lauracurtiss

ISSUES IN ADMINISTRATIVE DISHARGE CASE OF SGT ADAM BOYLE Jason Perry, Attorney http://www.peblawyer.com/attorney_profile.html SGT Boyle's administrative separation violated his Constitutional Due Process rights, Army Regulations, and was patently illegal. Legal Errors 1. The Army faile d to refer SGT Boyle's case to the Physical Evaluation Board SGT Boyle's administrative separation is prohibited by AR 635-200, Paragraph 14–17, g., which states that in cases where a separation for misconduct is recommended by an administrative board, disposition through medical channels is required if the "Soldier has an incapacitating physical or mental illness that was the direct or substantial contributing cause of the conduct, and action under the UCMJ is not initiated. A copy of the signed decision by the GCMCA will be included with the records." (Emphasis added). The Administrative Separation Board did not address this issue and the General Court-Martial Convening Authority (GCMCA) failed to make findings about the impact of SGT Boyle's condition on his conduct. No signed decision by the GCMCA was included with the records. 2. The findi ngs of the Administrative Separation Board were based on an incomplete record The Administrative Separation Board denied SGT Boyle's assigned military counsel's request for a delay until records from his Medical Evaluation Board (MEB) could be submitted. The separation board convened on October 29, 2008, and the MEB was approved on the same day. The Narrative Summary, which contains the detailed findings of the MEB physician, was completed on October 23, 2008, well before the hearing. The Narrative Summary stated that SGT Boyle has Chronic PTSD, "a severe psychiatric condition," and that his condition fails retention standards under AR 40-501. The MEB further recommended that the "Service member should be referred to the Physical Evaluation Board for further adjudication and requires the duty limitations specified on the attached DA Form 3349." This information should have been considered by the Administrative Separation Board. It was required to have been considered by the GCMCA. In addition, SGT Boyle's Enlisted Record Brief (ERB) considered by the board was more than 6 months old and was incomplete. Specifically, his latest Army Achievement Medal was not listed on his brief. An updated ERB was requested by military defense counsel. This was not provided, even though this record is readily available to the command via a Department of the Army web based computer application. This failure meant that the Administrative Separation Board and the GCMCA did not have an accurate basis to make findings regarding the proper discharge characterization. 3. The Army failed to give SGT Boyle the required rehabilitative transfer Army Regulation 635-200, Paragraph 1-16,c. requires that prior to initiating an administrative separation for a pattern of misconduct, the Soldier must be transferred to a new unit for at least 3 months to provide him an opportunity to rehabilitate. The GCMCA may waive the rehabilitation requirements "where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality soldier." Id. However, in SGT Boyle's case, no such rehabilitation or waiver was made. Furthermore, Dr. George Krolick, Ph.D.,Clinical Psychologist, stated in his May 8, 2008 evaluation that "it is likely that efforts to rehabilitate or develop this individual into a satisfactory member of the military will be successful." Note that SGT Boyle was not alleged to have engaged in misconduct after this date and in the 9 months preceding his discharge. This shows that not only was rehabilitation likely to succeed, but that even in the absence of a rehabilitative transfer, he was actually rehabilitated. Compounding the failure to transfer SGT Boyle prior to initiating a separation, the Administrative Separation Board found that his chain of command failed to properly address the pattern of misconduct ("what helped mitigate this was the testimony from your chain of command. We felt they could have done a better job of putting a plan of action into effect that might have prevented a pattern." (Page 28). 4. The Admin istrative Separation was illegal punishment SGT Boyle's Commander, who initiated the separation action, testified at the separation hearing that, "The Chapter was paperwork was started because of an incident in Georgia…The Chapter is his punishment for the incident." (Page 11, Administrative Separation Board). Since the separation action was administrative in nature and non-judicial, the procedures used to punish SGT Boyle violated the Uniform Code of Military Justice (UCMJ), Article 15 (Non-Judicial Punishment). Furthermore, the punishment imposed, separation, exceeded the authorized punishment under UCMJ, Article 15. 5. The Army faile d to consider military defense counsel's appeal AR 635-200, Paragraph 2-6., requires that any legal errors identified by the respondent must be reviewed by an officer of the Judge Advocate General's Corps prior to approval of the case by the GCMCA. The Administrative Separation Board hearing occurred on October 29, 2008. On November 6, 2008, SGT Boyle's military defense counsel submitted an appeal requesting retention and referral to a Physical Evaluation Board. The appeal raised the legal error in not referring SGT Boyle to a Physical Evaluation Board. It detailed his honorable service, combat service, the findings of the Medical Evaluation Board, and pointed out that all of the alleged misconduct found by the Separation Board occurred after his return from Iraq. It also detailed the proactive treatment and intervention that SGT Boyle sought to address his conditions. The defense counsel states that she was told that the case had already been approved by the GCMCA and that the appeal could not be considered. This is in spite of the fact that the GCMCA did not approve the case until December 16, approximately 5 weeks later. 6. The Admin istrative Separation Board and the General Court-Martial Convening Authority failed to consider SGT Boyle's complete service record in determining his discharge characterization AR 635-200, Paragraph 3-5 e., requires that the characterization of service "must accurately reflect the nature of service performed…The Soldier's performance of duty and conduct must be accurately evaluated." Paragraph 3-7 a.