BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130011467 


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 the removal from his Army Military Human Resource Record (AMHRR), or the transfer to the restricted portion of his AMHRR, of the following:

* a general officer memorandum of reprimand (GOMOR), dated 27 August 2010
* a referred Officer Evaluation Report (OER), for the rating period 1 June 2009 through 31 May 2010 

2.  The applicant states:

	a.  Due to the extenuating and mitigating circumstances determined by the Board of Inquiry (BOI) on 21 February 2013, the nature of the GOMOR and referred OER were unjust in whole and untrue in part.  Consequently, they impede his current professional and educational progression, as well as future utilization within the Army.  

	b.  In reference to the charge of falsifying medical records, the BOI found there were five extenuating circumstances and one mitigating circumstance as follows:

* he was placed into a program ahead of his capabilities at the time
* the staff at the Family Medicine Residency Program were unprepared to deal with the effects of combat stress as it related to the residency timeline
* duress and isolation played key factors in his reactions to authority; they were defensive in nature, essentially stalling for time while working through issues he didn’t have coping skills for
* consequences for his actions had already been administered with receipt of the GOMOR and referred OER, both of which are career-limiting
* his choice to seek behavior health assistance, combined with his exemplary performance following the incident, reflected positively on his potential

	c.  In reference to the charge of conduct unbecoming of an officer, the BOI found this was not supported and there were three extenuating circumstances as follows:

* his actions were motivated more out of self-preservation than for the purpose of self-gain; he ultimately did take the U.S. Medical Licensing Examination (USMLE) Step III exam
* his actions were gauged to stall for time rather than to overtly deceive
* he lost perspective with regard to the significance of the Step III exam and he inadvertently set himself up for failure

   d.  He requests the GOMOR and referred OER [be removed] or transferred to the restricted portion of his AMHRR as they have served their purpose and the transfer would be in the best interest of the Army.

   e.  Since he received the GOMOR, he has demonstrated significant progress over the past two and one half years, both professionally and personally, in order to show his contribution and continued value as an Army officer and military physician.  He made a fresh start in October 2010 at Fort Rucker, AL, and he flourished at the Primary Flight Surgeon Course.  He had the opportunity to demonstrate his leadership, motivation, and managerial skill at the U.S. Army Aeromedical Research Laboratory (USAARL), Fort Rucker, AL, where he ultimately was able to thrive professionally and safely seek mental health [treatment].
   
   f.  His accomplishments to date are as follows.  He:

* led a team of four research psychologists within the Warfighter Health Division (WHD), USAARL, Fort Rucker, AL, as Chief, Aeromedical Factors Branch, WHD, USAARL
* published two journal publications, two technical reports, and one case report
* provided patient care at Lyster Army Health Clinic (LAHC), Fort Rucker, AL, with the most recent Army Provider Level Satisfaction Survey (APLSS) at 93.9% for "overall satisfaction," 91.3% for "trust provider," and 95.3% for "treated with courtesy and respect"
* earned the Army Physical Fitness Badge, scoring over 90%; meeting the height, weight, and body fat standard
* earned the Gold German Armed Forces Proficiency Badge
* completed the requirements for recertification of his State of Virginia Medical License, renewed through September 2014
* received letters of endorsement for the Aerospace Medicine Residency Program highlighting his strong potential to succeed in the residency
* provided community service to students at Enterprise High School, Enterprise, AL
* received the Army Achievement Medal during the unit organizational inspection program

   g.  When he deployed to Afghanistan in 2007, he conducted sick call, managed injured Soldiers from outlying Forward Operating Bases (FOBs), and provided assistance to the forward surgical teams.  One of his first encounters outside the FOB was to another company.  After arrival, they hoisted the body of a young Soldier who had been killed in action.  The Soldier had a horrific expression frozen on his face and he tried his best to shield the view from other Soldiers.  When he treated a wounded staff sergeant (SSG), the SSG saw the dead Soldier and began to cry.  He was respected by the Soldiers in the company because he endured the same hardships they did and because he was their doctor; they knew he would do everything in his power to help them if they were injured.  At one time, he had to attend five consecutive funeral services on the FOB.
   
