http://www.armytimes.com/ <http://www.armytimes.com/>

http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w/

<http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w/>

http://www.bloggernews.net/119335 <http://www.bloggernews.net/119335>

http://www.namguardianangel.com/ <http://www.namguardianangel.com/>

http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-there-\

yet.html

<http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-there\

-yet.html>

http://www.google.com/search?q=%22adam+boyle%22+ptsd&rls=com.microsoft:e\

n-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG

<http://www.google.com/search?q=%22adam+boyle%22+ptsd&rls=com.microsoft:\

en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG>



I don't know where my son would be now mentally if not for Carissa

Picard, and especially Chuck Luther. Chuck has turned into Adam's big

brother, "brothers in arms" as Chuck has put it. This has been

so incredibly painful. My never ending Thank You to both Carissa and

Chuck, and all those fighting for our vets and service members suffering

combat related injuries.



About Carissa Picard and Chuck Luther

PBS documentary and how widespread this problem is:

http://www.pbs.org/now/shows/424/index.html

<http://www.pbs.org/now/shows/424/index.html>

http://www.pbs.org/now/shows/424/transcript.html

<http://www.pbs.org/now/shows/424/transcript.html>

http://fight-ptsd.org/Advocacy.html

<http://fight-ptsd.org/Advocacy.html>

http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-totally-rock\

s-says.html

<http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-totally-roc\

ks-says.html>









[Non-text portions of this message have been removed]

Well...there you have it. Another case out of FORT BRAGG with similar

results to my husband's.



Although it is not the exact same circumstances as my husband's, you

can see that my husband was let go for OTHER REASONS(BCD) than what

he was originally diagnosed with, "SEVERE PTSD."



My older brother emailed me this link this morning as well!



Thanks,

Maria  flutterby244





--- In combatvetswithptsd@yahoogroups.com, "lauracurtiss_vt"

<lauracurtiss_vt@...> wrote:

>

>

> http://www.armytimes.com/ <http://www.armytimes.com/>

>

http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w/

>

<http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w

/>

> http://www.bloggernews.net/119335

<http://www.bloggernews.net/119335>

> http://www.namguardianangel.com/ <http://www.namguardianangel.com/>

> http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-

there-\

> yet.html

> <http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-

there\

> -yet.html>

> http://www.google.com/search?q=%22adam+boyle%

22+ptsd&rls=com.microsoft:e\

> n-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG

> <http://www.google.com/search?q=%22adam+boyle%

22+ptsd&rls=com.microsoft:\

> en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG>

>

> I don't know where my son would be now mentally if not for Carissa

> Picard, and especially Chuck Luther. Chuck has turned into Adam's

big

> brother, "brothers in arms" as Chuck has put it. This has been

> so incredibly painful. My never ending Thank You to both Carissa and

> Chuck, and all those fighting for our vets and service members

suffering

> combat related injuries.

>

> About Carissa Picard and Chuck Luther

> PBS documentary and how widespread this problem is:

> http://www.pbs.org/now/shows/424/index.html

> <http://www.pbs.org/now/shows/424/index.html>

> http://www.pbs.org/now/shows/424/transcript.html

> <http://www.pbs.org/now/shows/424/transcript.html>

> http://fight-ptsd.org/Advocacy.html

> <http://fight-ptsd.org/Advocacy.html>

> http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-totally-

rock\

> s-says.html

> <http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-

totally-roc\

> ks-says.html>

>

>

>

>

> [Non-text portions of this message have been removed]

>

Hi Maria,



I haven't checked back in a while.  This has been so overwhelming for

our family, as I know you fully understand.  I'm pasting updates here.

The orgs assisting Adam, as well has his incredible attorney were and

probably still are looking for cases like Adam's at Fort Bragg, though

there's enough to go around at all the other bases.



