IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100010901 


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 that his 12 December 2008 summary court-martial be transferred to the restricted portion of his official military personnel file (OMPF).

2.  The applicant states he received a summary court-martial for use of illegal steroids while in Iraq.  He was given a Relief for Cause Noncommissioned Officer Evaluation Report (NCOER), reduced from sergeant first class to staff sergeant, and removed from his position as a platoon sergeant.  He has maintained a positive attitude and continues to perform to the best of his abilities.  

3.  The applicant provides two letters of support, a DD Form 2329 (Record of Trial by Summary Court-Martial), and a legal review memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on in the Regular Army on 6 May 1999, completed training, and was awarded military occupational specialty 19K (Armor Crewman).

2.  The applicant's 2008 NCOER shows his date of rank to SFC as 1 February 2008; however, the promotion orders are not available. 

3.  On 12 December 2008, while stationed with 1st Battalion, 22nd Infantry Regiment, 1st Brigade Combat Team in Baghdad, Iraq, the applicant was convicted by a summary court-martial of wrongful use of anabolic steroids, to wit: methandienone [a Schedule II drug]; wrongfully soliciting another Soldier to unlawfully alter a public record, to wit: the Regiment Urinalysis Ledger; and wrongfully soliciting another Soldier to unlawfully submit an adulterated urine sample.  He was sentenced to a forfeiture of $1,500.00 pay for 1 month and reduction to staff sergeant (SSG).

4.  The on-line medical dictionary, MedPlus, defines methandienone, an anabolic steroid, as one of a group of synthetic hormones that are derivatives of testosterone.  They are used medically especially to promote tissue growth and are sometimes abused by athletes to increase the size and strength of their muscles and improve endurance.  

5.  The applicant's current commanding officer recommends that the summary court-martial be moved to the restricted portion of the applicant's OMPF.  He states that upon the applicant's assignment to the unit the applicant notified him of the trouble he had gotten into and expressed great concern over his poor judgment and future potential.  The applicant's commander describes the applicant as being more capable than other SSG instructors and two of his SFC instructors.  Based on his capabilities the commander has made the applicant the senior instructor over more senior instructors.

6.  The applicant's current first sergeant also recommends that the summary court-martial be moved to the restricted portion of the applicant's OMPF.  He states that upon assignment to the unit the applicant notified him of the trouble he had gotten into and expressed great concern over his poor judgment and future potential.  The first sergeant states the applicant has been singled out by his students, young second lieutenants, for his professionalism and overall technical and tactical knowledge.  The applicant has proven to his chain of command that he has learned from his mistake and he should be retained as a productive member of the "Armor Force."  

7.  The maximum punishment authorized to be imposed by a summary court-martial is reduction to the next inferior pay grade; a forfeiture of two-thirds pay for 1 month; and restriction to specified limits for 2 months.

8.  Army Regulation 600-37 (Unfavorable Information) states unfavorable information that should be filed in official personnel files includes indications of substandard leadership ability, promotion potential, morals, and integrity.  These must be identified early and shown in those permanent official personnel records that are available to personnel managers and selection board members for use in making such personnel decisions that result in selecting Soldiers for positions of public trust and responsibility, or vesting such persons with authority over others, should be based on a thorough review of their records.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the summary court-martial that he received while in Iraq for the illegal use of steroids should be transferred to the restricted portion of this OMPF.  He also states that in spite of his punishment and reduction he has maintained a positive attitude and continues to perform to the best of his abilities. 

2.  The applicant's summary court-martial was not simply for his personal use of steroids.  More significantly he attempted to get a junior noncommissioned officer to falsify documents and/or submit an adulterated urine sample.  Through this conduct he compromised his own integrity and attempted to compromise the integrity of other Soldiers and that of the Army's drug testing program. 

3.  The applicant will face significantly more scrutiny as a result of his court-martial action.  

4.  However, he has already shown that he has made senior instructor over other more senior NCOs and that he has been able to overcome the significant stigma of illegal use of drugs.  The severity of the offense should not be hidden and he should not be placed on an equal promotional field with Soldiers who did not commit such significant infractions.  Great technical competence does not excuse an absence of integrity.

5.  Therefore, it would not be appropriate to grant the applicant's request at this time.

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)                                         AR20100010901



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ABCMR Record of Proceedings (cont)                                         AR20100010901



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