IN THE CASE OF: BOARD DATE: 15 January 2015 DOCKET NUMBER: AR20140009152 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, in effect, correction of her military records by setting aside her nonjudicial punishment (NJP) and restoring her rank to staff sergeant, pay grade E-6. 2. The applicant states she was reduced to sergeant, pay grade E-5 due to an alcohol-related incident. Her alcohol abuse and the subsequent incident that led to her reduction are symptoms secondary to her service-connected post-traumatic stress disorder (PTSD). She was self-medicating on alcohol because she was unable to get professional help at the time. It is unjust to punish her for behavior that was secondary to her disability. 3. The applicant provides a copy of a claim for benefits from the Lane County Veterans Services, dated 19 May 2014 (2 pages only). CONSIDERATION OF EVIDENCE: 1. On 24 June 2004, the applicant, a prior service Solder, entered the Regular Army. 2. On 3 August 2011, the applicant, as a staff sergeant, pay grade E-6, accepted NJP from her battalion commander for failing to go to her appointed place of duty at the prescribed time and for being incapacitated for the proper performance of duty because of a wrongful previous indulgence of intoxicating liquor. This misconduct occurred on 13 June 2011. She did not appeal her punishment which consisted of: * Reduction to sergeant, pay grade E-5 * Forfeiture of $1,473.00 pay (suspended) * Extra duty for 45 days 3. A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) approved by the Secretary of the Army on 28 September 2012, shows the applicant had been diagnosed with PTSD rated at 70 percent disabling. It noted that the applicant had related being ambushed during deployment in support of Operation Iraqi Freedom. The PEB recommended placement on the Temporary Disability Retired List (TDRL). 4. On 5 December 2012, the applicant was retired due to a temporary physical disability. She had completed approximately 11 years of active duty service. 5. The applicant has provided two pages of what appears to be a part of a longer report dated 19 May 2014. The report concerns the applicant's physical condition. Paragraph 1 indicates that she was evaluated with having PTSD, rated at 70 percent, with a bipolar disorder, attention deficit hyperactivity disorder, and alcohol abuse. It proposes entitlement to service connection for Department of Veterans Affairs (VA) benefits. 6. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice. a. Chapter 3 implements and amplifies Article 15, UCMJ. It states that the basis for any set aside action is a determination that under all of the circumstances of the case, the punishment has resulted in a clear injustice. "Clear Injustice" means that there exists an unwaived legal or factual error that clearly and affirmatively injured the substantial rights of the Soldier. b. For the purposes of this regulation, the NJP imposing commander or any subordinate commander may only reduce a Solder from a grade for which he has promotion authority. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her military records should be corrected by setting aside her NJP and restoring her rank of staff sergeant, pay grade E-6. 2. The available evidence of record shows that the applicant accepted NJP in August 2011 for misconduct performed the previous month. She was reduced one grade to sergeant, pay grade E-5. A review of the NJP proceedings revealed no apparent error or injustice. 3. The applicant argues that she should not have been punished for her misbehavior because she was suffering from PTSD. However, the documentation provided by the applicant is inconclusive because it does not clearly and convincingly show that her misconduct was a direct result of her having PTSD. Furthermore, the evidence does not show when, if ever, her PTSD became so acute as to cause her to abuse alcohol. 4. In view of the above, the applicant's request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. ABCMR Record of Proceedings (cont) AR20140009152 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009152 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1