IN THE CASE OF:	

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20150003679 


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 transfer of a general officer memorandum of reprimand (GOMOR), dated 12 January 2012, and allied documents from the performance folder to his restricted folder in his Official Military Personnel File (OMPF).

2.  The applicant states:

	a.  He received a GOMOR due to a civilian conviction in November 2009.  The GOMOR led to a retention board that determined he would be retained in the Active Guard Reserve.

	b.  All files are located in the performance folder of his OMPF.

	c.  He is introducing new medical information (post-traumatic stress disorder (PTSD) and methicillin-resistant staphylococcus aureus (MRSA)) that may not have been considered when the final determination was made, regardless of the Department of the Army Suitability Evaluation Board (DASEB) decision to transfer the GOMOR and civilian conviction documents to the restricted folder of his OMPF.

	d.  At the time of the infraction several medical conditions were affecting his resiliency and decision-making skills.  He was unknowingly suffering from PTSD and MRSA as a result of emergency support of Operation Pacific Wave first responder teams for the tsunami in American Samoa in September 2009.  This incident occurred within 1 month after his unit returned from deployment in support of Operation Iraqi Freedom.

	e.  Upon returning to the United States in March 2010, he sought treatment for MRSA within 1 month and help for PTSD in November 2011.  He has since proven through his performance and receipt of medical support that he adds value to his organization and the Army as a whole.

	f.  On 3 September 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each and every petition brought regarding discharge under other than honorable conditions (UOTHC) upgrade requests by veterans claiming PTSD.

3.  The applicant provides:

* laboratory report, dated 5 April 2010 (MRSA diagnosis)
* memorandum from licensed master social worker, dated 27 July 2011 (PTSD diagnosis)
* DA Form 3349 (Physical Profile) 
* memorandum for award of the Humanitarian Service Medal (HSM) and related documents

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve on 28 December 2000.  He was promoted to:

* first lieutenant on 28 June 2002
* captain on 1 May 2004
* major on 26 June 2009

2.  He provided documentation, dated 2010, which shows he was awarded the HSM for participating in Operation Pacific Wave during the period 29 September 2009 to 10 October 2009 (humanitarian relief assistance provided to the Territory of American Samoa following an 8.3-magnitude earthquake and tsunami on 29 September 2009).

3.  His records contain a court order (judgment and sentence), dated 21 April 2010, which shows he tendered a no contest plea to the charge of driving while under the influence of alcohol in the District Court of American Samoa.



4.  On 12 January 2012, he received a GOMOR for:

* the driving while intoxicated civil conviction in American Samoa on 31 January 2010
* fleeing the scene of an accident
* not consenting to a breathalyzer at the request of police
* damaging both a government and civilian vehicle
* failing to report his conviction

5.  The commanding general directed permanently filing the GOMOR in the applicant's OMPF.

6.  He provided a DA Form 3349, dated 9 February 2012, which shows he was issued a temporary physical profile rating of 2 in the psychiatric factor for PTSD.

7.  In September 2013, a Field Board of Inquiry held on 15 December 2012 recommended the applicant's retention in the U.S. Army Reserve.

8.  In September 2014, he submitted a request to the DASEB to remove the GOMOR from his OMPF or transfer it to the restricted folder of his OMPF.

9.  In December 2014, the DASEB voted to approve transfer of the GOMOR to the restricted folder of his OMPF.

10.  In February 2015, the Deputy Assistant Secretary of the Army (DASA) (Review Boards) rejected the DASEB's decision to transfer the GOMOR to the restricted folder and directed its retention in the performance folder of his OMPF.

11.  A review of the performance folder of his OMPF in the integrated Personnel Electronic Records Management System (iPERMS) revealed a copy of the GOMOR in question.

12.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.

13.  Army Regulation 600-8-104, appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or iPERMS), and the U.S. Army Human Resources Command website provides a listing of documents authorized for filing in iPERMS.  It states to file letters of reprimand, censure, or admonition in the performance folder unless directed otherwise by the DASEB.

