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
3
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