RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01913
INDEX CODE: 110.00
XXXXXXX COUNSEL: PARALYZED VETS OF AMERICA
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 DECEMBER 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was separated for medical reasons.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he entered the Air Force in 1963, his medical condition of
otosclerosis of the middle ear was not discovered. He was told his hearing
was perfect. After serving in the Air Force for a year and working in
noisy areas, he started having trouble hearing normal conversations.
Medical personnel indicated his hearing loss was secondary to otosclerosis
caused by constant exposure to flight line noise. He has since lost a
large part of his hearing. This is an injustice considering the Air Force
indicated he had perfect hearing and his condition was not discovered at
the time he entered the Air Force. These factors led to his hearing loss
and full time use of hearing aids.
In support of his request, the applicant submits correspondence from
Senator Domenici.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 December 1963, the applicant enlisted in the Regular Air Force. On 1
April 1966, he was placed on a medical profile and returned to general
military duty with assignment restrictions of no hazardous noise exposure.
He was evaluated again on 19 December 1966; there was no change in his
medical status, and no requirement for an assignment limitation code. On
17 April 1967, he was evacuated from Guam AB to Texas with a diagnosis of
bilateral otosclerosis. On 25 April 1967, he was found medically qualified
for duty. It was noted he had the following defects: impairment of
hearing, bilateral, sensori-neural, high frequency, right, mild; conductive
left, mild, with marked nonorganic overlay. The conditions were considered
temporary and he was to report in three months for further evaluation.
Record of any further evaluations cannot be found. On 26 January 1968, the
applicant was honorably discharged.
He served a total of 4 years, 1 month and 25 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial. DPPD states a review of the applicant's
military personnel records reflects his case was not referred to the
Physical Disability Division and, as such, could not have been reviewed for
a medical discharge.
The complete DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded stating the advisory he received was wrong. He was
evacuated from Anderson AFB, Guam to the Philippines, then William Beaumont
Army Hospital in El Paso. When he arrived at Holloman AFB, NM, he was
assigned to the automotive maintenance shop performing light duties because
he was unable to perform his usual duties because of the noise issue in the
shop. He received middle ear surgery in November 1967. After this surgery
he experienced vertigo to the point he would vomit upon standing. He was
given a physical and it was determined his hearing was impaired; he was
given a profile for his hearing loss and vertigo problems. An ear
specialist performed another middle ear surgery on the same ear and found a
leak from a hole in the window where the Air Force doctors had attached the
stapes prosthesis. The doctor grafted skin from behind his ear and the
vertigo improved significantly and now he rarely has the problem with
vertigo; however, he had to suffer with it many years before it was
corrected. He also suffers from tinnitus to the point he cannot
distinguish audiogram sounds from ringing. He was awarded a 70 percent
disability rating from the Department of Veterans Affairs (DVA). His ears
are still deteriorating and getting worse each year. He now has to use the
full volume on his hearing aids. Although the machines indicate his
hearing has leveled out his body tells a different story. The doctors were
aware he had otosclerois when he enlisted but took him anyway. He believes
it is the Air Force's fault his hearing was impaired because they placed
him on flight line duty loading bombs, which was damaging to his existing
condition. Now he is nearly deaf.
His 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. In this respect, the fact that the
applicant was treated for a medical condition while on active duty does not
automatically mean that the condition is unfitting for continued military
service and warrants processing through the disability evaluation system.
Disability processing requires that the medical condition must be such that
it by itself precluded him from reasonably fulfilling his military duties.
We see no evidence which would lead us to believe that at the time of his
separation, a physical condition existed that was determined by competent
medical authority to be a physical disability that rendered him unable to
perform his military duties. Since there were no disqualifying medical
conditions at the time of his separation, we see no reason why he would
have been eligible for consideration in the disability evaluation system.
Therefore, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its 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-2007-
01913 in Executive Session on 8 November 2007, under the provisions of AFI
36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2007-01913 was considered:
Exhibit A. DD Form 149, dated 17 March 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C Letter, AFPC/DPPD, dated 13 August 2007.
Exhibit D. Letter, SAF/MRBR, dated 14 September 2007.
Exhibit E. Letter, Applicant, dated 18 September 2007.
LAURENCE M. GRONER
Panel Chair
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