14.  PTSD can occur after someone goes through a traumatic event like combat, assault, or disaster.  The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American Psychiatric Association (APA) and provides standard criteria and common language for the classification of mental disorders.  In 1980, the APA added PTSD to the third edition of its DSM nosologic classification scheme.  Although controversial when first introduced, the PTSD diagnosis has filled an important gap in psychiatric theory and practice.  From a historical perspective, the significant change ushered in by the PTSD concept was the stipulation that the etiological agent was outside the individual (i.e., a traumatic event) rather than an inherent individual weakness (i.e., a traumatic neurosis).  The key to understanding the scientific basis and clinical expression of PTSD is the concept of "trauma."

15.  PTSD is unique among psychiatric diagnoses because of the great importance placed upon the etiological agent, the traumatic stressor.  In fact, one cannot make a PTSD diagnosis unless the patient has actually met the "stressor criterion," which means that he or she has been exposed to an event that is considered traumatic.  Clinical experience with the PTSD diagnosis has shown, however, that there are individual differences regarding the capacity to cope with catastrophic stress.  Therefore, while most people exposed to traumatic events do not develop PTSD, others go on to develop the full-blown syndrome.  Such observations have prompted the recognition that trauma, like pain, is not an external phenomenon that can be completely objectified.  Like pain, the traumatic experience is filtered through cognitive and emotional processes before it can be appraised as an extreme threat.  Because of individual differences in this appraisal process, different people appear to have different trauma thresholds, some more protected from and some more vulnerable to developing clinical symptoms after exposure to extremely stressful situations.

16.  The fifth edition of the DSM was released in May 2013.  This revision includes changes to the diagnostic criteria for PTSD and acute stress disorder.  The PTSD diagnostic criteria were revised to take into account things that have been learned from scientific research and clinical experience.  The revised diagnostic criteria for PTSD include a history of exposure to a traumatic event that meets specific stipulations and symptoms from each of four symptom clusters:  intrusion, avoidance, negative alterations in cognitions and mood, and alterations in arousal and reactivity.  The sixth criterion concerns duration of symptoms, the seventh criterion assesses functioning, and the eighth criterion clarifies symptoms as not attributable to a substance or co-occurring medical condition.

	a.  Criterion A – Stressor:  The person was exposed to:  death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence, as follows (one required):

		(1)  direct exposure;

		(2)  witnessing, in person;

		(3)  indirectly, by learning that a close relative or close friend was exposed to trauma.  If the event involved actual or threatened death, it must have been violent or accidental; or

		(4)  repeated or extreme indirect exposure to aversive details of the event(s), usually in the course of professional duties (e.g., first responders collecting body parts, professionals repeatedly exposed to details of child abuse).  This does not include indirect non-professional exposure through electronic media, television, movies, or pictures.

	b.  Criterion B – Intrusion Symptoms:  The traumatic event is persistently re-experienced in the following way(s) (one required):

		(1)  recurrent, involuntary, and intrusive memories;

		(2)  traumatic nightmares;

		(3)  dissociative reactions (e.g., flashbacks) which may occur on a continuum from brief episodes to complete loss of consciousness;

		(4)  intense or prolonged distress after exposure to traumatic reminders; or

		(5)  marked physiologic reactivity after exposure to trauma-related stimuli.

	c.  Criterion C – Avoidance:  Persistent effortful avoidance of distressing trauma-related stimuli after the event (one required):

		(1)  trauma-related thoughts or feelings or

		(2)  trauma-related external reminders (e.g., people, places, conversations, activities, objects, or situations).

	d.  Criterion D – Negative Alterations in Cognitions and Mood:  Negative alterations in cognitions and mood that began or worsened after the traumatic event (two required):

		(1)  inability to recall key features of the traumatic event (usually dissociative amnesia; not due to head injury, alcohol, or drugs);

		(2)  persistent (and often distorted) negative beliefs and expectations about oneself or the world (e.g., "I am bad," "The world is completely dangerous");

		(3)  persistent distorted blame of self or others for causing the traumatic event or for resulting consequences;

		(4)  persistent negative trauma-related emotions (e.g., fear, horror, anger, guilt, or shame);

		(5)  markedly diminished interest in (pre-traumatic) significant activities, feeling alienated from others (e.g., detachment or estrangement); and

		(6)  constricted affect, persistent inability to experience positive emotions.

	e.  Criterion E – Alterations in Arousal and Reactivity:  Trauma-related alterations in arousal and reactivity that began or worsened after the traumatic event (two required):

		(1)  irritable or aggressive behavior;

		(2)  self-destructive or reckless behavior;

		(3)  hypervigilance;

		(4)  exaggerated startle response;

		(5)  problems in concentration; and 

		(6)  sleep disturbance.

	f.  Criterion F – Duration:  Persistence of symptoms (in Criteria B, C, D, and E) for more than 1 month.

	g.  Criterion G – Functional Significance:  Significant symptom-related distress or functional impairment (e.g., social, occupational).

	h.  Criterion H – Exclusion:  Disturbance is not due to medication, substance use, or other illness.

