ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 13 December 2021 DOCKET NUMBER: AR20200009809 
APPLICANT REQUESTS: 
. Placement on the permanent disability retirement list 
. a personal appearance hearing APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
• DD Form 149 (Application for Correction of Military Record), 13 August 2020 
• DD Form 4 (Enlistment Contract – Armed Forces of the United States), 28 March 1972 
• DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 5 November 1971 
• Emergency Room Record, (City) Memorial Hospital, 22 November 1972 
• (City) Memorial Hospital Discharge Summary, 22 November 1972 
• (City) Memorial Hospital Physical Examination, 22 November 1972 
• (City) Memorial Hospital X-Ray Report, 22 November 1972 
• Official Traffic Accident Report, (City), 22 November 1972 
• News Clipping (Illegible) 
• (City) Newspaper, page 3, 30 November 1972 
• Headquarters (HQ) Fifth United States Army Letter Orders Number 03-3876, 21 March 1974 
• DA Form 20 (Enlisted40 Qualification Record) page 3 only 
• Department of Veterans Affairs (VA), 26 November 2012 
• letter, Dr. MDS, 5 February 2020 
• VA Rating Decision, 4 March 2020 
• letter of support, I, 12 March 2020 
• letter of support, O, 13 April 2020 
FACTS: 
1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 
2. The applicant states, in effect: 
a. 
His medical discharge should have granted him a service related benefit due the injury he suffered. His pneumothorax injury was the result of an automobile accident that occurred while he was on active duty enroute to a monthly Reserve training meeting. 

b. 
The VA discovered the error during a review of his application for a veteran-owned small business. 


3. A review of the applicant's service records shows: 
a. On 28 March 1971, he enlisted in the USAR for a period of 6 years. 
b. 
He served on Active duty for the purpose of initial active duty training (ADT) from 9 July 1971 to 5 November 1971. 

c. 
On 5 November 1971 he was honorably released from ADT to the control of the USAR. His DD Form 214 for this period shows he completed 3 months and 27 days of net AD service during this period. 


d. He provided copies of: 
(1) 
A (City) Memorial Hospital Emergency Room Record showing he was administered emergency treatment following an automobile accident on 22 November 1972. 

(2) 
A (City) Memorial Hospital Discharge Summary, 22 November 1972, showing he was admitted and discharged on 28 November 1972 after complaining of severe back and chest pain. 

(3) 
A (City) Memorial Hospital Physical Examination, 22 November 1972. 

(4) 
A (City) Memorial Hospital X-Ray report, 22 November 1972. 



e. 
A State of Michigan Official Traffic Accident Report, 22 November 1972, shows he was involved in a traffic accident and transported to (City) Memorial Hospital with injuries. 

f. 
On 8 May 1973, the Commanding Officer, 236th Transportation Company, USAR, requested he be given a retention physical. 

g. 
The Senior Medical Officer, AFEES, scheduled the applicant for a neurological consultation on 25 September 1973. (Note: The result of the medical consultation are not contained in the available records). 

h. 
On 1 November 1973, the Commanding Officer, 470th Transportation Battalion (Terminal), concurred with the Commanding Officer, 236th Transportation Company request for medical discharge (29 October 1973) initiated under the provisions of Army Regulation 135-178, paragraph 3-4. (Note: the Commanding Officer, 236th Transportation Company memorandum is not contained in the available records). 

i. 
The Commanding Officer, 3rd Transportation Brigade and Commanding Officer, Reserve Forces Division, approved the request for medical discharge on 15 February 1973 and 26 February 1973, respectively. 

j. 
On 13 March 1974, the Commanding General, Fifth U.S. Army, USAR, approved the request for transfer or discharge from the USAR and ordered the applicant discharged from the USAR. 

k. 
On 31 March 1974, the applicant was honorably discharged from the USAR under the provisions of Army Regulation 135-178, Army National Guard and Reserve Enlisted Administrative Separations, paragraph 3-4, by reason of medical disqualification. 

k. The applicant provided copies of: 
(1) 
Five pages of service record documents. 

(2) 
Six pages of emergency room documents. 



