MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002066135

	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. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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:  Reconsideration of the request of her deceased spouse, a former service member (FSM), to correct his records to show that all his outstanding medical bills, including mileage to and from the doctors and chemotherapy, from January 2000 through 10 August 2001, be paid by the Army.  She also asks, if possible, that the funeral expenses be paid and that she receive an amount for pain and suffering.

APPLICANT STATES:  Again, that the FSM had his first colonoscopy in 1995 when they found a benign polyp and removed it.  Their oncologist said a follow-up should have been done at least six months to a year later to make sure a polyp did not grow back.  When he asked for a colonoscopy during his outprocessing examination, he was refused because there was no blood in his stool.  Two months later his colon burst and he found he had stage IV colon cancer.  He might still be alive if the Army had performed an annual colonoscopy after the first polyp was found.  The last six months of his life was hell on earth.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in proceedings prepared to reflect the Board's original consideration of the FSM’s case on 11 February 2000 (docket number AR1999033447) and 8 March 2001 (docket number AR2000050267).

As noted in the consideration of the FSM’s case on 8 March 2001, the FSM did not wish to enroll in the TRICARE (Department of Defense health care program) Prime option at that time.  TRICARE Prime was more advantageous than the TRICARE Standard option he was enrolled in.  Nevertheless, a determination was made that, considering the therapeutic treatments, surgery, hospitalizations, and general illness that would have been associated with his treatment, it was believed that had he remained on active duty he would have been retained for approximately one year following the diagnosis of his ailment.  At that time, he would have reached the so-called maximum hospital benefit and been medically retired.  That same criterion was applied to his civilian medical care; therefore, relief was granted that paid for his civilian medical care for approximately a one- year period.

Information received from the Department of Veterans Affairs (VA) by the staff of the Board indicated that if a veteran is found to have a service-connected disability rated at least 50 percent, he or she would be eligible for free medical care in a VA facility.  The VA’s rating decision would not be dependent on any type of discharge (disability or non-disability) he or she had received from the Army.  On 14 October 1998, the VA found the FSM to have a service-connected 

disability rated at 100 percent.  There is no evidence to show he was treated by a VA facility and it appears his doctor was a private physician and his treatment was obtained from civilian facilities.

The National Institutes of Health internet cite MEDLINEplus states that there is no single cause of colon cancer.  Beginning at age 50, screening tests should be conducted. The four common screening tests and recommended frequency of use are:  (1) fecal occult blood test (annually); (2) sigmoidoscopy (every 5 years); (3) double barium contrast enema (every 5 years); and (4) colonoscopy (every 10 years).  Hidden blood in the stool is often the first, and in many cases the only, warning sign.

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 Board is empathetic with the applicant’s situation; however, the overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to grant additional relief.

2.  It appears that the FSM’s military doctors may have made a medical decision not to conduct an additional colonoscopy based on accepted Government guidelines.  Unfortunately, it appears that his case turned out to be an exception to the rules.  Two months after he retired, his colon burst and he was discovered to have stage IV colon cancer.

3.  Twice before the Board granted relief to the FSM.  On 11 February 2000, Board granted him a medical retirement.  On 8 March 2001, the Board corrected his records to pay the annual catastrophic cap and all deductibles, cost-shares, and allowable point of service co-payments and/or other charges and medical expenses determined proper by TRICARE for the period 1 September 1998 to  31 December 1999, the approximate one-year period determined to have been the time he would have been treated by the Army had he been retained on active duty.

4.  The Board is deeply sorry that the applicant had to pay for an early funeral for the FSM and for the pain and suffering both she and the FSM endured.
Regrettably, however, 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

__JNS__  __EJA__  __TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2001066135	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.