RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01854
            INDEX CODE:  108.02

            COUNSEL:  DAV

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His injury be changed from Existing Prior To Service (EPTS) to In Line of
Duty (ILOD).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The preponderance of evidence from his service records does  not  support
the EPTS classification.  In October 2002 he learned  that  although  the
Department of Veterans Affairs (DVA) had classified his hearing  loss  as
service connected in 1945, there was no assistance available  because  no
rating was assigned from the services, thus he was not  compensated.   He
was told that there  was  no  rating  assigned  because  the  injury  was
classified as EPTS.  His physical examination prior  to  entry  into  the
military noted normal hearing.  During his separation  physical  of  July
1944, he had no reason to believe he was suffering from  the  effects  of
any wounds, injury, or disease because he had been told  the  ear  injury
had healed  completely.   In  July  1945  he  was  sent  for  disposition
following an overseas examination, which reported the ear condition.  The
reports and disposition letter clearly shows the condition was ILOD.  His
childhood ear problems were relieved at age three  by  tonsillectomy  and
adenoidectomy.  The next  attack  of  ear  discharge  and  a  perforation
occurred in 1944 during active service.

In support of his request, applicant provided a personal  statement,  and
documents extracted from his medical records.  His  complete  submission,
with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS

Applicant's records were  damaged  by  fire  at  the  National  Personnel
Records Center,  St.  Louis,  MO,  in  1973.   Data  extracted  from  the
available records reflects he entered the Army Air Corps on 19 April 1943
as an aviation cadet and was  commissioned  13  July  1944  as  a  second
lieutenant.  While attending school at Yale University  as  part  of  his
active duty training, he participated in a  required  swimming  class  in
February 1944.  He discovered a right ear full of water and  reported  to
the dispensary.  He was diagnosed  with  a  right  ear  infection  and  a
perforated eardrum.  He was treated for the infection followed by  repair
of the perforation.  The treatment was not  successful.   Persistence  of
the right eardrum perforation lead to a Medical Disposition Board  on  13
November 1944.  He was administratively discharged due to a disqualifying
medical condition that existed prior to service on 21 August  1945  after
serving 1 year, 1 month and 8 days on active duty.

The DVA rated the applicant 0% for otitis  media  catarrhl  and  10%  for
tinnitus.

___________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.   The  Medical  Consultant
states the applicant was  administratively  discharged  due  to  chronic,
recurrent  otitis  media  associated  with  a   chronic   right   eardrum
perforation.  His significant childhood history of  recurrent  right  ear
infection requiring repeated therapeutic needle perforation  of  the  ear
drum to drain the ear combined  with  the  chronicity  of  the  otherwise
completely asymptomatic perforation and the absence of  barotraumas  lead
both Medical Disposition Boards to conclude the condition  existed  prior
to service.  Based on the preponderance of the evidence the BCMR  Medical
Consultant agrees with the prior Boards.  The fact that the clinician  at
Barksdale indicated Line of Duty-Yes, does not overcome the decisions  of
the Medical Disposition Boards who had all the clinical history and facts
to consider.  Therefore, no change in the record  is  warranted  and  the
application should be denied.  The BCMR Medical  Consultant's  evaluation
is at Exhibit C.

AFPC/DPPD recommends denial.  DPPD  states  applicant's  service  records
clearly show his ear problems date back to his age of three.  It  appears
his ear problems resurfaced following a required  swimming  class  during
part of his active duty training.  Treatment for his ear problem was  not
successful and subsequently he appeared before an Officer Retiring  Board
who declared he was  incapacitated  for  active  service  for  a  medical
condition determined to have existed prior to his coming on  active  duty
with no  service  aggravation.   The  applicant  has  not  submitted  any
material or documentation to show an error or injustice occurred  at  the
time of his discharge process.  The DPPD evaluation is at Exhibit D.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His ILOD determination at Barksdale Field was  determined  by  a  Medical
Disposition Board and not by a clinician as indicated in the  evaluation.
The 13 Jun 45 board rejected the 12 Jun 45 board determination  that  his
injury was ILOD.  The June 1945 report of a history of a perforation from
childhood did not come from him and he has not found any earlier  medical
history.  The board's decision to change his LOD determination to reflect
EPTS comes from a military physicians report  of  90  to  120  procedures
before age three.  In March  1944,  he  was  advised  by  the  dispensary
officer that such perforations were common on  the  ordinance  range  and
most of the perforations heal without treatment.  Had he not been in  the
water survival training, which provided the stimulus  for  infection,  he
would have been unaware of the perforation.  Had there been  evidence  of
an EPTS condition, he would have been dropped immediately from the  cadet
training program.  All medical history data in  this  matter  had  to  be
patient provided.  There are no files from the childhood physician  since
none were requested.  The evaluation dismisses the board findings of  his
injury as ILOD because he presumed there was no Medical Disposition Board
at Barksdale Field.  The changes made to his medical  history  after  his
arrival at Drew Field were capricious and could not be  substantiated  in
fact.  Nonetheless, they served to the EPTS designation by  the  Retiring
Board.

His complete response, with attachments, is at Exhibit F.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record and the documentation provided in support of his  appeal,
it is our opinion that relief is warranted  in  this  case.   The  applicant
states his ear conditions were relieved in his  early  childhood  years  and
future ear problems did not occur until during his active service.  We  note
his service records contain  conflicting  statements  provided  by  military
physicians at the time, some of which indicate his condition is  related  to
his childhood conditions, while others indicate that his childhood  problems
had a noncontributory effect on the  conditions  encountered  during  active
service.  In addition, we note that contrary to the decision of the  Medical
Disposition Board,  physicians  at  his  duty  station  indicated  that  his
condition occurred In the Line of Duty.   In  view  of  the  above,  and  in
consideration of the available evidence of record, it is  our  opinion  that
the applicant has established reasonable doubt as to the appropriateness  of
the EPTS determination.  Accordingly, we believe  that  any  doubt  in  this
matter, should be resolved in favor  of  the  applicant  and  recommend  his
records be corrected to reflect his condition occurred In the Line of  Duty.
  Our  decision  in  no  way  renders  the  applicant  eligible  to  receive
disability retired pay or benefits.  Under the laws in effect at  the  time,
the services  did  not  assign  disability  ratings,  but  instead  eligible
members were certified to the Veterans  Administration,  which  subsequently
assigned the appropriate ratings.   The  DVA  has  previously  reviewed  his
service medical records and determined that his  conditions  noncompensable.


_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to  show  that  on  11  September  1945  the  Army
Retiring Board determined that his right eardrum condition was found  to  be
"In the Line of Duty" rather than "Existing Prior to Induction," and he  was
certified to the Veterans Administration.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
01854 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Nov 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 27 Jan 04.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit F.  Letter, Applicant, dated 25 Feb 04.




                                   OLGA M. CRERAR
                                   Panel Chair

AFBCMR BC-2003-01845




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 11 September 1945 the
Army Retiring Board determined that his right eardrum condition was found
to be "In the Line of Duty" rather than "Existing Prior to Induction," and
he was certified to the Veterans Administration.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency