ptsd Ptsd Victim Booted For ‘misconduct’

[allan]

Note: where are the JAG's on this? where is DOD Pers & wounded warrior programs? http://www.armytimes.com/news/2009/01/mili...charge_010709w/

PTSD victim booted for ‘misconduct’

By Kelly Kennedy - Staff writer

Posted : Wednesday Jan 7, 2009 12:55:53 ESTAfter serving two tours in Iraq — tours filled with killing enemy combatants and watching close friends die — Sgt. Adam Boyle, 27, returned home expecting the Army to take care of him.Instead, service member advocates and Boyle’s mother say his chain of command in the 3rd Psychological Operations Battalion at Fort Bragg, N.C., worked to end his military career at the first sign of weakness.

In October, a medical evaluation board physician at Bragg recommended that Boyle go through the military disability retirement process for chronic post-traumatic stress disorder — which is supposed to automatically earn him at least a 50 percent disability retirement rating — as well as for chronic headaches. The doctor also diagnosed Boyle with alcohol abuse and said he was probably missing formations due to the medications doctors put him on to treat his PTSD.

But in December, Lt. Gen. John Mulholland, commanding general of the U.S. Army Special Operations Command, signed an order forcing Boyle out on an administrative discharge for a “pattern of misconduct,” and ordering that the soldier pay back his re-enlistment bonus.

Last year, after a number of troops diagnosed with PTSD were administratively forced out for “personality disorders” following combat deployments, the Defense Department changed its rules: The pertinent service surgeon general now must sign off on any personality-disorder discharge if a service member has been diagnosed with PTSD.

“Not even a year later, they’re pushing them out administratively for ‘pattern of misconduct,’ ” said Carissa Picard, an attorney and founder of Military Spouses for Change, a group created in response to the personality-disorder cases. “I’m so angry. We’re seeing it all the time. And it’s for petty stuff.”

In Boyle’s case, according to Picard and Boyle’s mother, Laura Curtiss, the soldier had gotten in trouble for missing morning formations and for alcohol-related incidents such as fighting and public drunkenness.

“The whole thing is absurd to me,” Picard said. “They acknowledge that PTSD causes misconduct, and then they boot them out for misconduct.”

Carol Darby, spokeswoman for Special Operations Command, said she could not discuss personnel administrative or medical issues, and that the Army did not have a response to the case as of Tuesday evening.

Doctors first diagnosed Boyle with PTSD after his second deployment ended in 2006, when he moved to a new unit. After he missed his first formation, he said he went in to talk to his first sergeant to explain he was having problems with depression, PTSD and insomnia. But after that, he said, no one ever asked how he was doing.

“They just said, ‘You messed up. Here’s what we’re going to do to you,’ ” Boyle said. “I would have loved it if someone had sat me down and had a heart-to-heart with me. I tried. I stuck with the counseling.”

But counseling at Fort Bragg was also difficult, he said, because there were not enough doctors for more than one counseling session a month, and because he had to explain his story to seven different therapists over two years.

He received two Article 15s, one for not reporting to duty while helping a girlfriend who had been in a car accident, and one for not returning home three days early from leave after drunk-and-disorderly conduct in a bar. Over that time, he said he was also experiencing flashbacks, anger-management and relationship issues, trust issues and guilt.

Picard said she has seen at least a dozen cases of soldiers with PTSD being pushed out for a “pattern of misconduct.”

Chuck Luther, also with Military Spouses for Change, said he’s working on four cases similar to Boyle’s now.

“I’ve seen the office of the surgeon general doing some great things,” Picard said. “But they didn’t intervene in this case. Technically, it’s OK. Morally, is it OK? No. If they’re going to call it a combat injury, they need to treat it, or else people will be afraid to come forward.”

Boyle’s mother gave another reason: “You can hear it in his voice,” Curtiss said. “He can’t believe the Army’s doing this to him. He needs counseling. He needs medication. He needs it even more now because of what they’ve put him through.”

