BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021602 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) by:

* Showing his overseas dates of service
* Upgrading his characterization of service to honorable or to general, under honorable conditions
* Showing he was medically unfit for retention

2.  The applicant states he was activated on 28 February 2011 and was subsequently stationed in Iraq.  He did not return to the United States until 
30 June 2011.  He remained on active duty until 24 September 2012.  He has 
20 years of exemplary service.  He had a psychotic breakdown while on his third deployment to a war zone.  He should have received medical care for post traumatic stress disorder (PTSD) and given a medical discharge.  He contends that his medical evidence substantiates his diagnosis of PTSD.  He has been an exemplary Soldier until the breakdown he had in Iraq.  He had been afraid to seek medical attention before this breakdown for fear of being put out of the Army.  He feels his more than 20 years of great service far outweighs his mental breakdown and subsequent actions.

3.  The applicant provides copies of:

* DD Form 214 (Member Copy 1) ending on 15 December 1992
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 9 July 1999
* DD Form 214 (Member Copy 1) ending on 5 November 2003
* DD Form 214 (Member Copy 1) ending on 31 October 2007, with continuation page
* DD Form 214 (Member Copy 4) ending on 24 September 2012
* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report), for the period October 1997 to November 1998
* DA Form 67-9 (Officer Evaluation Report (OER)) for the period 10 July 1999 to 9 July 2000
* DA Form 67-9 for the period 10 July 2000 to 9 July 2001
* DA Form 67-9 for the period 10 July 2001 to 9 July 2002
* DA Form 67-9 for the period 10 July 2002 to 21 February 2003
* DA Form 67-9 for the period 22 February 2003 to 15 October 2003
* DA Form 67-9 for the period 16 October 2003 to 15 October 2004
* DA Form 67-9 for the period 16 October 2004 to 15 October 2005
* DA Form 67-9 for the period 16 October 2005 to 16 March 2006
* DA Form 67-9 for the period 17 March 2006 to 7 August 2006
* DA Form 67-9 for the period 8 August 2006 to 14 March 2007
* DA Form 67-9 for the period 15 March 2007 to 14 March 2008
* DA Form 67-9 for the period 15 March 2008 to 6 December 2008
* DA Form 67-9 for the period 7 December 2008 to 6 December 2009
* DA Form 67-9 for the period 7 December 2009 to 6 December 2010
* Orders 11-037-00106, 330th Medical Brigade, dated 6 February 2011
* Orders A-06-114116, Landstuhl Regional Medical Center, dated 30 June 2011
* Physician Discharge Summary for hospital admission on 25 June 2011 and hospital discharge on 1 July 2011
* Patient Movement Record -Progress Note, dated 25 June 2011
* Patient Movement Record forms (20 pages not completed)
* Patient Movement Request and Record (10 pages) dated 1 July 2011
* Orders A-06-114116A01, Landstuhl Medical Center, dated 6 July 2011
* Memorandum from U.S. Army Human Resources Command (HRC), Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 13 October 2011
* Letter from a clinical psychologist to the Deputy Commander, 18th Airborne Corps, dated 28 January 2012 (4 pages)
* Orders A-03-205679, HRC, dated 26 March 2012
* Orders A-03-205679A01, HRC, dated 26 March 2012
* Department of Veterans Affairs (VA) Review PTSD Disability Benefits Questionnaire (6 pages), dated 20 June 2013



CONSIDERATION OF EVIDENCE:

1.  Records show that on or about 7 December 2008, the applicant was assigned as a captain, pay grade O-3, U. S. Army Reserve (USAR), with the 801st Combat Support Hospital, Fort Sheridan, Illinois.

2.  Orders 11-037-00106, 330th Medical Brigade, dated 6 February 2011, ordered the applicant to active duty as a member of his Reserve Component unit.  He was given a report date of 28 February 2011 to Fort Sheridan, Illinois.  He was mobilized in support of Operation New Dawn (Iraq).  The period of his active duty was 400 days.