This is what Adam's attorney found; one thing is that the Army did not

follow legal procedures and or give Adam any of the protections he

should have that would have allowed him to be medically discharged, as

was recommended by the Army doctors after Adam came home from his second

tour in Iraq. My best to you, your husband and family.  Laura



Story initially done on Adam by Kelly Kennedy of ArmyTimes:

http://kellyaward.com/mk_award_popup/kennedy_k.html

<http://kellyaward.com/mk_award_popup/kennedy_k.html>  &

http://kellykennedy.net/ <http://kellykennedy.net/>



Adam's story, another from Kelly Kennedy is supposed to follow:

http://www.armytimes.com/news/200901...harge_010709w/

<http://www.armytimes.com/news/200901...harge_010709w/>



Adam's attorney's response to a derogatory comment on Adam's

case (there are more but it's only recently he's begun to go out

publically; I'm so proud of this guy):

http://militarytimes.com/forums/showthread.php?p=177946

<http://militarytimes.com/forums/showthread.php?p=177946>



My input (one of many):

http://www.aarp.org/community/groups/displayTopic.bt?groupId=1492&topicI\

d=1141831&pageNum=1

<http://www.aarp.org/community/groups/displayTopic.bt?groupId=1492&topic\

Id=1141831&pageNum=1>



Google search on Adam:

http://www.google.com/search?sourceid=navclient&aq=h1&oq="adam&ie=UTF-8&\

rlz=1T4GGIG_enUS214US215&q=%22adam+boyle%22+ptsd

<http://www.google.com/search?sourceid=navclient&aq=h1&oq=%22adam&ie=UTF\

-8&rlz=1T4GGIG_enUS214US215&q=%22adam+boyle%22+ptsd>



From one site:



PTSD Discussion - PTSD victim booted for `misconduct'



I am the proud mom of Adam Boyle. Below is a response from Adam's

attorney, Jason Perry, who took Adam's case on pro bono due to his

outrage at the blatant legal errors in Adam's discharge from the

military. After Jason's message is one I wrote shortly after the

ArmyTimes story came out by Kelly Kennedy.



We thank the public, especially the service members and veterans (of

many eras) who have shown incredible support for Adam, and so many

others who have gone through the same treatment (since at least the

Vietnam era to today). We are overwhelmed with the huge positive support

and literally rare negatively. After all of our years of service member

and veteran advocacy and being so proud of our military and country I'm

starting to gain back that pride and faith I was beginning to lose after

I realized this was going on with Adam. I will always be proud of our

military but that does not mean we as American citizens can't play

watchdog over some who use their power to hurt those who serve our

country and military most loyally.



We especially thank Carissa Picard, Attorney Jason Perry, and Adam's new

"Brother in Arms" Chuck Luther, who was one of the Iraqi Freedom vets in

the PBS documentary that made us realize how prevalent kicking out our

service members with PTSD and other combat related injuries without

benefits is. Thank you. Laura Curtiss



PTSD victim booted for `misconduct' ~ Response from Adam's

Attorney

Jason Perry, Attorney ~ http://www.peblawyer.com/attorney_profile.html

<http://www.peblawyer.com/attorney_profile.html>



"Adam's attorney has identified a number of violations of

Adam's rights at the separation hearing, including…



ISSUES IN ADMINISTRATIVE DISCHARGE CASE OF SGT ADAM BOYLE



SGT Boyle's administrative separation violated his Constitutional

Due Process rights, Army Regulations, and was patently illegal.



Legal Errors



1. The Army failed 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 findings 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 Administrative 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 failed 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 Administrative 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."

Jason Perry, Attorney





http://www.armytimes.com/news/200901...harge_010709w/

<http://www.armytimes.com/news/200901...harge_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 was the Army as a career. It was painful

enough to have to give up that dream and Adam has felt so much shame in

feeling he let his country down and the Army and now to do this to him.



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) have 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 of you for your

support and wish your service members/veterans healing and happy lives.



