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

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was discharged for medical reasons.

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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.

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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.

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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.

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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.

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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.

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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.

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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:

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.