3.  Orders LS-070-0027, Installation Management Command, dated 11 March 2011, deployed the applicant in a temporary change of station (TCS) status as a member of the 801st Medical Hospital, Detachment 10.  His proceed date was 
27 March 2011.  His demobilization station, as amended by subsequent orders, was Fort Dix, New Jersey.

4.  On 22 March 2011, the applicant was promoted to major, pay grade O-4.

5.  Orders A-06-114116, Landstuhl Regional Medical Center (LRMC), dated 
30 June 2011, directed the applicant, in a TCS status, as a medical evacuation, to Dewitt Army Community Hospital, For Belvoir, Virginia, for medical treatment.  He was given a report date of 30 June 2011, and an end date of 20 July 2011 (not to exceed 21 days).  His assigned unit remained the 801st Medical Hospital, Detachment 10.  This order was subsequently amended to change his place of medical treatment from Fort Belvoir to Womack Army Medical Center, Fort Bragg, North Carolina.

6.  On or about 30 June 2011, physicians at LRMC diagnosed the applicant with having an adjustment disorder with anxiety.

7.  DA Form 67-9, as filed in the applicant's Official Military Personnel File (OMPF) for the period 3 April to 3 September 2011, reports that he was relieved for cause as the Chief Nurse/Executive Officer, while deployed to Iraq.  He had undermined his unit by creating a hostile work environment to include exhibiting poor behavior towards fellow Soldiers.  He had revealed a lack of ethical conduct that included harassment and intimidation of Soldiers and the falsification of records.  He was accused of assault and disobeying direct orders.  Court-martial proceedings had been initiated.

8.  Records at Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire pay/imminent danger pay and combat zone tax exclusion for the period 2 April to 30 July 2011.

9.  On 28 January 2012, a clinical psychologist stated in a 4-page letter, her diagnosis of the applicant and recommendations.

	a.  The applicant underwent psychometric assessment resulting in the following findings:

* Beck anxiety Inventory: Score of 45.  Scores greater than 36 suggest persistent and excessively high levels of anxiety impacting all areas of daily functioning, both mentally and physically
* Beck Depression Inventory: Score of 45.  This is indicative of extreme clinical depression and need for immediate and intensive psychological intervention
* "PCL-M:" Score of 68.  Scores greater than 50 are suggestive of a formal diagnosis of PTSD

	b.  The applicant's diagnosis was based on a 3-hour intensive clinical interview and the psychometric assessment summarized above.

* AXIS I: PTSD, chronic and severe; 309.81.
* AXIS II: No diagnosis
* AXIS III: chronic, intractable knee and back pain; three fractured cervical vertebrae left meniscal tear and lateral dislocation of left patella (S/P2 surgical knee repairs), and bilateral tinnitus
* AXIS IV: Psyscosocial and environmental problems.  Trust issues with primary support group; occupational problems with access to adequate heathcare services; problems with interactions with legal system
* AXIS V: Global assessment of functioning difficult to assess.  Currently 50; serious symptoms in social and occupational functioning

	c.  Based on findings of clinical interview, comprehensive history, and a brief psychometric assessment, it was evident the applicant suffered from chronic and severe PTSD and a major depressive disorder, severe and recurrent, with suicidal ideation.  He demonstrated a large number of psychological injuries sustained within the wartime theater and precipitated by multiple catastrophic life events, all of which occurred in the line of duty.  The psychologist recommended immediate and intensive psychological treatment in the surrounding area of his home of record.  Concern remained about the continued exposure to threats of Uniform Code of Military Justice (UCMJ) action that will severely exacerbate his psychological conditions.  The psychologist also recommended that when accounting for the applicant's three overseas deployments to wartime theaters and his notable and excellent performance in both command and clinical nursing positions for a duration of 20 years of valiant military service, that he should be granted no less than an honorable discharge.

