IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100029406
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, removal from his official military personnel file (OMPF) a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) that was imposed on 13 October 2009.
2. The applicant states:
* He wants to appeal the Article 15 imposed on 13 October 2009
* He believes the Article 15 to be unjust due to new medical evidence found at out-processing at Camp Atterbury, IN
* It was discovered that while serving in the S2/S3 with the 620th Combat Service Support Battalion he had been over-prescribed a muscle relaxer for back pain (cyclobenzaprine/flexeril)
* When he went to refill his prescription at the pharmacy at Camp Atterbury on 14 February 2010 the pharmacist noticed he was prescribed three times the maximum dosage for the medication (flexeril)
* Under normal dosage amounts he should have only been prescribed one 10 milligram (mg) tablet by mouth three times a day
* He had been prescribed three 10 mg tablets by mouth three times a day
* This medication under normal prescription dosage may cause delusions, aggressive behavior, and paranoia
* These behaviors, which are completely unlike his normal behavioral pattern, directly reflect his behavior that resulted in the Article 15
* He believes his actions were a direct result of the over-prescribed medication given to him by the Army
* He believes his Article 15 should be immediately lifted due to the new supporting evidence of the Army over-medicating him
3. The applicant provides:
* Documentation pertaining to cyclobenzaprine
* His prescription
* Photographs of his medicine container
* His DA Form 2627
* Multiple DA Forms 4856 (Developmental Counseling Form)
* Multiple DA Forms 2823 (Sworn Statement)
* A memorandum from his defense counsel, subject: Field Grade Article 15, Staff Sergeant (Applicant's name), dated 13 October 2009
* A DA Form 3822-R (Report of Mental Status Evaluation), dated 21 September 2009
* His Enlisted Record Brief, dated 22 September 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 21 June 1980. He was promoted to staff sergeant (SSG)/E-6 effective 15 April 2005. On 1 May 2009, he was ordered to active duty in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 3 June 2009 to 10 February 2010.
2. On 21 September 2009, a first lieutenant made a sworn statement attesting that the applicant communicated to him a threat to kill a master sergeant.
3. A DA Form 2627, dated 13 October 2009, shows that nonjudicial punishment was imposed against the applicant for communicating to a first lieutenant on
21 September 2009 a threat to kill a master sergeant by shooting her in the head. His punishment consisted of a reduction to sergeant (SGT)/E-5 (suspended for 180 days) and a forfeiture of $1,299.00 pay for one month. The issuing commander directed the original DA Form 2627 be filed in the performance section of his OMPF. He elected not to appeal the punishment.
4. He provided documentation that shows he was prescribed cyclobenzaprine (60 - 10 mg tablets) and the dispense date on this prescription was 27 January 2010. He also provided information which states "For most patients, the
recommended dose is 5 mg 3 times a day. Based on individual patient response, the dose may be increased to either 7.5 or 10 mg 3 times a day."
5. He was honorably released from active duty on 24 April 2010.
6. A review of his OMPF on the interactive Personnel Electronic Records Management System (iPERMS) did not reveal a copy of the DA Form 2627 in question.
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records), currently in effect, prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that a DA Form 2627 will be filed in the performance or restricted section of the OMPF as directed by the issuing commander (item 5 on DA Form 2627). Allied documents accompanying the Article 15 will be filed in the restricted section.
DISCUSSION AND CONCLUSIONS:
1. He contends his actions were a direct result of the over-prescribed medication given to him by the Army. However, evidence shows he communicated the threat to kill the master sergeant on 21 September 2009 and four months later the medication in question was dispensed (27 January 2010) to him.
2. There is no evidence the DA Form 2627 in question was improperly imposed or in error. Under normal processing, the applicant would have been afforded the opportunity to consult with counsel and to demand a court-martial in lieu of the Article 15 action. There is no evidence he was denied his rights during the Article 15 processing.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100029406
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ABCMR Record of Proceedings (cont) AR20100029406
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