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Texas Air National Guard Boots Sick Soldier

Continued from page 1

Published on July 29, 2008 at 11:09am

As a full-time, active-duty soldier, it appears that Franco should have qualified for the "Transitional Assistance Management Program" under the military's insurance, which would have provided him up to 180 days of health care benefits as someone who was "involuntarily separating from active duty under honorable conditions."

But as Jennifer Franco discovered when she took their young son to the doctor's a week after her husband's discharge, that wasn't so. Her husband's insurance had been canceled the day he left ­Ellington.

Surely this was just a mistake. Jennifer checked with TRICARE, who told her the base hadn't put the right code on the discharge papers to continue the insurance. She called the base to get this fixed, talked to a lot of people and nothing changed.

The Texas Air National Guard at El­ling­ton is not an easy organization to get information from. A call to a senior officer, State Command Chief Sam Davis, got a cordial referral to the office of the commander on base, whose secretary in a subsequent phone call said all questions would have to be answered by the attorney representing the base.

This was Lieutenant Colonel Ryan, who helpfully answered some questions in general, would not discuss Franco in particular and who said he himself didn't know too much about the TRICARE transitional assistance program which has only been extended to National Guard and Reserve members in the last two or three years.

A customer service representative at TRICARE cheerily confirmed that if a branch of service or base does not code an outgoing member as deserving of continued insurance benefits, that person doesn't get anything.

Franco says that after awhile, he and his wife just gave up trying for the insurance coverage. He talked to Lieutenant Colonel Keith Garber, the local rep on base for the Office of the Inspector General, but after talking with him, Franco says he was convinced that a protest would go nowhere. Contacted by the Houston Press, Garber said he couldn't comment on Franco's case, explained the basic appeal assessment process and said he could not answer how many investigations his office does each year at Ellington, without approval of the Air Force inspector general.

Franco is somehow convinced that he should have been given a medical retirement. But to be considered for that, a service member would have had at least a minimum of 15 years of active service. Franco had only slightly more than nine.

According to Ryan, when someone is processed for an involuntary separation, he is notified of the reasons and if he has more than six years total service, he is entitled to ask for a hearing before a discharge board. Most service members waive this opportunity, Ryan says, figuring it's too much trouble. Franco says no one explained anything about a discharge board to him.

Franco did meet with Rick Alvarez, national service officer for AMVETS, a nonprofit group that helps former service members file VA claims. Franco says Alvarez is helping him appeal his 60 percent designation; Alvarez says he's probably filed for what's called a "reconsideration," which takes about six months compared to a formal appeal' s two-plus years.

According to Franco, when he asked the base about his severance pay he was told to take that up with the VA, and when he asked the VA about it, personnel there said, "Hey, we don't do anything about that."

He went back to the base and was told by several people, he says, that he'd be getting separation pay. Eventually he was told no one had ever put in the paperwork for him to receive it.

Franco is adamant that people at the base not only lied to him for months, but attempted to cover their tracks by removing paperwork from his file and by writing things into his file that were not true, such as saying he'd been to their office when he was off base and on leave.

Franco says he asked for a second evaluation by the medical board back in February. A February 15 e-mail from medical technician Angelique Tavira to the medical board liaison in San Antonio shows she has requested a reconsideration of Franco's case. The San Antonio liaison responds that Franco has to be put on medical hold if he's going to be re-­evaluated. On February 16, Tavira writes that she is working on getting an SF600 written to put Franco on military hold and asks that he is put on military hold "until after his re-eval at WHMC." (the San Antonio medical facility.) On February 20, Tavira sends another e-mail asking to be advised when Franco is placed on medical hold so they may make an appointment for him at the San Antonio hospital.

After five months of medical hold, on July 12, Franco met with Major Pamela Thormin, who told him the medical board had come back with the same evaluation as the first time and that he would be leaving in three days. He went back to her office the next day and asked to see the second evaluation. She looked for it on her desk, even left the room and came back saying she couldn't find it, he says. Later, he says, she admitted there had never been a second medical re-evaluation, that she had no idea he'd been on medical hold and that he'd fallen through the cracks.

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