   h.  Another time, he convoyed with the designated company commander on a good-will mission.  As they left the village, one of the lead vehicles was hit by an improvised explosive device.  He could smell burning flesh as he tried to extract a charred torso from the wreckage.  This was the first death of the unit that had just arrived to replace his unit and he regretted not being strong enough to pull the body from the wreckage faster.
   
   i.  Following his deployment, he started the Family Medicine Residency at Womack Army Medical Center (WAMC), Fort Bragg, NC, in a severe deficit.  He was expected to perform at an advanced level despite not knowing the working dynamics at WAMC, and he did not feel the support from the staff in preparing for the USMLC Step III exam.  He felt alienated and defensive.  In the eyes of everyone around him, he was a seasoned combat veteran and expected to automatically adjust and pick-up the pace.  Therefore, he struggled in silence.

	j.  With the support of a nurturing command at the USAARL, Fort Rucker, AL, he was able to emotionally heal and seek out mental health [treatment] at LAHC, Fort Rucker, AL. 

3.  The applicant provides:

* six memoranda
* a page titled Findings and Recommendations Worksheet
* three pages of email
* a page titled Curriculum Vitae
* nine DA Forms 67-9 (OERs)
* two DA Forms 1059 (Service School Academic Evaluation Report (AER))
* a page titled APLSS website
* a State of Virginia Medicine & Surgery License
* a certificate
* a fiscal year 2013 (FY13) promotion board schedule
* a page titled Promotion
* three statements of support

CONSIDERATION OF EVIDENCE:

1.  With respect to the GOMOR's removal or transfer: 

	a.  Army Regulation 15-185, the regulation under which the Army Board for Correction of Military Records (ABCMR) operates, states in section II, paragraph 2-5, the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  There is no evidence that the applicant has submitted a request to the Department of the Army Suitability Evaluation Board (DASEB) for the removal or transfer of the GOMOR and he was denied relief.  

	b.  Since the applicant has not exhausted his administrative remedies, the issue pertaining to the removal or transfer of the GOMOR will not be discussed further in this Record of Proceedings.  

2.  Having had prior active service, the applicant's records show he was appointed as a captain Reserve officer and he entered active duty on 13 July 1999.  He served in Afghanistan from on or about August 2007 to August 2008.  He served in staff and leadership positions and he was promoted to the rank/grade of major (MAJ)/O-4 in the Regular Army on 8 June 2009.  He was assigned for Graduate Medical Education (GME) to WAMC, Fort Bragg, NC, in August 2009.

3.  During the month of July 2010, the applicant received the contested OER, an annual OER, which covered 12 months of rated time from 1 June 2009 through 31 May 2010 for his duties while serving as a second-year resident in the Family Medicine Residency Program.  His rater was a lieutenant colonel (LTC) and his senior rater was a colonel (COL).  The OER shows the following entries:

	a.  In Part IVa (Performance Evaluation - Professionalism – Army Values), the rater placed an "X" in the "Yes" block for all seven values.

	b.  In Part IVb (Performance Evaluation – Professionalism - Leader Attributes/
Skills/Actions), the rater placed an "X" in all of the "Yes" blocks."

	c.  In Part Va (Performance Potential Evaluation), the rater placed an "X" in the "Outstanding Performance - Must Promote" block and entered comments in Part Vb as follows, in part:

[Applicant] has consistently distinguished himself as the quintessential Soldier-doctor.  He is a team player who supports all the missions given to him in addition to his strong self-motivation.  He is well respected by his peers.  He has shown consistent improvement on each academic rotation.  He has displayed leadership through the teaching of physician assistant, medical students, and new interns.  With the passing of the USMLE Step III examination, he is now a fully licensed physician.

	d.  In Part VIIa (Senior Rater), the Senior Rater placed an "X" in the "Best Qualified” block and entered the following comments, in part:

[Applicant] successfully completed a difficult year in one of the Army’s most demanding residency programs.  He combined clinical skill, a superior work ethic, and corporate leadership experience to stand out among his peers.  Continue to challenge this Soldier-physician by placing in positions of increasing clinical and leadership responsibility.  Promote with peers.