Curtiss contacted Sen. Patrick Leahy, D-Vt., and a spokesman said the senator has been in contact with the Army several times about the case.

Boyle always wanted to be in the Army, Curtiss said, and served in junior ROTC while in high school. He planned to be an officer, worked as psychological operations sergeant, received a Good Conduct Medal and two Army Commendation medals, and wanted to spend his career in the military. Instead, he was twice diagnosed with PTSD and said he enrolled himself in the Army’s substance abuse program and went to group and individual counseling for his disorder, just as he was supposed to.

The administrative discharge means Boyle will have to prove that his PTSD is service-connected when applying for benefits from the Department of Veterans Affairs, and he’s not eligible to immediately receive the counseling he needs through the transition program for service members moving between the military and VA systems.

“The military is creating a societal issue,” Luther said. “These guys come out with no resources, and they’re angry and feeling betrayed. But commanders are thinking, ‘Do I rehabilitate him or do I get rid of him expeditiously so I can replace him with someone who can deploy?’ ”

Paul Sullivan, executive director of Veterans for Common Sense, said the Army should have provided Boyle with legal representation; that Boyle should remain in military therapy until VA processes his claim; that he should get an honorable discharge and go through the disability retirement process; and that the military needs to apply the same rules to “pattern of misconduct” as it does to personality disorders.

“The military should be concerned about the welfare of the soldier,” Sullivan said.

Retired Army Lt. Col. Mike Parker, who has worked as an advocate for service members going through the disability retirement system, said the cases are frustrating because veterans’ groups just fought to get the military to automatically award 50 percent disability ratings for people with PTSD severe enough to force them to leave the service, as is required by law. Many troops with PTSD had been receiving far lower ratings.

“Even though they have this new regulation saying they can’t kick them out for personality disorders, they can still kick them out for misconduct,” he said. “Everything they say, they have an escape clause.”

Mulholland did not respond to a Military Times request for an interview Tuesday morning, but Tuesday afternoon Boyle received word that Mulholland was standing behind his decision.

That means Boyle must repay the Army $18,500 for his re-enlistment bonus. The Army also withheld 65 days’ worth of leave payments and his final paycheck.

“I have nothing,” Boyle said. “After all I did for the Army, they took my money and kicked me to the curb and said, ‘Don’t let the door hit you in the ass.’ ”

"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/

[SFCTRUCKDRIVER]

This disgusts me. this is the exact reason I waited so long to get help with PTSD. The civilian Dr doesnt understand why but with Soldiers getting kicked out instead of helped... What a shame it is if he got a purple heart for a splinter in an attack, he would be covered.

[lauracurtiss]

Note: where are the JAG's on this? where is DOD Pers & wounded warrior programs? http://www.armytimes.com/news/2009/01/mili...charge_010709w/

PTSD victim booted for 'misconduct'

By Kelly Kennedy - Staff writer

Posted : Wednesday Jan 7, 2009 12:55:53 ESTAfter serving two tours in Iraq — tours filled with killing enemy combatants and watching close friends die — Sgt. Adam Boyle, 27, returned home expecting the Army to take care of him.Instead, service member advocates and Boyle's mother say his chain of command in the 3rd Psychological Operations Battalion at Fort Bragg, N.C., worked to end his military career at the first sign of weakness.

In October, a medical evaluation board physician at Bragg recommended that Boyle go through the military disability retirement process for chronic post-traumatic stress disorder — which is supposed to automatically earn him at least a 50 percent disability retirement rating — as well as for chronic headaches. The doctor also diagnosed Boyle with alcohol abuse and said he was probably missing formations due to the medications doctors put him on to treat his PTSD.

But in December, Lt. Gen. John Mulholland, commanding general of the U.S. Army Special Operations Command, signed an order forcing Boyle out on an administrative discharge for a "pattern of misconduct," and ordering that the soldier pay back his re-enlistment bonus.

Last year, after a number of troops diagnosed with PTSD were administratively forced out for "personality disorders" following combat deployments, the Defense Department changed its rules: The pertinent service surgeon general now must sign off on any personality-disorder discharge if a service member has been diagnosed with PTSD.