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/index.html>

http://www.pbs.org/now/shows/424/transcript.html

<http://www.pbs.org/now/shows/424/transcript.html>



More on Carissa Picard, Chuck Luther and others who fight to save our

service members and vets suffering combat injuries:

http://fight-ptsd.org/Advocacy.html

<http://fight-ptsd.org/Advocacy.html>



More:

http://woundedtimes.blogspot.com/search?q=adam+boyle

<http://woundedtimes.blogspot.com/search?q=adam+boyle>

http://woundedtimes.blogspot.com/200...stice-for.html

<http://woundedtimes.blogspot.com/200...stice-for.html>

http://www.woundedtimes.blogspot.com...ck\s-says.html

<http://www.woundedtimes.blogspot.com...ck/s-says.html>

http://www.armytimes.com/news/2009/0...harge_010709w/

<http://www.armytimes.com/news/2009/0...harge_010709w/>

http://www.bloggernews.net/119335 <http://www.bloggernews.net/119335>

http://www.namguardianangel.com/ <http://www.namguardianangel.com/>

http://www.woundedtimes.blogspot.com...here-\yet.html

<http://www.woundedtimes.blogspot.com...here-/yet.html>

http://www.fullsizebronco.com/forum/showthread.php?p=1916191

<http://www.fullsizebronco.com/forum/showthread.php?p=1916191>



"The willingness with which our young people are likely to serve in any

war, no matter how justified, shall be directly proportional to how they

perceive veterans of early wars were treated and appreciated by our

nation." George Washington



--- In combatvetswithptsd@yahoogroups.com, "Maria R" <flutterby244@...>

wrote:

>

> Well...there you have it. Another case out of FORT BRAGG with similar

> results to my husband's.

>

> Although it is not the exact same circumstances as my husband's, you

> can see that my husband was let go for OTHER REASONS(BCD) than what

> he was originally diagnosed with, "SEVERE PTSD."

>

> My older brother emailed me this link this morning as well!

>

> Thanks,

> Maria flutterby244

>

>

> --- In combatvetswithptsd@yahoogroups.com, "lauracurtiss_vt"

> lauracurtiss_vt@ wrote:

> >

> >

> > http://www.armytimes.com/ <http://www.armytimes.com/>

> >

> http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w/

> >

> <http://www.armytimes.com/news/2009/01/military_ptsd_discharge_010709w

> />

> > http://www.bloggernews.net/119335

> <http://www.bloggernews.net/119335>

> > http://www.namguardianangel.com/ <http://www.namguardianangel.com/>

> > http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-

> there-\

> > yet.html

> > <http://www.woundedtimes.blogspot.com/2009/01/treating-ptsd-are-we-

> there\

> > -yet.html>

> > http://www.google.com/search?q=%22adam+boyle%

> 22+ptsd&rls=com.microsoft:e\

> > n-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG

> > <http://www.google.com/search?q=%22adam+boyle%

> 22+ptsd&rls=com.microsoft:\

> > en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GFRG>

> >

> > I don't know where my son would be now mentally if not for Carissa

> > Picard, and especially Chuck Luther. Chuck has turned into Adam's

> big

> > brother, "brothers in arms" as Chuck has put it. This has been

> > so incredibly painful. My never ending Thank You to both Carissa and

> > Chuck, and all those fighting for our vets and service members

> suffering

> > combat related injuries.

> >

> > About Carissa Picard and Chuck Luther

> > PBS documentary and how widespread this problem is:

> > http://www.pbs.org/now/shows/424/index.html

> > <http://www.pbs.org/now/shows/424/index.html>

> > http://www.pbs.org/now/shows/424/transcript.html

> > <http://www.pbs.org/now/shows/424/transcript.html>

> > http://fight-ptsd.org/Advocacy.html

> > <http://fight-ptsd.org/Advocacy.html>

> > http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-totally-

> rock\

> > s-says.html

> > <http://www.woundedtimes.blogspot.com/2008/04/carissa-picard-

> totally-roc\

> > ks-says.html>

> >

> >

> >

> >

> > [Non-text portions of this message have been removed]

> >

>







[Non-text portions of this message have been removed]