(3) 
Two newspaper reports, 1972, one of which showing he was admitted to the local hospital; one of which is illegible. 

(4) 
Two VA rating decisions, 25 September 2012 and 4 March 2020, showing he was denied service connected benefits for pneumothorax. 

(5) 
A letter from Dr. G, giving a retrospective opinion of the injuries sustained in the automobile accident based on his treatment of the applicant. 


(6) Two letters of support, 12 March 2020 and 13 April 2020. 
4. 
By regulation AR 135-178, an enlisted member will be discharged when it has been determined (AR 40-501) he is no longer qualified for retention by reason of medical unfitness unless he requests and is granted a waiver, or eligible for transfer to the Retired Reserve. 

5. 
MEDICAL REVIEW: 


The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: 
a. The applicant is applying to the ABCMR requesting in essence, a referral to the Disability Evaluation System. He states: 
“The Honorable Medical Discharge should have stated Service Related, as the injury suffered, Pneumothorax, was the result of an automobile accident that occurred while on Active Duty, in route to the regular monthly Reserve training meeting.” 
b. 
The Record of Proceedings details the applicant’s military service and the circumstances of the case. The applicant entered the United States Army Reserve on 28 March 1971 and was honorably discharge on 31 March 1974 under provisions provided in paragraph 3-4 of AR 135-178, Separation of Enlisted Personnel (25 February 1971), Medically Unfit for Retention. 

c. 
A DD 214 show he entered active duty for training on 9 July 1971 and was discharged on 5 November 1971 upon completion of his MOS training. 

d. 
Because of the period of service under consideration, there are no encounters in AHLTA or documents in iPERMS. 

e. 
A hospital discharge summary shows the applicant was admitted for treatment of multiple rib fractures and a left sided pneumothorax sustained in an automobile accident on Wednesday, 22 November 1972. The admission note states “This 20 year old Caucasian male was returning home from college when he was involved in an auto 


accident.” No other injuries were identified, he was treated with a chest tube, and was discharged on 28 November 1972. 
f. 
On 8 May 1973, the applicant’s company commander requested a retention physical for the applicant. The senior medical officer made an appointment for the applicant to see neurology with the consultation to be completed on 25 September 1973. The results of these examinations were not submitted with the application. 

g. 
Actions to discharge the applicant under paragraph 3-4 of AR 135-178 were initiated on 29 October 1973. The memorandum does not list the diagnosis(s) failing medical retention standards. 


h. A VA rating decision shows the applicant’s pneumothorax was found not service connected by the Veterans Benefits Administration. This finding was confirmed upon appeal. 
i. 
The applicant sustained his pneumothorax while in a non-duty status. In addition, the neurology consult makes it appear that any residuals of this this condition was not what led to his discharge. 

j. 
A VA rating decision shows the applicant’s pneumothorax was found not service connected by the Veterans Benefits Administration. This finding was confirmed upon appeal. 

k. 
It is the opinion of the Agency Medical Advisor that a referral of the case to the DES is not warranted. 


BOARD DISCUSSION: 
1. 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based on the documentation available for review to include a medical advisory, the Board noted that the applicant was involved in a car accident which resulted in injuries. However, the Board found no evidence of his being in route to a monthly Reserve training meeting or any evidence that his travel related to service in the USAR; nor did the Board find evidence of a condition or conditions that failed to meet medical retention standards. Based on a preponderance of evidence, the Board determined that there was no evidence of error or injustice and therefore, there is no basis upon which to grant relief. 

2. 
The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 


BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. 
REFERENCES: 
1. 
Title 10, United States 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 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. 

2. 
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 


a. 
The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

b. 
The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 


3. Army Regulation 135-178 (Separation of Enlisted Members Not Qualified for Retention), in effect at the time, prescribed the policies, criteria, and procedures which apply to separation of enlisted members of the Army National Guard of the United States and the United States Army Reserve. Paragraph 3-4. Medically unfit for retention. An enlisted member will be discharged when it has been determined (AR 40­
501) he is no longer qualified for retention by reason of medical unfitness unless he requests and is granted a waiver, or eligible for transfer to the Retired Reserve. 
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