit on 28 October 1998 and seemed able to cope on that date.  He did not report for duty on the 29th, but instead went to his mother’s home, returning to his home on the 30th of October.  While home, he started exhibiting bizarre behavior, secluding himself with the internet, watching pornography, sitting around the house by himself, and trying to engage her [the applicant] in long personal discussions about endless, unconnected matters.  She states that she kept telling him that he needed psychiatric help, but he refused.  He was not sleeping, had lost a lot of weight, and had no appetite.  He cashed post dated checks, and starting getting rid of things.  He was more bizarre and irrational than she had ever seen him.  She could not do anything to help him.  He would exhibit bouts of uncontrolled anger and rage.  He committed suicide by hanging himself in the garage.  He turned from being a solid person during the middle of 1998 to a person out of touch with reality.  He was not sane.

The applicant provided a statement from the mother of the FSM.  That individual stated that her deceased son visited her on 29 October 1998, and stayed overnight.  She said that he was not himself and was obviously mentally impaired.  He was very frightened and concerned about his life, wanted the Army to help him, but was not being supported in his request.  He did not feel that he was able mentally to perform in his unit if he was required to go to Panama.  He stated that he was depressed.  She stated that she was concerned because it seemed that he might be planning to commit suicide.  She stated that she talked to him on 4 December, and he was more despondent, and in her opinion needed psychiatric help.  He had rapid mood swings, probably bi-polar, and his incoherency indicated that he was mentally ill.  He should not have been discharged [from the hospital], but should have been helped by a qualified mental health professional.

COUNSEL CONTENDS:  That the FSM had a severe psychiatric illness in September 1998 until he committed suicide.  He was not further treated, but should have been.  Consequently, he was not able to cope with his military duty, and was AWOL on or about 29 October 1998 until his death.  Counsel supports the applicant’s request, in that the status of her deceased husband prior to his death be changed from AWOL to authorized leave, and that his widow receive SGLI benefits, VA benefits, and the pay and allowances during the time that the FSM was listed as being AWOL.

Counsel states that the FSM lapsed into psychiatric problems in late 1998, was admitted to the Army hospital for psychiatric care with a diagnosis of suicidal ideation, stayed two days, and was discharged from the hospital.  He was not further treated.  When his unit deployed to Panama, the FSM could not cope, and went to see his mother, a mental health professional.  His mother became concerned about his mental health.  Counsel recounts his bizarre behavior at home as described by his wife.  Counsel states that the FSM should have been placed under psychiatric observation after his release from the Army hospital, at least until his unit could have tried to contact his wife, to find out what they could do to help him.  His behavior (suicidal ideation, anger, and suicide) pointed to the fact that he was mentally ill.  Had his unit tried to help him, he would have been hospitalized, rather than being AWOL.  His family is now being punished by not being eligible for benefits, which is unjust.  The FSM had a psychiatric illness which precluded his military service from 29 October 1998 until his suicide.  He should be placed on a medical disability status, and the record of the alleged AWOL be stricken.    

EVIDENCE OF RECORD:  The complete military records of the FSM are not available.  The only military records that are available are those medical and financial documents submitted by the applicant and her counsel.

An emergency care and treatment record shows that the FSM was admitted to the Madigan Army Medical Center at 1:57 AM on 27 September 1998 because of anxiety/depression over martial difficulties, and that he had attempted suicide.  His condition was diagnosed as depression and suicidal ideation.

A 27 September 1998 inpatient treatment record shows that the FSM was a Sergeant E-5, and a psychiatrist diagnosed his condition as suicidal ideation and marital problems.

A medical record prepared on 27 September 1998 shows that the FSM was examined because of his suicidal ideation.  That record indicated that the applicant had a 2 to 3 month history of marital discord, that he had been doing fine until 2-3 months ago when his wife told him she was unhappy in their marriage.  The FSM was angry and tried to control his wife.  The FSM got a room in the barracks because their yelling had escalated.  He tried to work things out, got nowhere, and went to the garage and turned the car on in the closed garage. He was vague about his specific intent, stated that he had suicidal ideation, but was not serious about it, but using it as a way to manipulate his wife.  Up until the last few days he was upset about the situation, but otherwise slept well, had a good appetite, good energy, etc., and denied suicidal ideation until last night.  The FSM stated that he had an inpatient stay for drug rehabilitation at age 12-13, but denied any previous history of psychological problems.  He was diagnosed as having marital problems and suicidal ideation.  That record indicates that plans were to admit, observe, and ensure the safety of the FSM, and provide for group and individual therapy, and arrange for appropriate outpatient treatment.  
At the time of his evaluation the FSM was alert and cooperative.  He was angry with himself and his wife.
 
A discharge note indicates that he was hospitalized at Madigan Army Medical Center in Tacoma, Washington from 27 September 1998 until 1100 hours on      28 September 1998.  His discharge diagnosis was that he had marital problems with suicidal ideation.  Treatment/Procedures [recommended] were group and individual psychological treatment.  His condition on discharge was stable.  He had a follow up plan on 14 October 1998.  He was not restricted in his activities upon his discharge.  That discharge document indicated that he had a sleep pattern disturbance and had potential for violence [related to his suicidal attempt] when admitted on 27 September, but those problems were resolved.

A 28 September 1998 consultation sheet indicates that the FSM had a several months’ history of marital problems, that arguments had grown more severe and loud, and that the police were called once by his wife, but there had never been any violence.  

The November leave and earning statement of the FSM shows that he was AWOL effective on 29 October 1998.  The December statement shows that he was a deserter effective on 28 November 1998.
  
The FSM committed suicide by hanging on 19 December 1998.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The FSM was treated at an Army medical facility because of his depression and anxiety concerning his marriage and because of his suicidal ideation.  The FSM had indicated during his treatment that he had not been serious about committing suicide, but his actions were only a means in order to manipulate his wife.  Nonetheless, he was evaluated and examined, and plans were made for follow up treatment.  His condition was stable when he was discharged from the hospital.  There is no evidence, one way or another, that his treatment ceased after his discharge from the hospital.  Counsel’s contention that he should have been placed under psychiatric care is presumptuous, and has no medical basis in fact.   

2.  The applicant’s actions from the date of his discharge until 29 October 1998, the date of his AWOL, are unknown.  Absent information to the contrary, it is assumed that he adequately performed his duties until the day that he went AWOL.    

3.  The FSM had some serious problems, and felt that he could not cope with those problems.  Nevertheless, this Board is not convinced that the FSM was insane, or of unsound mind, or that he had a psychiatric disorder during the time that he was AWOL, in spite of the contentions of the applicant, her attorney, and the mother of the FSM.  His behavior may have been bizarre and irrational; however, there is no medical evidence to show insanity or a psychiatric disorder.
Consequently, his absence cannot be excused as unavoidable, or be considered an authorized leave of absence.

4.  Neither the applicant nor counsel has submitted probative evidence or a convincing argument in support of her request.   

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mw___  ___jns__  ___mdm_  DENY APPLICATION

Carl W. S. Chun
Director, Army Board for Correction 
                                                  of Military Records

INDEX

CASE ID	AR1999031735	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000524	
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.  261	123.02	
2.		
3.		
4.		
5.		
6.