RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050000113


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request that
his 1978 discharge be vacated and that he be granted a medical retirement.

2.  The applicant states, in effect, that at the time of his separation
from the Army in 1978 he was not competent to resign.  He further states
that he did so because he was suicidally depressed, afraid of disgracing
his rank and uniform, and out of fear of being labeled "crazy".

3.  In support of his application for reconsideration, the applicant
provides two self-authored letters, dated 14 December 2004; copies of three
photographs of his prescription medication bottles, and a copy of the
previously submitted
DD Form 149 (Application for Correction of Military Record under the
Provisions of Title 10, U.S. Code, Section 1552), dated 21 January 2004,
along with previously submitted enclosures.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004103315, on
9 November 2004.

2.  The applicant's military records also show he submitted a previous
application for medical retirement to the ABCMR in October 1985 and that
ABCMR Docket Number AC86-01592, dated 17 September 1986, denied the
applicant's request.

3.  The applicant's military records show that he was commissioned a second
lieutenant and entered active duty in the U.S. Army on 29 September 1966.
During his service, he was trained and served in primary specialty 66F
(Nurse Anesthetist).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
was promoted to captain on 29 September 1973 and this was the highest rank
he held while serving on active duty.  It also shows that during his
service, he completed a tour of duty in the Republic of Vietnam from 3
September 1967 through 29 August 1968.

5.  On 19 June 1978, the applicant tendered his unqualified resignation
citing his non-selection for promotion to major.  In conjunction with this
request, he asked to be appointed in the U.S. Army Reserve (USAR) in the
rank of major due to his years of service and professional experience.  On
2 August 1978, the separation authority approved the applicant's
unqualified resignation and directed his separation effective 1 October
1978.  On 16 August 1978, the applicant's request for appointment as a USAR
officer was approved, effective the date of his resignation from the
Regular Army (RA).

6.  On 1 October 1978, the applicant was honorably discharged as a result
of tendering his unqualified resignation from active duty in the RA.  He
then transferred to the USAR, served in the grade of captain, was
subsequently promoted to major, and actively participated for 3 years
during his USAR service.

7.  The applicant provides two self-authored statements and copies of three
photographs of his prescription medication bottles in support of his
request for reconsideration of his application.

8.  In its original conclusions, the Board found the applicant voluntarily
tendered his unqualified resignation under the provisions of Army
Regulation 635-100.  The evidence of record provided no indication that the
applicant suffered from a medically disqualifying condition that would have
supported his processing through the Army Physical Disability Evaluation
System (PDES) at the time of his release from active duty (REFRAD).  In
addition, the evidence of record confirmed that prior to his release from
active duty, the applicant underwent a physical examination and was found
fit for retention/separation by competent medical authority.  It further
showed that he was treated for depression for which he ultimately received
a disability rating from the Department of Veterans Affairs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s assertion that his 1978 discharge should be vacated and
that he should be granted medical retirement, along with the supporting
documents he provided, were carefully considered.  The applicant contends,
in effect, that he was being treated outside of Army channels with mind-
altering medication for severe Post Traumatic Stress Disorder (PTSD) which
impaired his ability to continue serving in the RA when he submitted his
unqualified resignation from active duty.   However, these factors and the
evidence of record fail to provide a sufficient evidentiary basis to
support granting the requested relief.

2.  The evidence of record confirms that the applicant voluntarily
submitted his unqualified resignation from the RA.

3.  The evidence of record provides no indication that the applicant's
condition rendered him unfit to perform his military duties or warranted
his being processed through the Army PDES prior to his REFRAD.

4.  The documentation the applicant submits as new evidence, in which he
states he was being treated for severe PTSD and was taking prescribed
medication, do not show he suffered from a disabling condition that
rendered him unfit for further military service.  Further, the two self-
authored statements and photographs offer no new substantive evidence that
was not previously considered by the Board.  Thus, these documents do not
provide a sufficiently mitigating basis to support an amendment to the
original Board recommendation in this case.

5.  As the applicant was informed in the original Board decisional
document, in order to justify correction of a military record the applicant
must show to the satisfaction of the Board, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The
applicant has failed to submit any new evidence or argument that would
satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SLP __  __CAD __  __KSJ __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2004103315, dated 9 November 2004.




                                  ___SHIRLEY L. POWELL____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000113                           |
|SUFFIX                  |                                        |
|RECON                   |20060118                                |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19860314                                |
|DISCHARGE AUTHORITY     |AR 140-10, Paragraph 6-2                |
|DISCHARGE REASON        |Completion of 20 or More Years in the   |
|                        |Reserve                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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