RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060005404


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland S. Venable             |     |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 reconsideration of his request to upgrade his
discharge.

2.  The applicant states, in effect, that he is really sick and needs help.

3.  The applicant provides copies of additional medical records as follows:

      a.  a July 2006 report from a psychiatrist who reports the applicant
suffers from post traumatic stress disorder (PTSD) from his service in
Korea;

      b.  March 2005 report from an outpatient clinic records showing
diagnoses brain injury syndrome with depression, cognitive decline and
balance problems, alcohol induced mood disturbance;

      c.  a report of a 22 June 2006 normal chest x-ray;

      d.  a December 2005 emergency room report showing the applicant was
slumped over in a car and complaining of chest pain; and

      e.  a January 2006 Report of Medical Examination which summarized the
medical records from 17 sources and the applicant’s personal narrative
which was accepted as establishing a closed head injury in Korea as well a
aggravation of pre-service PTSD.

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
AR20050008805, on 26 October 2005.

2.  The applicant’s request for reconsideration contains new medical
evidence and will be considered by the Board.  The medical documents that
were submitted by the applicant were created more than 40 years after he
was separated.

3.  As noted in Record of Proceedings of AR20050008805, the applicant
underwent a separation physical examination and a psychiatric examination
and was found qualified for separation.

4.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his office, rank, grade or rating because of disability
incurred while entitled to basic pay.

5.  Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that
for an individual to be found unfit by reason of physical disability, he
must be unable to perform the duties of his office, grade, rank or rating.

6.  Title 38, United States Code, sections 310 and 331, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service.  The VA, however, is not required by
law to determine medical unfitness for further military service.  The VA,
in accordance with its own policies and regulations, awards compensation
solely on the basis that a medical condition exists and that said medical
condition reduces or impairs the social or industrial adaptability of the
individual concerned.  Consequently, due to the two concepts involved, an
individual's medical condition, although not considered medically unfitting
for military service at the time of processing for separation, discharge or
retirement, may be sufficient to qualify the individual for VA benefits
based on an evaluation by that agency.

7.  Army Regulation 15-185 sets forth procedures for processing requests
for correction of military records.  Paragraph 2-15b governs requests for
reconsideration.  This provision of the regulation allows an applicant to
request reconsideration of an earlier ABCMR decision if the request is
received within one year of the ABCMR's original decision and it has not
previously been reconsidered.

DISCUSSION AND CONCLUSIONS:

1.  Nothing in the available evidence, including the current submission,
suggests that the applicant was not responsible for his behavior or
demonstrates an error or an injustice in the discharge.

2.  The applicant’s current situation does not mitigate his behavior to the
extent that his discharge should be upgraded.  The VA has the authority to
determine, for its own purposes, whether the applicant should be afforded
service-connected or non service-connected benefits.

3.  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 evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM___  __WDP_  _RSV____  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 AR20050008805, dated 26 October 2005.




                                  __       John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005404                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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