4.  This annual OER was not a referred OER (emphasis added).  The OER was subsequently signed by the rating officials and the applicant, and processed at the U.S. Army Human Resources Command (HRC).  The OER is currently filed on the performance section of his AMHRR.

5.  The applicant provides three statements of support, dated:

   a.  5 March 2013, wherein the Aeromedical Psychologist, LAHC, Fort Rucker, AL, stated, in part, the applicant self-referred himself for a mental health evaluation on 29 February 2012 to better understand how his experiences while in Afghanistan contributed to his difficulties during his Family Medicine Residency in 2009 to 2010.  He made quick progress toward resolving his previous symptoms and maladaptive behaviors and was currently exhibiting no signs of combat-operational stress/anxiety or post-traumatic stress disorder (PTSD).  

   b.  6 March 2013, wherein a counselor with the Department of Behavioral Health, U.S. Army Aeromedical Center, Fort Rucker, AL, stated the applicant participated in the cognitive processing therapy (CPT) group for 14 weeks from April through August 2012.  CPT was a well-researched treatment mode for individuals with symptoms of post-combat stress and PTSD.  During that time, the applicant gained significant insight into the impact of specific combat experiences on his functioning upon return from his deployment.  He had shown a positive response to the CPT treatment and his prognosis was very favorable.  There was no doubt that he would continue to utilize the skills he gained and to make them work for him as he continues to serve.
   
   c.  11 June 2013, wherein the Commander, USAARL, Fort Rucker, AL, stated, in part, the applicant was an exceptional flight surgeon whose performance at USAARL had been truly exemplary.  He had maintained an enormous capacity of professionalism and selfless dedication, especially during these arduous times as he regained his reputation as a military leader and officer.  The applicant’s ability to remain resilient and focus on USAARL’s mission had resulted in his by-name request to conduct critical tri-service training.  He had received many accolades as a research physician, clinician, mentor, and motivator.  His career was on track for residency in Aerospace Medicine.
   
6.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies for completing evaluation reports that support the Evaluation Reporting System.  

	a.  Paragraph 1-9 states Army evaluation reports are assessments on how well the rated Soldier met duty requirements and adhered to the professional standards of the Army officer or noncommissioned officer corps.  Performance will be evaluated by observing action, demonstrated behavior, and results from the point of view of the values, leadership framework and responsibilities identified on the evaluation forms, and counseling forms.  Potential evaluations will be performance-based assessments of the rated officers of the same grade to perform in positions of greater responsibility and/or higher grades.

	b.  Paragraph 3-39 states, in pertinent part, evaluation reports accepted for inclusion in the official record of a Soldier are presumed to be administratively correct, been prepared by the proper rating officials, and represent the considered opinion and objective judgment of rating officials at the time of preparation.  

	c.  Paragraph 6-11a states the burden of proof rests with the appellant to justify deletion or amendment of a report.  The appellant will produce evidence that establishes clearly and convincingly that the presumption of regularity will not be applied to the report under consideration, and action is warranted to correct a material error, inaccuracy, or injustice.  Clear and convincing evidence will be of a strong and compelling nature, not merely proof of the possibility or administrative error or factual inaccuracy.  If the adjudication authority is convinced that an appellant is correct in some or all of the assertions, the clear and convincing standard has been met with regard to those assertions. 

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the OER the applicant received for the rating period 1 June 2009 to 31 May 2010 was not a referred OER.  He received an “outstanding performance, must promote” block by his rater and a “best qualified” block by his senior rater.  The OER does not contain any negative comments and the applicant has not submitted any argument or evidence that shows the OER contained any material error, inaccuracy, or injustice related to the report at the time it was rendered.  Therefore, he is not entitled to the requested relief.

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)                                         AR20130011467





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ABCMR Record of Proceedings (cont)                                         AR20130011467



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