IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20140005792
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 permanent removal of General Court-Martial Order Number 2, dated 15 May 2012, from his records.
2. The applicant states:
a. While he does not dispute his guilt, he believes the record to be unjust due to undiagnosed medical conditions at the time of the incident. Soon after the court-martial proceeding in February 2012, he was diagnosed with depression which was the result of undiagnosed and previously untreated post-traumatic stress disorder (PTSD). While his symptoms have improved, he is still undergoing treatment.
b. In August 2012, he was diagnosed with epilepsy. While being tested it was determined he had a 2.5 centimeter arachnoid cyst on his right frontal lobe. While the cyst is not life threatening, damages or pressure in this area of the brain can have an impact on an individual's abilities to make good choices and an individuals ability to recognize consequences are often impaired.
c. Due to these issues, the Army has determined that he is unfit for service and recommended him for a Medical Evaluation Board. Based on his evaluations prior to the incident, his actions were outside his normal behavior and he believes had his medical condition been known prior to his court-martial, the outcome would have been different.
3. The applicant provides:
* a memorandum
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* a letter
* 3 DA Forms 67-9 (Officer Evaluation Report)
* 4 DA Forms 2166-8 (Noncommissioned Officer Evaluation Report)
* DA Form 4037 (Officer Record Brief)
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant was appointed as a Reserve Warrant Officer of the Army on 10 July 2009.
2. The performance section of his Army Military Human Resource Record (AMHRR) contains General Court-Martial Order Number 2, dated 15 May 2012, issued by Headquarters, U.S. Army Garrison, Fort Belvoir, Fort Belvoir, VA, wherein it shows the applicant pled guilty and was found guilty of two specifications of stealing money on or about 6 August 2011 of a value of about $500.00 and two specifications of wrongfully obtaining social security numbers to change the pin numbers of two Soldier's government travel cards on or about 6 August 2011, conduct that was unbecoming an officer and a gentleman.
3. The applicant provides:
a. A memorandum from his company commander who attests to having worked closely with the applicant for the past two years. He believes if the applicant's medical conditions had been known prior to the incident, the applicant would not have been recommended for court-martial. He further states the applicant's actions leading up to the court-martial were totally uncharacteristic of him and severely influenced by his medical conditions.
b. An SF 600, dated 16 October 2012, that shows he was diagnosed with epilepsy and recurrent seizures, new onset seizure disorder, probably with breakthrough seizure 13 October 2012. This document also notes a small, 2.5cm right frontal arachnoid cyst was revealed with an otherwise normal magnetic resonance imaging of his brain.
c. A letter from his staff neurologist who stated he informed the applicant of the association between epilepsy and depression. In addition, coping with a chronic illness and medication side effects may contribute to mood changes.
d. Evaluation reports which consistently show the applicant as "best qualified" or "among the best."
4. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the AMHRR. Table B-1 is the authoritative source for documents required for filing in the AMHRR and its subsequent folders. This table shows that court-martial orders are filed in the "performance" folder when there is an approved finding of guilty on at least one specification.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for permanent removal of General Court-Martial Order Number 2, dated 15 May 2012, from his records was carefully considered.
2. The regulatory guidance states to file a court-martial order in the performance section of the AMHRR when there is an approved finding of guilty on at least one specification. General Court-Martial Order Number 2, dated 15 May 2012, shows the applicant was found guilty of two specifications of stealing money of a value of about $500.00 on or about 6 August 2011 and two specifications of wrongfully obtaining social security numbers to change the pin numbers of two Soldier's government travel cards on or about 6 August 2011.
3. The applicant provided an SF 600, dated 16 October 2012, that shows he was diagnosed with epilepsy and recurrent seizures, new onset seizure disorder, probably with breakthrough seizure 13 October 2012. This document also notes a small, 2.5cm right frontal arachnoid cyst was revealed with an otherwise normal magnetic resonance imaging of his brain.
4. However, the misconduct for which the applicant was convicted occurred on or about 6 August 2011, more than a year prior to the onset of his epilepsy/seizure disorder and the finding of the cyst. There is insufficient evidence to show his medical conditions were contributory toward his misconduct.
5. Notwithstanding the applicant's contentions, the general court-martial order is properly filed in the performance section of his AMHRR. Therefore, there is no basis for granting the applicant's request to remove the order from his AMHRR.
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) AR20140005792
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ABCMR Record of Proceedings (cont) AR20140005792
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