"Not even a year later, they're pushing them out administratively for 'pattern of misconduct,' " said Carissa Picard, an attorney and founder of Military Spouses for Change, a group created in response to the personality-disorder cases. "I'm so angry. We're seeing it all the time. And it's for petty stuff."

In Boyle's case, according to Picard and Boyle's mother, Laura Curtiss, the soldier had gotten in trouble for missing morning formations and for alcohol-related incidents such as fighting and public drunkenness.

"The whole thing is absurd to me," Picard said. "They acknowledge that PTSD causes misconduct, and then they boot them out for misconduct."

Carol Darby, spokeswoman for Special Operations Command, said she could not discuss personnel administrative or medical issues, and that the Army did not have a response to the case as of Tuesday evening.

Doctors first diagnosed Boyle with PTSD after his second deployment ended in 2006, when he moved to a new unit. After he missed his first formation, he said he went in to talk to his first sergeant to explain he was having problems with depression, PTSD and insomnia. But after that, he said, no one ever asked how he was doing.

"They just said, 'You messed up. Here's what we're going to do to you,' " Boyle said. "I would have loved it if someone had sat me down and had a heart-to-heart with me. I tried. I stuck with the counseling."

But counseling at Fort Bragg was also difficult, he said, because there were not enough doctors for more than one counseling session a month, and because he had to explain his story to seven different therapists over two years.

He received two Article 15s, one for not reporting to duty while helping a girlfriend who had been in a car accident, and one for not returning home three days early from leave after drunk-and-disorderly conduct in a bar. Over that time, he said he was also experiencing flashbacks, anger-management and relationship issues, trust issues and guilt.

Picard said she has seen at least a dozen cases of soldiers with PTSD being pushed out for a "pattern of misconduct."

Chuck Luther, also with Military Spouses for Change, said he's working on four cases similar to Boyle's now.

"I've seen the office of the surgeon general doing some great things," Picard said. "But they didn't intervene in this case. Technically, it's OK. Morally, is it OK? No. If they're going to call it a combat injury, they need to treat it, or else people will be afraid to come forward."

Boyle's mother gave another reason: "You can hear it in his voice," Curtiss said. "He can't believe the Army's doing this to him. He needs counseling. He needs medication. He needs it even more now because of what they've put him through."

Curtiss contacted Sen. Patrick Leahy, D-Vt., and a spokesman said the senator has been in contact with the Army several times about the case.

Boyle always wanted to be in the Army, Curtiss said, and served in junior ROTC while in high school. He planned to be an officer, worked as psychological operations sergeant, received a Good Conduct Medal and two Army Commendation medals, and wanted to spend his career in the military. Instead, he was twice diagnosed with PTSD and said he enrolled himself in the Army's substance abuse program and went to group and individual counseling for his disorder, just as he was supposed to.

The administrative discharge means Boyle will have to prove that his PTSD is service-connected when applying for benefits from the Department of Veterans Affairs, and he's not eligible to immediately receive the counseling he needs through the transition program for service members moving between the military and VA systems.

"The military is creating a societal issue," Luther said. "These guys come out with no resources, and they're angry and feeling betrayed. But commanders are thinking, 'Do I rehabilitate him or do I get rid of him expeditiously so I can replace him with someone who can deploy?' "

Paul Sullivan, executive director of Veterans for Common Sense, said the Army should have provided Boyle with legal representation; that Boyle should remain in military therapy until VA processes his claim; that he should get an honorable discharge and go through the disability retirement process; and that the military needs to apply the same rules to "pattern of misconduct" as it does to personality disorders.

"The military should be concerned about the welfare of the soldier," Sullivan said.

Retired Army Lt. Col. Mike Parker, who has worked as an advocate for service members going through the disability retirement system, said the cases are frustrating because veterans' groups just fought to get the military to automatically award 50 percent disability ratings for people with PTSD severe enough to force them to leave the service, as is required by law. Many troops with PTSD had been receiving far lower ratings.

