IN THE CASE OF: BOARD DATE: 18 September 2012 DOCKET NUMBER: AR20120003420 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 reinstatement of his rank/pay grade to specialist/E-4. 2. The applicant states: a. He was unable to soldier after returning from Iraq due to disabling post-traumatic stress disorder (PTSD). He was a good Soldier, but after his service in Iraq he was a bad Soldier. He risked everything for his country and all he wants is to be able to be proud of his service time. Having the rank/grade of private/E-2 after 4 years of service is unbearable. b. His chain of command submitted letters on his behalf. c. While serving in Iraq he was promoted to specialist/E-4 and he won three Soldier of the Month boards. He received many certificates of achievement. d. He gave 100 percent and was proud of what he had done in the military. He has severe PTSD. 3. The applicant provides: * service personnel records * certificates of achievement and training * Department of Veterans Affairs (VA) Forms 21-4138 (Statement in Support of Claim) * service medical records * VA progress notes CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 18 January 2001 for a period of 5 years. He completed training and was awarded military occupational specialty 31B (military police). He served in Iraq from 1 April 2003 to 1 April 2004. He was advanced to the rank of specialist/E-4 on 1 October 2003. 3. He provided service medical records which state he received an: * Article 15 for assault upon his platoon sergeant in August 2004 and he was reduced from specialist/E-4 to private/E-2 * Article 15 in 2005 for missing curfew 4. His DD Form 214 shows he was reduced to private/E-2 on 28 September 2004. 5. On 11 August 2005, a medical evaluation board (MEB) diagnosed the applicant with chronic PTSD. The MEB recommended his referral to a physical evaluation board (PEB). 6. On 27 September 2005, a PEB found the applicant physically unfit due to PTSD, in partial remission, beginning in 2004 secondary to service in Iraq during which time he was exposed to intense life-threatening situations. The PEB recommended a combined disability rating of 10 percent and separation with severance pay. The U.S. Army Physical Disability Agency approved the findings and recommendations of the PEB on 2 October 2005. 7. He was honorably discharged on 15 December 2005 in the rank of private/E-2 by reason of disability with severance pay. 8. A DD Form 215 (Correction to DD Form 214), dated 14 May 2012, amended his DD Form 214 by showing he was retired by reason of temporary disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2). 9. There are no orders which show he was advanced to specialist/E-4 after 28 September 2004 or prior to his separation on 15 December 2005. 10. He provided two statements from fellow Soldiers attesting to changes in his behavior during and after his deployment to Iraq. They attest: * he was once a reliable Soldier but he turned into a problematic unreliable Soldier who could not accomplish simple duties * he had an altercation with his wife * he assaulted and disrespected his platoon sergeant * he was a great Soldier prior to his deployment * they noticed a severe change in him after his return from Iraq DISCUSSION AND CONCLUSIONS: 1. The applicant contends he has severe PTSD and he was unable to soldier after his deployment in Iraq because of it. 2. The evidence shows he was diagnosed with PTSD following his deployment in Iraq. However, there is no medical evidence which shows he was mentally incapable of distinguishing right from wrong and adhering to the right. 3. He was reduced from specialist/E-4 to private/E-2 in 2004 for misconduct. There is no evidence of record that shows he was advanced to specialist/E-4 after 28 September 2004 or prior to his separation. Therefore, there is insufficient evidence on which to base reinstating his rank/pay grade to specialist/E-4. 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) AR20120003420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1