ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-1997-03415
                                                   INDEX CODE  135.02
108.04  108.10
                                                         COUNSEL:  None

                                                         HEARING DESIRED:
No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s appeal for reconsideration, he requests that  his  9  Sep
90 discharge from the Reserves for  Expiration  Term  of  Service  (ETS)  be
changed to a medical discharge with entitlement  to  disability  retirement,
and he be credited with an additional 6 years and 12  days  of  satisfactory
service. He originally requested that he be credited  with  points  and  pay
for 7 years and 12 days of satisfactory service so he would  have  20  years
of satisfactory service and be eligible for Reserve retired pay at age 60.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force  Reserves  in  the  grade  of  staff
sergeant on 10 Sep 88 for a period of two years. He elected not to  reenlist
and on 9 Sep 90 was discharged  for  ETS.  According  to  HQ  AFRC/DPM,  the
applicant had 12 years, 11 months and 18 days  of  satisfactory  service  at
that time.

He attempted to reenlist back into the Air Force Reserve on 18 Oct 90 and  5
Sep 91.  However, he was disqualified for reenlistment on his physical  with
a recommendation for waiver consideration.  His  physical  was  reviewed  by
Headquarters Air Force Reserve Surgeon’s Office on  2  Jan  91  and  he  was
found medically disqualified for general service and  enlistment  by  reason
of excessive hearing loss.

In Oct 95, he was disqualified  for  enlistment  into  the  Reserve  Program
based on age criteria (he was 43 years old).

In an appeal dated 4 Nov 97, the applicant requested that  the  Board  award
him points and credit for an additional 7 years and 12 days of  satisfactory
service so that he would have a total of 20 years  of  satisfactory  service
for retirement and be eligible  for  Reserve  retired  pay  at  age  60.  He
contended he was  unjustly  medically  disqualified  from  further  military
service, which kept him from obtaining a military retirement. On 14 Jul  98,
the Board denied his request.

For  an  accounting  of  the  facts  and   circumstances   surrounding   the
applicant’s separation and the rationale of  the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit F.

The applicant submitted a request for reconsideration,  only  this  time  he
asked that his records reflect he was medically retired.   He  contended  he
was disqualified from reenlisting because of a physical disability that  cut
short his military career and prevented him from completing the  minimum  20
years of service for retirement. He believes when he was  disqualified  from
further military service on the reenlistment physical, the medical  facility
should  have  conducted  a  Medical  Evaluation  Board  (MEB)  to  establish
eligibility for disability processing. He tried to  get  a  waiver  for  his
hearing deficiency but was always denied and then was  disqualified  because
of age limitations.  The applicant’s complete submission, with  attachments,
is at Exhibit G.

After several unsuccessful attempts, SAF/MRBR at Randolph  AFB  advised  the
AFBCMR Staff that the applicant’s military  medical  records  could  not  be
located  at  the  National  Personnel  Records  Center.  The  AFBCMR   Staff
requested the applicant to provide copies of any and all service records  he
might have in his  possession  so  that  his  case  could  be  appropriately
considered (Exhibit H).  The applicant submitted a letter dated 15  Oct  02,
with attachments, which is at Exhibit I.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR  Medical  Consultant  notes  the  applicant  separated  from  the
Reserves in Sep 90 not because of his hearing  but  because  he  voluntarily
elected not to enlist. He was subsequently denied reentry in Nov 90 when  he
attempted  to  reenlist  because  of  hearing  loss  classified  as   “H-4,”
disqualifying for reenlistment within six months of  separation,  and  on  a
subsequent attempt a year later.   Based  on  the  available  documentation,
there is no reference to the applicant having or  obtaining  a  hearing  aid
until Aug 92, well beyond the six-month grace period.  Further,  regulations
required a hearing level of “H-3” or better; the applicant  was  “H-4.”  The
applicant was not authorized medical  care  from  the  service  in  civilian
status and obtaining an audiometric evaluation  and  hearing  aids  was  his
responsibility.  When  he  attempted  to  reenlist  again  in  Sep  91,  the
enlistment standards applied and use of a hearing aid was  not  allowed  for
enlistment. The applicant was not eligible for referral into the  Air  Force
disability system because he was already  separated  based  on  a  voluntary
separation date and his hearing loss was not the  reason  he  separated.  In
addition, there is no evidence that his hearing loss  was  service-connected
and, with such a determination, would not have been ratable or  compensable.
Action and disposition in this case were  proper,  equitable  and  reflected
compliance with governing directives. Denial is recommended.

A complete copy of the additional evaluation is at Exhibit J.