"Even though they have this new regulation saying they can't kick them out for personality disorders, they can still kick them out for misconduct," he said. "Everything they say, they have an escape clause."

Mulholland did not respond to a Military Times request for an interview Tuesday morning, but Tuesday afternoon Boyle received word that Mulholland was standing behind his decision.

That means Boyle must repay the Army $18,500 for his re-enlistment bonus. The Army also withheld 65 days' worth of leave payments and his final paycheck.

"I have nothing," Boyle said. "After all I did for the Army, they took my money and kicked me to the curb and said, 'Don't let the door hit you in the ass.' "

"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/

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

[Testvet]

Mrs Curtiss thank you for helping your son and telling his story, I can only imagine the pain and hurt you your son and family are going thru. The chain of command was wrong in how they handled this and they know it. He should have gone thru the WTU and been medically discharged at laest 50% and then VA would have rated him higher most likely but he would have been a military retiree and not just a disabled veteran.

Bernie Sanders is a great man and I have a lot of faith in him, I just don't know the others. Carissa Picard is also a very good lawyer and despite her own problems her husband is a deployed helicopter pilot in theater she still helps those less fortunate, that says mountains about her character. She is one of my "hero's" and the nation needs more like her.

Your son has a lot of support in the veterans community, we know he has been shafted

[lauracurtiss]

Note: where are the JAG's on this? where is DOD Pers & wounded warrior programs? http://www.armytimes.com/news/2009/01/mili...charge_010709w/

PTSD victim booted for 'misconduct'

By Kelly Kennedy - Staff writer

Posted : Wednesday Jan 7, 2009 12:55:53 ESTAfter serving two tours in Iraq — tours filled with killing enemy combatants and watching close friends die — Sgt. Adam Boyle, 27, returned home expecting the Army to take care of him.Instead, service member advocates and Boyle's mother say his chain of command in the 3rd Psychological Operations Battalion at Fort Bragg, N.C., worked to end his military career at the first sign of weakness.

In October, a medical evaluation board physician at Bragg recommended that Boyle go through the military disability retirement process for chronic post-traumatic stress disorder — which is supposed to automatically earn him at least a 50 percent disability retirement rating — as well as for chronic headaches. The doctor also diagnosed Boyle with alcohol abuse and said he was probably missing formations due to the medications doctors put him on to treat his PTSD.

But in December, Lt. Gen. John Mulholland, commanding general of the U.S. Army Special Operations Command, signed an order forcing Boyle out on an administrative discharge for a "pattern of misconduct," and ordering that the soldier pay back his re-enlistment bonus.

Last year, after a number of troops diagnosed with PTSD were administratively forced out for "personality disorders" following combat deployments, the Defense Department changed its rules: The pertinent service surgeon general now must sign off on any personality-disorder discharge if a service member has been diagnosed with PTSD.

"Not even a year later, they're pushing them out administratively for 'pattern of misconduct,' " said Carissa Picard, an attorney and founder of Military Spouses for Change, a group created in response to the personality-disorder cases. "I'm so angry. We're seeing it all the time. And it's for petty stuff."

In Boyle's case, according to Picard and Boyle's mother, Laura Curtiss, the soldier had gotten in trouble for missing morning formations and for alcohol-related incidents such as fighting and public drunkenness.

"The whole thing is absurd to me," Picard said. "They acknowledge that PTSD causes misconduct, and then they boot them out for misconduct."

Carol Darby, spokeswoman for Special Operations Command, said she could not discuss personnel administrative or medical issues, and that the Army did not have a response to the case as of Tuesday evening.

Doctors first diagnosed Boyle with PTSD after his second deployment ended in 2006, when he moved to a new unit. After he missed his first formation, he said he went in to talk to his first sergeant to explain he was having problems with depression, PTSD and insomnia. But after that, he said, no one ever asked how he was doing.

"They just said, 'You messed up. Here's what we're going to do to you,' " Boyle said. "I would have loved it if someone had sat me down and had a heart-to-heart with me. I tried. I stuck with the counseling."

