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:  
			  		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 22 DECEMBER 2008

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APPLICANT REQUESTS THAT:

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

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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.

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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.

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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.

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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.

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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.   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. 

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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-2007-01913 in Executive Session on 8 November 2007, under the provisions of AFI 36-2603:

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.