BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20160016684 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20160016684 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he applied for benefits under Special Compensation for Assistance with Activities of Daily Living (SCAADL) Program in a timely manner, he met all eligibility criteria for the program, and he was eligible to receive SCAADL payments for the period 21 April 2014 through 22 December 2014 at the Tier 1 level in the amount of $5,203.89. ____________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. BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20160016684 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 requests correction of his military records to show: a. he was notified of the Special Compensation for Assistance with Activities of Daily Living (SCAADL) Program, b. he applied for the program, c. he met all eligibility criteria for the program, and d. he was eligible to receive SCAADL payments for the period 21 April 2014 through 22 December 2014 at the Tier 1 level in the amount of $5,203.89. 2. The applicant states he was not properly screened for SCAADL in a timely manner. 3. The applicant provides: * letter from the Battalion Surgeon, Warrior Transition Brigade, Fort Belvoir, VA, dated 22 March 2016 * documentation pertaining to SCAADL * DD Form 2948 (SCAADL Eligibility) CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty in the rank of specialist/E-4. 2. He submitted a DD Form 2948 on 6 January 2015 to determine his eligibility for SCAADL compensation. This form shows he qualified for SCAADL benefits (Tier 1, low dependence). 3. He provided a letter from the Battalion Surgeon, Warrior Transition Brigade, Fort Belvoir, VA, dated 22 March 2016, stating: a. The applicant is a member of the 1st Battalion, Warrior Transition Brigade, and he has been assigned to the Community Care Unit since 24 October 2014. In March 2014, he was diagnosed with testicular cancer and required urgent surgery and subsequent chemotherapy to treat this condition. The treatment regimen left him significantly debilitated and upon discharge, necessitated his family to care for him and assist him with typical activities of daily living (ADL). Without his family's assistance, he would have been unable to care for himself and he would have required inpatient admission for the majority of his recovery. b. Prior to his transfer to the Community Care Unit in October, he was assigned to the Walter Reed National Military Medical Center with an entry date of 21 April 2014. Through no fault of his own, he was not screened for SCAADL until his assignment to the 1st Battalion, Community Care Unit, in October 2014. Upon screening, he was found to qualify for SCAADL benefits (Tier 1, low dependence) and these benefits were promptly initiated. His benefits were continued through December 2015 at which time his recovery had progressed to a point where he no longer qualified for SCAADL benefits and they were terminated. c. The applicant is requesting retroactive SCAADL benefits for the period from his entry into the Warrior Transition Brigade Program (21 April 2014) until the eventual start of his SCAADL benefits (December 2014). During this period of time, he received continued outpatient medical care and was not hospitalized for any period greater than two weeks which would have made him ineligible for SCAADL. Attached is the retroactive SCAADL application to support the applicant's request. A medical chart review that includes ADL assessments completed by Addison County Home Health and Hospice, Inc., supports a dependence level of at least "Tier 1: Low Dependence" which is the dependence level that he qualified for upon assignment to the Community Care Unit. The services provided by Addison Country Home Health and Hospice only included education and nephrostomy tube care and did not involve any ADL support. The attached retroactive SCAADL application reflects ADL requirement scores and comments that were noted in the applicant's initial SCAADL application. It is nearly certain that this scoring actually underestimates the level of disability experienced by the applicant during the period of time in question. d. As the Battalion Surgeon, he supports the applicant's request for retroactive SCAADL pay at the Tier 1 level for a total of 8 months. He believes the applicant should have been screened immediately upon entry to the Warrior Transition Brigade in April 2014. Further, if this screening had occurred, he believes the applicant would have qualified for SCAADL benefits which would have provided him with significant resources to offset the financial strain that his condition placed on his family. 