But counseling at Fort Bragg was also difficult, he said, because there were not enough doctors for more than one counseling session a month, and because he had to explain his story to seven different therapists over two years.

He received two Article 15s, one for not reporting to duty while helping a girlfriend who had been in a car accident, and one for not returning home three days early from leave after drunk-and-disorderly conduct in a bar. Over that time, he said he was also experiencing flashbacks, anger-management and relationship issues, trust issues and guilt.

Picard said she has seen at least a dozen cases of soldiers with PTSD being pushed out for a "pattern of misconduct."

Chuck Luther, also with Military Spouses for Change, said he's working on four cases similar to Boyle's now.

"I've seen the office of the surgeon general doing some great things," Picard said. "But they didn't intervene in this case. Technically, it's OK. Morally, is it OK? No. If they're going to call it a combat injury, they need to treat it, or else people will be afraid to come forward."

Boyle's mother gave another reason: "You can hear it in his voice," Curtiss said. "He can't believe the Army's doing this to him. He needs counseling. He needs medication. He needs it even more now because of what they've put him through."

Curtiss contacted Sen. Patrick Leahy, D-Vt., and a spokesman said the senator has been in contact with the Army several times about the case.

Boyle always wanted to be in the Army, Curtiss said, and served in junior ROTC while in high school. He planned to be an officer, worked as psychological operations sergeant, received a Good Conduct Medal and two Army Commendation medals, and wanted to spend his career in the military. Instead, he was twice diagnosed with PTSD and said he enrolled himself in the Army's substance abuse program and went to group and individual counseling for his disorder, just as he was supposed to.

The administrative discharge means Boyle will have to prove that his PTSD is service-connected when applying for benefits from the Department of Veterans Affairs, and he's not eligible to immediately receive the counseling he needs through the transition program for service members moving between the military and VA systems.

"The military is creating a societal issue," Luther said. "These guys come out with no resources, and they're angry and feeling betrayed. But commanders are thinking, 'Do I rehabilitate him or do I get rid of him expeditiously so I can replace him with someone who can deploy?' "

Paul Sullivan, executive director of Veterans for Common Sense, said the Army should have provided Boyle with legal representation; that Boyle should remain in military therapy until VA processes his claim; that he should get an honorable discharge and go through the disability retirement process; and that the military needs to apply the same rules to "pattern of misconduct" as it does to personality disorders.

"The military should be concerned about the welfare of the soldier," Sullivan said.

Retired Army Lt. Col. Mike Parker, who has worked as an advocate for service members going through the disability retirement system, said the cases are frustrating because veterans' groups just fought to get the military to automatically award 50 percent disability ratings for people with PTSD severe enough to force them to leave the service, as is required by law. Many troops with PTSD had been receiving far lower ratings.

"Even though they have this new regulation saying they can't kick them out for personality disorders, they can still kick them out for misconduct," he said. "Everything they say, they have an escape clause."

Mulholland did not respond to a Military Times request for an interview Tuesday morning, but Tuesday afternoon Boyle received word that Mulholland was standing behind his decision.

That means Boyle must repay the Army $18,500 for his re-enlistment bonus. The Army also withheld 65 days' worth of leave payments and his final paycheck.

"I have nothing," Boyle said. "After all I did for the Army, they took my money and kicked me to the curb and said, 'Don't let the door hit you in the ass.' "

"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/

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.

[carlie]

To Adam Boyle and family,

Thank you for your service Adam.

You are fortunate to have such great family support.

Never give up.

carlie

[john999]

The Army has been doing this since Vietnam at least. Since there was no PTSD diangosis then anyone who began to have problems after returning from Vietnam would be kicked out for misconduct, or for inability to adapt. It was so easy for the Army to do this since the emotionally ill vet was bound to get into some kind of trouble. Then the Article 15's mount up, and before you know it you are on the curb. I am not surprised that knuckle heads in the higher command would disregard regulations and continue to discharge sick vets for misconduct. This is just how they think.