(2)(d), states, "Unless otherwise ineligible, a soldier may receive an honorable discharge if he/she has, during his/her current enlistment, period of obligated service, or any extensions thereof, received a personal decoration." The ERB that was considered by the Administrative Separation Board was more than 6 months old and did not list his third award of the Army Achievement Medal, earned for his meritorious service in Iraq and during his current enlistment. To have an accurate picture of his military service, SGT Boyle earned two Army Commendation Medals, three Army Achievement Medals, and two Army Good Conduct Medals. The dated and inaccurate ERB deprived the Administrative Separation Board and the GCMCA of the whole picture of SGT Boyle's honorable military service. This error was a violation of his Constitutional Due Process rights and Army Regulations. The Illegal Separation Violated SGT Boyle's Constitutional Due Process Rights and Army Regulations The illegal discharge was stigmatizing and therefore requires the Army to respect SGT Boyle's Constitutional Due Process rights. Federal case law states that these rights include notice of the action and an opportunity for a hearing. Casey v. United States, 8 Cl. Ct. 234 (1985). Without going into the details, the notice given SGT Boyle was defective because the findings by the Administrative Separation Board and the GCMCA included allegations of misconduct that he was not notified of prior to his hearing. This issue aside, the hearing was defective because it did not consider the available findings of the Medical Evaluation Board, violated Army Regulations, was based on incomplete information, and failed to offer SGT Boyle an opportunity to submit matters in his defense after the findings were announced. As discussed previously, the hearing also, separately, violated Army Regulations. Consequences of the Illegal Discharge As a result of his illegal discharge with a General Discharge certificate, SGT Boyle was required to repay his re-enlistment bonus of $18,500. Because he outprocessed with a debt to the Army, SGT Boyle's last paycheck was withheld. He was stripped of his accrued leave, which he could have otherwise taken or sold back to the Army. Without an honorable discharge characterization, he is ineligible for remission of indebtedness (which would cancel his debt), and is disqualified from the federal Unemployment Compensation for Ex-Servicemembers program. His rights to healthcare, compensation, and educational benefits from the Department of Veterans Affairs are now in doubt. He was denied his rights to a Physical Evaluation Board, which could have resulted in military retirement, health care benefits, and other retiree benefits due to his PTSD and migraine-like headaches. SGT Boyle is a decorated twice deployed veteran of the Iraq war. As a result of his combat service he was injured and developed PTSD. Instead of giving him the benefits due to him under the law, the Army illegally separated him with a stigmatizing misconduct discharge. Instead of focusing on recovering from his injuries, he now must figure out where he is going to live, what he is going to do for work, and where he is going to get the treatment he deserves. The United States Army should have helped him. It should have given him the rights due under the Constitution and Army Regulations. Unfortunately, the Army has instead pushed him out without resources and he is left to fend for himself. This is not how we are supposed to treat our Wounded Warriors.

http://www.armytimes.com/news/2009/01/mili...charge_010709w/ My son, SGT Adam Boyle, is the soldier in the story. This has been devastating for him and our family. All Adam has ever dreamed of since 9th grade in high school JROTC (four years, three as an officer) is the Army as a career. It was painful enough to have to give up that dream and Adam has felt so much undeserved shame in feeling he let his country down and the Army and now to do this to him is unbelievably cruel. Those who are being treated the worst are the most loyal and don't come close to believing the military would let them down this way. Adam, after over 8 years in the Army, 4 years of JROTC and 2 tours in Iraq does even come close to knowing how to live in a civilian world. Now he's kicked out on his own, no money, no benefits and even his last paycheck and leave pay (over 60 days) has been taken away. Including the little bit of counseling and meds they had him on to help keep some sanity is also gone. Since his last tour in Iraq he's dealt with constant humiliation and harassment at the hands of those he respected most, even though he was diagnosed with chronic PTSD by their own military docs and recommended for immediate medical discharge (Honorable). We are still in shock but we are also amazed at the support by the groups and people associated with Carissa Picard and Chuck Luther. Chuck is an Iraqi Freedom vet and wrongly diagnosed with pre-existing personality disorder after many years in the military, combat injuries, traumatic brain injury, PTSD, etc... and one of the subjects on a PBS documentary last summer. It was this documentary that lead us to them and also to the fact that this behavior by the military is horribly common. We are so grateful to Carissa and Chuck and their never ending support, to an incredible attorney specializing in the military who is representing Adam pro bono and is outraged at what's been done to my son, our Vermont congressional offices, Sen. Patrick Leahy, Bernie Sanders, and Peter Welch and most of all I thank all those everywhere in the US who have stood up for not only Adam but all our service members/veterans and we wish all of them healing and happy lives. We hope someday they can regain their pride in their service. Laura Curtiss ~ Very Proud Mom of SGT Adam Boyle - former 173rd Airborne Brigade (1st year of war in N Iraq 2003-2004) and just kicked out of 3rd Psychological Operations BN/Airborne of FT Bragg (2nd tour in Ramadi & Fallujah Iraq 2005-2006) PBS Documentary: http://www.pbs.org/now/shows/424/index.html http://www.pbs.org/now/shows/424/transcript.html More on Carissa Picard, Chuck Luther and fight to save our service members and vets suffering combat injuries, and even worse from our own military: http://fight-ptsd.org/Advocacy.html http://www.woundedtimes.blogspot.com/2008/...092;s-says.html http://www.armytimes.com/news/2009/01/mili...charge_010709w/ http://www.bloggernews.net/119335 http://www.namguardianangel.com/ http://www.woundedtimes.blogspot.com/2009/...-\yet.html PICTURES_FROM_CD_MARCH_2007_702.bmp