RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00294
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 July 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect severe combat related hearing
loss.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Combat related hearing loss should qualify a person for the Purple
Heart (PH). Hearing loss is a combat wound. The hearing loss was a
direct result of a rough combat mission.
In support of the appeal, applicant submits a copy of his WD AGO Form
53-55 and a character reference.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Army Air Force on 25 June 1942 and entered
active duty on 16 January 1943. He performed duties as an Airplane
Mechanic Gunner. His highest grade held was staff sergeant.
On 15 September 1945, while serving in the grade of staff sergeant, he
was honorably discharged, for the convenience of the government
(Demobilization). He was credited with 2 years and 6 days of
continental service and 7 months and 24 days of foreign service. His
separation document shows the following: He participated in the GO 33
WD 45 Air Offensive Europe, Normandy, Northern France, Rhineland and
Ardennes battles and campaigns. His separation document also shows he
was entitled to the Distinguished Flying Cross, Air Medal with three
Bronze Oak Leaf Clusters, and Good Conduct Medal. It further states
in Item 34, Wounds Received in Action: “None.”
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant states that at the time of separation the
applicant’s hearing was normal. There is no basis for changing
service medical records from 1945 to show his hearing was abnormal at
that time. Determination of service connection for DVA benefits for
medical problems that develop following separation is made by the
Department of Veterans Affairs under Title 38 and not the military
services or their respective boards for correction of military
records. Award of the Purple Heart Medal requires documentary
evidence for service records including medical to show an injury
directly caused by enemy action. The reviewer finds no evidence,
direct or indirect to support award of the Purple Heart. Performance
of duties in a combat zone or participation in combat does not qualify
a member, who, years later develops hearing loss for award of this
medal. Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the
law. The BCMR Medical Consultant is of the opinion that no change in
the records is warranted.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 March 2006, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for the
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no 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-
2005-00294 in Executive Session on 27 April 2006, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 8 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 10 Mar 06.
RICHARD A. PETERSON
Panel Chair
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