MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 9 October 2003
                  DOCKET NUMBER: AR2002082922

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Vic Whitney		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Eloise C Prendergast		Member
Mr. Robert J. Osborn		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That the period 14 July through 19 December 1970 be credited as Army Reserve (USAR) service with sufficient number of retirement points for an additional 5 months and 4 days qualifying service for retirement.

APPLICANT STATES: That he was originally appointed in the Air Force Reserve (USAFR). When he was ordered to active duty for 2 years he elected to accept an Army Reserve appointment because of the shortage of Army doctors. After serving his 2 years active duty he was discharged and not provided information on performing USAR service. He was reappointed in the USAFR effective 30 September 1987 and would like credit for the 5 months and 4 days needed for an additional year of qualifying service. He submits copies of his military records and his USAFR retirement point's history in support of his application.

EVIDENCE OF RECORD: The applicant's military records show:

On 28 July 1966, he volunteered for appointment in the USAFR with a 2-year active duty commitment. Effective 19 December 1966, he was appointed a Medical Corps first lieutenant in the USAFR. On his pre-active duty physical of 18 September 1967 he listed mumps, appendicitis, and recurrent back pain as his only medical complaints. He was found physically and mentally qualified for active duty.

On 19 April 1968, he was issued a conditional release from the USAFR for the purpose of obtaining an appointment in the USAR. Effective 7 June 1968 he was appointed a Medical Corps first lieutenant in the USAR. He entered active duty in the rank of captain on 15 July 1968 and was assigned to Fort Dix, New Jersey.

On 14 March 1969 orders were issued assigning the applicant to Vietnam. On 14 March 1969 the applicant completed a medical statement of physical condition stating that, although he was physically qualified for military service on the date of his last physical examination in March 1968, he had been receiving psychiatric treatment for a neurosis severe enough to have precluded his active duty service.

Although he only had a 2-year active duty commitment, on 15 April 1969, he requested a 1-year deferment from assignment to Vietnam. He related that he had been seen by a psychiatrist since May 1968 for acute reactive depression and required further therapy. The commander of the hospital recommended disapproval based on no valid medical reason for the deferment. The applicant was again placed on orders for Vietnam.

On 26 May 1969 the applicant again requested deferment for assignment to Vietnam. This request was based on his wife's pregnancy, her emotional immaturity, and extreme dependence on the applicant. His wife was also reported to be suffering from anxiety and depression. His request was again disapproved and he was again placed on orders for Vietnam.

On 17 July 1969 the applicant requested discharge on the grounds that he should have been medically disqualified for military service. He stated that he was not medically acceptable at the time of his entrance on active duty based on his civilian doctor's diagnosis of depressive psychoneurosis, reaction depression, and immature personality that rendered him marginally unable to engage in his civilian medical practice. He stated that he had never received a psychiatric examination from the Army to determine his fitness to serve.

On 25 July 1969 a Medical Corps major designated as a psychiatrist examined the applicant. The resulting diagnosis was passive aggressive personality, chronic, moderate, manifested by passive obstructionism, argumentativeness, poorly controlled, anxiety under stress, poor self-image, and immature judgment. His impairment for further military duty was judged as moderate and it was noted that his condition existed prior to military service. The applicant was psychiatrically cleared for any action deemed appropriate and found fit for duty.

A Recommendation for Promotion of Officer form was prepared on 28 April 1970. The Chief, Department of Clinics recommended that the applicant not be promoted to major based on his unwillingness to serve in Vietnam. His duty performance was rated as average and uninspired. The approving official, the hospital commander, also noted the applicant's average duty performance and success in delaying assignment to Vietnam.

On 3 June 1970, orders were issued to discharge the applicant from active duty effective 14 July 1970 by reason of officer resignation. On his 15 June 1970 Report of Medical History for his separation medical examination the applicant now listed color blindness, frequent headaches, frequent colds, pressure in chest, palpitation in the heart, indigestion, stomach trouble, reactions to medicine, piles or rectal disease, recent weight gain, motion sickness, trouble sleeping, frequent nightmares, depression, nervous trouble, and that he had a history of a stammer or stutter. He was found qualified for separation with a character and behavior disorder.

On 6 July 1970, the applicant signed a statement acknowledging his unqualified resignation on the day of his release from active duty. Effective 14 July 1970, the applicant was discharged as a captain by reason of resignation under the authority of Army Regulation 635-100, and not transferred to the USAR. He was credited with 2 years of active duty.



The USAFR retirement point's statement provided by the applicant shows his final retirement year on active duty from 19 December 1969 through 14 July 1970. The period from 15 July 1970 through 29 September 1987 is shown as a break in service.

Army Regulation 140-185 provides the policy for training and retirement point credits for members of the USAR. There are no provisions for providing retirement point credits to former service members who have no military status at the time.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant voluntarily entered military service with an acknowledged
2-year active duty commitment. While on active duty he exercised his rights to avoid service in Vietnam. When he exhausted all other appeals the applicant tendered his unqualified resignation, which terminated his military service.

2. The applicant was without any military status during the time period he is requesting this Board to declare creditable for retirement purposes.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rvo____ __ecp__ __rjo__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002082922
SUFFIX
RECON
DATE BOARDED	20031009
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	135.02
2.	135.03
3.
4.
5.
6.