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AF | BCMR | CY2012 | BC-2012-00320
Original file (BC-2012-00320.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
DOCKET NUMBER: BC-2012-00320 
COUNSEL: NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His DD Form 214,  Report  of  Separation  from  the  Armed  Forces  of 
the  United  States,  item  38,  Authentication  be  corrected  to 
remove  the  statement  “Disability  existing  prior  to  entry  on 
active military service.”  
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1. He had no hearing loss prior to entering military service and 
was issued a private pilot’s license which reflected no hearing 
impairment.   
 
2. He  lost  his  hearing  after  receiving  a  concussion  of  the 
skull.    A  lieutenant  colonel  told  him  to  sign  discharge  papers 
or risk the possibility of not being honorably discharged.  
 
In support of his request, the applicant provides copies of his 
DD  Form  214;  Form  ACA  1005,  Medical  Certificate,  Student  and 
Private  Pilot;  and  Form  ACA  355,  Application  for  Airman 
Certificate.  
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
According to the available medical records, on 4 Jan 51, during 
his  enlistment  physical,  he  told  examiners  that  he  has  had 
bilateral defective hearing and poor vision since 1941.   
 
On 23 Feb 51, he arrived at Hamilton Air Force Base and asked to 
be released from the military since he was not qualified due to 
the above difficulties. 
 
Since  his  hearing  loss  was  below  minimal  standards  and  existed 
prior to time of service, he was recommended for discharge. 
 
_________________________________________________________________ 

 
AIR FORCE EVALUATION: 
 
AFPC/DPSOS  recommends  denial.    DPSOS  states  the  applicant's 
history  reveals  he  was  treated  at  the  Trinity  Clinic  at  Minot, 
North Dakota, and at St. Joseph's Clinic for his hearing loss in 
the left ear.  
 
There is insufficient evidence contained within the applicant’s 
military  record  to  confirm  the  circumstances  and  facts 
surrounding  his  discharge.    However,  absent  the  documentation, 
there is a presumption of regularity in which the applicant was 
afforded  due  process  and  the  discharge  was  consistent  with 
procedural  and  substantive  requirements  of  the  discharge 
regulation.  
 
The applicant has not filed a timely petition; it has been more 
than  40  years  since  the  applicant’s  discharge  from  the  Air 
Force.    The  applicant  cites  he  was  told  to  sign  discharge 
documents  or  he  would  not  be  given  an  honorable  discharge,  but 
did  not  justify  why  the  alleged  error  or  injustice  was  not 
addressed within three years from date of discovery. 
 
The complete DPSOS evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
By  letter  dated  15  May  12,  the  applicant  reiterates  his 
contentions  that  his  hearing  loss  did  not  exist  prior  to 
entering  military  service.  He  states  he  was  not  treated  at  the 
hospital  and  clinics  noted  in  the  Air  Force  evaluation  and 
requests  documentation  showing  a  hearing  loss  existed  prior  to 
being accepted in the military.  
 
The applicant’s complete submission 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 in 
this case; however, we agree with the opinion and recommendation 
of  the  Air  Force  office  of  primary  responsibility  (OPR)  and 
adopt  its  rationale  as  the  basis  for  our  conclusion  the 

 

2 

applicant  has  not  been  the  victim  of  an  error  or  injustice.    
We  note  the  applicant  disagrees  with  some  of  the  information 
referenced in his case and requests documentation be provided to 
him;  however,  this  Board  is  not  the  custodian  for  his  master 
personnel  records.    We  recommend  he  contact  the  National 
Personnel Records Center (NPRC), 9700 Page Boulevard, St. Louis, 
MO 63132 for copies of his records. In view of the above and 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  Docket  Number    
BC-2012-00320  in  Executive  Session  on  23  Aug  12,  under  the 
provisions of AFI 36-2603: 
 
Panel Chair 
 
 
Member 
 
Member 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 9 Jan 12, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Record. 
 
Exhibit C.  Letter, AFPC/DPSOS, dated 28 Mar 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 12. 
    Exhibit E.  Letter, Applicant, dated 15 May 12.  
 
 
 
 
 
 
 

 
Panel Chair 

  
  
  

  
  

 
 
 

 
 

 
 

 
 

 
 

 
 

 

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