RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02033
INDEX CODE: 108.02
COUNSEL: DVA
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason and authority for separation on his DD Form 214, Armed
Forces of the United States Report of Transfer or Discharge, be changed
from Existing Prior To Service (EPTS) to Line of Duty (LOD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His hearing was outstanding when he entered active duty and his DD Form 214
should read LOD or DNEPTE (did not exist prior to entry).
In support of his appeal, the applicant submits a copy of his DD Form 214.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS
The available records indicate the applicant enlisted in the Regular Air
Force on 2 September 1959 for four years and served as an aircraft
mechanic. He was honorably discharged on 5 July 1962, and credited with 2
years, 10 months and 4 days of active military service. His DD Form 214
lists the narrative reason for discharge as "Physical Disability - EPTS -
established by medical board and individual made application for discharge
by reason of physical disability, Chapter 9, AFM 35-4."
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant review of the DVA medical documentation
indicates that prior to entering the service the applicant had problems
with his ears including middle ear infections (26 Mar 02 medical statement
from civilian otolaryngologist and 1 Jun 00 otolaryngology progress note).
While on active duty he had difficulty with right ear drainage and
perforated eardrum leading to a surgical procedure in 1962 that is not
otherwise specified. In one part of the record an ear surgery is implied,
in another a nasal surgery. Since discharge and over the years he has
experienced progressive hearing loss and underwent reconstructive surgery
on the right ear in July 2002, without improvement
In December 2001, he filed a claim with the DVA for service-connected
disability due to residuals of reconstruction of the right ear. DVA Rating
Decision dated 17 Sep 02, indicates that the DVA granted service connection
despite an absence of service medical records, but rated the disability at
zero percent.
The preponderance of the available evidence does not lead to a conclusion
that an error or injustice was made at the time of the applicant's
discharge from the Air Force for an existing prior to service condition.
Therefore, no change in the record is warranted and the application should
be denied.
The BCMR Medical Consultant's advisory is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a copy of a report from emedicine.com about perforations
of the tympanic membrane to support his contentions. He states the Air
Force accepted his truthful statements about very early, prior, childhood
ear infections and accepted him as 100% sound, including hearing. The fact
his ear condition happened to him in the Air Force had very little to do
with prior childhood ear infections, and even if the very early earaches
had anything to do with the in-service condition, his military service
aggravated the condition resulting in the rupture and subsequent surgeries.
He was exposed to acoustic trauma from jet engines and exposure to
infectious organisms most likely from other airman who lived in the
barracks with him.
The applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, based on
the available evidence, it is our opinion that the reason and authority for
the applicant's separation were appropriate under the circumstances. More
importantly, no evidence has been provided which would lead us to believe
that his condition, which resulted in his discharge, initially occurred
while on active duty. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. In the absence of evidence to
the contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-2003-
02033 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jun 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 22 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 04.
Exhibit E. Letter, Applicant, dated 10 Feb 04, w/atchs.
OLGA M. CRERAR
Panel Chair
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