17.  As a result of the extensive research conducted by the medical community and the relatively recent issuance of revised criteria regarding the causes, diagnosis, and treatment of PTSD, the Department of Defense (DOD) acknowledges that some Soldiers who were administratively discharged UOTHC may have had an undiagnosed condition of PTSD at the time of their discharge.  It is also acknowledged that in some cases this undiagnosed condition of PTSD may have been a mitigating factor in the Soldiers' misconduct which served as a catalyst for their discharge.  Research has also shown that misconduct stemming from PTSD is typically based upon a spur of the moment decision resulting from a temporary lapse in judgment; therefore, PTSD is not a likely cause for either premeditated misconduct or misconduct that continues for an extended period of time.

18.  On 3 September 2014, in view of the foregoing information, the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations, and mitigating factors when taking action on applications from former service members administratively discharged UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicants' service.

19.  BCM/NRs are not courts, nor are they investigative agencies.  Therefore, the determinations will be based upon a thorough review of the available military records and the evidence provided by each applicant on a case-by-case basis.  When determining if PTSD was the causative factor for an applicant's misconduct and whether an upgrade is warranted, the following factors must be carefully considered:

* is it reasonable to determine that PTSD or PTSD-related conditions existed at the time of discharge?
* does the applicant's record contain documentation of the occurrence of a traumatic event during the period of service?
* does the applicant's military record contain documentation of a diagnosis of PTSD or PTSD-related symptoms?
* did the applicant provide documentation of a diagnosis of PTSD or PTSD-related symptoms rendered by a competent mental health professional representing a civilian healthcare provider?
* was the applicant's condition determined to have existed prior to military service?
* was the applicant's condition determined to be incurred during or aggravated by military service?
* do mitigating factors exist in the applicant's case?
* did the applicant have a history of misconduct prior to the occurrence of the traumatic event?
* was the applicant's misconduct premeditated?
* how serious was the misconduct?

20.  Although DOD acknowledges that some Soldiers who were administratively discharged UOTHC may have had an undiagnosed condition of PTSD at the time of their discharge, it is presumed that they were properly discharged based upon the evidence that was available at the time.  Conditions documented in the records that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge.  In cases in which PTSD or PTSD-related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the UOTHC characterization of service.  BCM/NRs will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of UOTHC.  Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct.  PTSD is not a likely cause of premeditated misconduct.  BCM/NRs will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, a major, received a GOMOR for:

* the driving while intoxicated civil conviction in American Samoa on 31 January 2010
* fleeing the scene of an accident
* not consenting to a breathalyzer at the request of police
* damaging both a government and civilian vehicle
* failing to report his conviction

2.  He contends the GOMOR should be transferred to the restricted folder of his OMPF because at the time of the infraction several medical conditions were affecting his resiliency and decision-making skills (he was suffering from PTSD and MRSA as a result of emergency support of Operation Pacific Wave first responder teams for the tsunami in American Samoa in September 2009).

3.  The applicant's diagnosis of PTSD and MRSA are acknowledged.  However, there is no evidence indicating the traumatic events he experienced led to the serious misconduct that ultimately resulted in his GOMOR.

4.  The governing regulation states administrative letters of reprimand will be filed in the performance folder of the OMPF unless directed otherwise by the DASEB.

5.  In 2013, the DASEB voted to approve transfer of the GOMOR to the restricted folder of his OMPF; however, the DASA (Review Boards) rejected the DASEB's decision to transfer the GOMOR to the restricted folder and directed its retention in the performance folder of his OMPF.

6.  There is no evidence that the GOMOR was improperly imposed.

7.  The GOMOR is properly filed in the performance folder of his OMPF.

8.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20150003679



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ABCMR Record of Proceedings (cont)                                         AR20150003679



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