RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02080
INDEX CODE: 108.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was discharged for medical
reasons.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received right radical mastiodoctomy surgery for removal of
cholesteatoma on 29 May 86. After his surgery he asked his physician if he
could return to his duties as a firefighter. His physician suggested that
he have an environmental evaluation performed. The evaluation was
performed on 9 Jun 86 and another evaluation was performed on 4 Aug 87.
After both evaluations he was told that there was no problem and he could
return to work as a firefighter. After his discharge he was repeatedly
turned down for employment due to a right ear condition. He was granted
noncompensable service connection for his right ear condition by the
Department of Veterans Affairs (DVA). He subsequently discovered that a
physical profile serial report accomplished on 10 Jun 86 stated he should
not work in hazardous noise areas and recommended that cross-training
actions be taken. At no time was this brought to his attention. As a
result of this injustice he had to spend many years bouncing from job to
job accepting minimal paying jobs due to a lack of job experience. Had he
cross-trained to another career field he would have been gainfully employed
and better off financially.
In support of his request, applicant provided a personal statement; a copy
of his DD Form 214, Certificate of Release or Discharge from Active Duty;
documents extracted from his military medical records, and documentation
associated with his DVA disability claim. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 6
Aug 81 and served as a Fire Protection Specialist. He was progressively
promoted to the grade of sergeant, having assumed that grade effective and
with a date of rank of 1 Jun 84. In April 1986 the applicant underwent
surgery on his right ear and mastoid to remove a cholesteatoma, a non-
malignant formation/accumulation of skin tissue in the middle ear. He
experienced residual hearing loss following the surgery and was issued a
hearing aid. On 25 Apr 88, applicant voluntarily separated from the Air
Force under the Early Separation Program. He served 6 years, 8 months, and
20 days on active duty.
Subsequent to his separation, the DVA awarded his service connection for
right and left ear deafness with a combined disability rating of 0 percent.
Service connection for post right mastiodectomy and chronic bilateral
otitis media and mastoiditis is currently rated at 10 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the evidence of record clearly shows a history of cholesteatoma of
the right ear requiring surgery while in service resulting in hearing loss.
Although he had hearing loss in the right ear and was issued a hearing aid
for the right ear, his left ear hearing was normal. The normal left ear
combined with functional hearing in the right ear enabled the applicant to
function normally in his duties until his voluntary separation. At the
time of his separation, his hearing loss in the right ear did not
constitute a medical condition that warranted referral into the Disability
Evaluation system. The Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 Jan
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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, we do not
find his assertions sufficiently persuasive to override the rationale
provided by the Air Force. We see no evidence, which would lead us to
believe that at the time of his separation, a physical condition existed
that would have disqualified him from worldwide military service.
Therefore, we see no reason why he would have been eligible for
consideration in the disability evaluation system. 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 persuasive evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
02080 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 16 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 17 Dec 03d.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
OLGA M. CRERAR
Panel Chair
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