4. On 15 April 2016 on behalf of the applicant, the Director, Plans and Resources, Office of the Deputy Chief of Staff, G-1, submitted a request for an exception to policy (ETP) for retroactive SCAADL payments effective 21 April through 22 December 2014 at the Tier 1 level in the amount of $5,203.89. The letter stated: a. While on leave from Korea, the applicant underwent surgery and chemotherapy at the Vermont Medical Center. As an outpatient Soldier, he was assigned to the Walter Reed National Military Medical Center on 21 April 2014. He was then reassigned to Fort Belvoir on 21 October 2014. Upon request, the commander approved SCAADL compensation effective 23 December 2014 at the Tier 1 level with a monthly payment of $645.11. After 13 months in the program the applicant was no longer eligible and payments ended on 30 December 2015. The applicant is now in the final stage of the disability evaluation process. b. Supporting medical documentation indicated the applicant required assistance with ADL after hospitalization and that his father fulfilled the roll as family caregiver. c. Due to no fault of the applicant, he was not afforded an opportunity to apply for the SCAADL Program immediately after hospitalization when he needed assistance with ADL the most. Since the inception of SCAADL, the Army processed over 1,612 requests and this is the first such request for an ETP that warrants consideration for approval. 5. On 17 June 2016, the Assistant Secretary of Defense denied the request for an ETP to retroactively provide SCAADL payments to the applicant. The letter states that in accordance with numerous Comptroller General decisions, personnel actions may not be made retroactively so as to increase the rights of an employee to compensation absent an administrative error clerical error that: (1) prevented a personnel action from being effected as originally intended, (2) resulted in nondiscretionary administrative regulations or policies not being carried out, or (3) deprived the employed of a right granted by statute or regulation. Not being properly screened in a timely manner has not been shown to be an administrative or clerical error. 6. An advisory opinion was rendered by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, dated 15 November 2014 (should read 15 November 2016), wherein he stated: a. The Army G-1 carefully reviewed the applicant's request and strongly recommends approval for SCAADL payments totaling $5,203.89 based on the SCAADL Program. The applicant and his chain of command exhausted all administrative efforts within the Army and the Office of the Assistance Secretary of Defense (Health Affairs). b. On 21 April 2014, the applicant was remotely assigned to the Walter Reed National Military Medical Center as an outpatient after surgery and chemotherapy at Vermont Medical Center while on leave from Korea. The applicant was never briefed on his eligibility for SCAADL. c. On 21 October 2014, the applicant was reassigned to Fort Belvoir, VA, and upon request, the commander approved his SCAADL compensation effective 23 December 2014 at the Tier 1 level with a monthly payment of $645.11. 7. A copy of this advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: SCAADL was authorized by the Fiscal Year 2010 National Defense Authorization Act. This special monthly compensation is for service members who incur a permanent catastrophic injury or illness in the line of duty. SCAADL helps offset the loss of income by a primary caregiver who provides non-medical care, support, and assistance for the catastrophically injured or ill service member. DISCUSSION: 1. The applicant requests retroactive SCAADL payments for the period 21 April 2014 through 22 December 2014 because he was not properly screened for SCAADL in a timely manner. 2. The evidence confirms: a. In March 2014, he was diagnosed with testicular cancer and required urgent surgery and subsequent chemotherapy to treat this condition. b. On 21 April 2014, he was assigned to the Walter Reed National Military Medical Center and he was not briefed on his eligibility for SCAADL benefits. c. On 21 October 2014, he was reassigned to Fort Belvoir, VA, and upon request, the commander approved his SCAADL compensation effective 23 December 2014. d. His SCAADL payments ended on 30 December 2015 when his recovery had progressed to a point where he no longer qualified for the benefits. e. The applicant and his chain of command exhausted all administrative efforts within the Army and the Office of the Assistance Secretary of Defense (Health Affairs). 3. Through no fault of his own, the applicant was not afforded an opportunity to apply for the SCAADL Program immediately after hospitalization when he needed assistance with ADL the most. He was not screened for SCAADL until October 2014. 4. It appears he would have applied for and qualified for SCAADL benefits if he had been informed of this program following his hospitalization. Medical documentation shows he required ADL assistance after hospitalization and his father fulfilled the roll as his caregiver. The advisory official recommends, in effect, correcting his record to show he applied for and was eligible to receive SCAADL payments for the period 21 April 2014 through 22 December 2014 at the Tier 1 level in the amount of $5,203.89. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016684 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016684 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2