10.  Orders A-03-205679, and A-03-205679A01, HRC, dated 26 March 2012, ordered the applicant to active duty and directed him to proceed from his then current location to Headquarters Brigade, 44th Medical Center, Fort Bragg, North Carolina.  His report date was 3 April 2012 with a period of active duty of 179 days with an end date of 28 September 2012 or earlier.  A DD Form 214 would be issued upon completion of Uniform Code of Military Justice (UCMJ) actions.  All previous active duty service prior to Rules for Court-Martial (R.M.C.) status will be accounted for in block 18 of the DD Form 214.

11.  On 19 July 2012, the Acting Deputy Assistant Secretary of the Army (Review Boards) reviewed the resignation for the good of the service in lieu of General court-Martial tendered by the applicant.  His resignation was accepted.  The Secretary directed him to be discharged from the United States Army with an Under Other Than Honorable Conditions characterization of service.

12.  On 29 August 2012, the Deputy Assistant Secretary of the Army (Review Boards) reviewed the request for a grade determination pertaining to the applicant.  The Secretary directed that when the applicant becomes eligible and applies for retirement, he will be placed on the Retired List in the pay grade 
of O-3E.

13.  The applicant's separation packet is not available for review.  However, his DD Form 214 ending on 24 September 2012, shows he was released from active duty under the authority of Army Regulation 600-8-24, paragraphs 4-2B and 
4-24A(1), due to resignation in lieu of court-martial due to unacceptable conduct.  He was transferred back to his USAR unit.  He was given an under other than honorable conditions characterization of service.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

15.  Army Regulation 40-501 (Standards of Medical fitness) provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank, or rating.  Performance of duty despite impairment would be considered presumptive evidence of physical fitness.
16.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes the officer transfers from active duty to the Reserve Component (RC) and discharge functions for all officers on active duty for 30 days or more.

	a.  Paragraph 4-2 provides reasons for elimination.  Elimination action may be or will be initiated for misconduct.

	b.  Paragraph 4-3 provides that an officer referred or recommended for elimination under this chapter who does not meet medical retention standards will be processed through both the provisions of this regulation and through the medical evaluation board/physical evaluation board (MEB/PEB) process

	c.  Paragraph 4-24 provides that an officer identified for elimination may, at any time during or prior to the final action in the elimination case, elect to submit a resignation in lieu of elimination.

17.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30% and Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30%.

18.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  However, an award of a higher VA rating does not establish error or injustice on the part of the Army.  The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.  The Army disability rating is to compensate the individual for the loss of a military career.  The VA does not have authority or responsibility for determining physical fitness for military service.  The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability.  Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

* Showing his overseas dates of service
* Upgrading his characterization of service to honorable or to general, under honorable conditions
* Showing he was medically unfit for retention

2.  The applicant argues that he had a psychotic breakdown while on his third deployment to a war zone and should have received medical care for PTSD and a medical discharge.  Unfortunately, the available evidence does not sufficiently show that his misconduct was the direct result of any medical condition.

3.  In the absence of evidence to the contrary, it is presumed that the applicant's request for resignation in lieu of court-martial was conducted in accordance with all applicable laws and regulations.  Therefore, his characterization of service should not be upgraded.

4.  The available evidence clearly shows that the applicant entered active duty on 28 February 2011 and served without a break until he was again ordered to active duty for UCMJ action.  Accordingly, it would be appropriate to show his prior active duty service in the remarks of his last DD Form 214.  Furthermore, it would be appropriate to show his period of deployment in Iraq from 2 April to 
30 June 2011.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  _X_______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in the Remarks block of his DD Form 214:

* SERVICE IN IRAQ: 20120402 -20120630
* Prior active duty service from 20110228 - 20120402



2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading the applicant's characterization of service, or showing that he was medically unfit for retention.




      _______ _   _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)                                         AR20130021602





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ABCMR Record of Proceedings (cont)                                         AR20130021602



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