HQ AFPC/DPPD noted the applicant  was  discharged  on  9  Sep  90  following
expiration of his military service obligation and he elected to  voluntarily
separate.  When he attempted to reenlist on 18 Oct 90 and 5 Sep 91,  he  was
denied reenlistment for failure to meet enlistment  fitness  qualifications.
An important factor is the fact that at the time  of  his  examinations,  he
was a civilian with no  current  affiliation  with  the  armed  forces.  The
consensus within HQ AFPC/DPPD is that the applicant was  reasonably  capable
of performing his military duties right up until the time of  his  voluntary
discharge. Had he been referred to an MEB prior to his  approved  discharge,
he also would have had to overcome the  presumption  of  fitness.  The  fact
that he was reasonably capable of performing  his  military  duties  at  the
time he voluntarily elected not to reenlist indicates  a  medical  condition
did not curtail his military career. The preponderance of evidence  provided
does not show he was eligible for disability processing due to his  civilian
status at the time of his two reenlistment medical examinations  in  Oct  90
and Sep 91 conducted by the Chicago MEPS facility. HQ AFPC/DPPD agrees  with
the AFBCMR Medical Consultant’s explicit assessment and  recommendation  for
denial.

A complete copy of the additional evaluation is at Exhibit K.

HQ  ARPC/SG  concurs  with  the  statements  from  HQ  AFPC/DPPD  and   also
recommends denial.

A complete copy of the additional evaluation is at Exhibit L.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant believes he should be credited with 13 years,  11  months  and
18 days of satisfactory service instead of 12 years, 11 months and 18  days.
He wants 6 years and 12 days of satisfactory service so he can  be  eligible
for Reserve retired pay. He contends he served in the  Army  National  Guard
and the Air Force Reserves, but not the Army Reserves. He asserts  he  never
wanted to separate voluntarily;  he  wanted  to  retire  by  completing  the
needed requirements. When his commitment to his current unit was ending,  he
wanted to get transferred to another unit in  the  group.  He  tried  for  a
waiver and did  not  know  until  now  about  the  standards  for  continued
military service, which allowed hearing aids within six months. He  was  not
told by anyone that hearing aids might bring his hearing  to  an  acceptable
level for continued military service. If he had been  told,  he  would  have
obtained an audiometric evaluation and hearing  aids  within  the  six-month
timeframe.  His  being  in  civilian  status  during  the  period   of   his
reenlistment was beyond his control.

The applicant’s review is at Exhibit O.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After  a  thorough  review  of  the  evidence  of  record  and   applicant’s
submission, we are not persuaded he has been the victim of either  an  error
or an injustice. The applicant originally requested, and was denied,  credit
for over seven years of satisfactory service so  he  could  receive  Reserve
retired pay at  age  60.  His  latest  submissions  have  not  provided  new
evidence with respect to his original appeal. Instead, he now requests  that
his ETS separation from the  Reserves  in  1990  be  changed  to  a  medical
discharge. He also wants  credit  for  at  least  six  additional  years  of
satisfactory service so he can qualify  for  a  disability  retirement.  The
applicant  contends  his  end-of-term  discharge  in  1990  was  beyond  his
control, yet he provides no evidence other than his assertions.  The  AFBCMR
Medical Consultant advised that  the  applicant’s  30  Nov  90  reenlistment
physical exam classified his hearing loss as  H-4,  which  is  disqualifying
for reenlistment regardless of how  soon  after  separation.  The  applicant
insists  he  would  have  obtained  a  hearing  aid  within  six  months  of
separation if he had been properly informed of his  options.  However,  even
when his request for a medical waiver for hearing loss  was  denied  by  the
Reserve Surgeon’s Office on 2 Jan 91, he still did not obtain a hearing  aid
until nearly two years after his separation. The  applicant  was  ineligible
for referral to the Disability Evaluation System (DES) at the  time  of  his
separation because his hearing loss was not the cause for  his  separation--
he voluntarily elected not to reenlist. The hearing loss was not  discovered
until after his voluntary scheduled separation, when he remained  ineligible
for DES processing or medical care because he was a civilian.  Further,  the
applicant has not shown that his hearing loss was service connected or  that
his voluntary discharge and subsequent  medical  disqualification  from  the
Air Force Reserve were erroneous or unjust. In  the  absence  of  persuasive
evidence to the contrary, we find no compelling basis to recommend  granting
either form of the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 June 2003, under the provisions of AFI 36-2603:

                                        Mr. Wayne R. Gracie, Panel Chair
                                        Mr. Grover L. Dunn, Member
                                        Mr. James W. Russell III, Member

The following documentary evidence relating to AFBCMR Docket Number BC-1997-
03415 was considered:

   Exhibit F.  Record of Proceedings, dated 15 Jul 98.
   Exhibit G.  DD Form 149, dated 1 Aug 02, w/atchs.
   Exhibit H.  Letter, AFBCMR, dated 25 Sep 02.
   Exhibit I.  Letter, Applicant, dated 15 Oct 02, w/atchs.
   Exhibit J.  Letter, AFBCMR Medical Consultant, dated 2 Jan 03.
   Exhibit K.  Letter, HQ AFPC/DPPD, dated 19 Feb 03.
   Exhibit L.  Letter, HQ ARPC/SG, dated 25 Mar 03.
   Exhibit M.  Letter, SAF/MRBR, dated 4 Apr 03.
   Exhibit N.  Letter, AFBCMR, dated 21 Apr 03.
   Exhibit O.  Letter, Applicant, dated 15 May 03.




                                   WAYNE R. GRACIE
                                   Panel Chair