RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02861
	INDEX CODE:  110.02
	COUNSEL:  NONE

	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was discharged with a higher disability rating entitling him to permanent disability retirement benefits.

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APPLICANT CONTENDS THAT:

In Dec 06, he received an individual disability rating of 20 percent from the Department of Veterans Affairs after he was diagnosed with Partial Seizure Disorder (PSD).  The disorder caused headaches he suffered from prior to his discharge.  The PSD was also directly linked to meningitis he contracted while in military service.  His VA rating was increased in Feb 06 due to PSD.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 4 Mar 96, the applicant was honorably discharged from the Regular Air Force in the grade of Airman First Class (E-3) for disability with severance pay.  He had served 1 year 9 months and 25 days on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant opines no change to the applicant's record is warranted.  

On 15 Dec 95, he was hospitalized with a chronic, severe bifrontal and occipital headache after no response from outpatient medications over the previous two weeks.  He had a normal CT scan.  Multiple life stressors were identified as possible triggers.  A psychiatry consult revealed a diagnosis of psychological factors affecting physical condition.  Intravenous medications resolved the headaches and he was released from the hospital two days later.  

On 2 Jan 96, the applicant met a Medical Evaluation Board (MEB) and the case was referred to the Informal Physical Evaluation Board (IPEB).  On 8 Jan 96, the IPEB recommended a discharge with severance pay with a disability rating of 10 percent.

The applicant was awarded a 10 percent disability rating for vascular headaches and a 10 percent rating for gastritis with gastro esophageal reflux by the VA.  There was no claim for seizure disorder at that time.

In a VA Rating dated 22 Nov 06, the applicant was awarded a 20 percent disability rating for partial seizure disorder associated with meningitis.

The BCMR Medical Consultant notes there is no evidence of seizures in the applicant's medical records.  He had aseptic (viral) meningitis and suffered from headaches while in the service.  DVA neurologists have opined that the applicant's seizure disorder could have been related to his meningitis and thus, service-connection was awarded.  The Air Force Disability Evaluation system by law only compensates those medical conditions that were disabling at the time of discharge.  In this case, the applicant's migraine headache condition was considered unfitting for the rigors of further military service, but presented only a minor disruption in his ability to seek employment in the civilian sector.  The applicant's gastritis and gastro esophageal reflux was not disabling and did not cut the applicant's career short.  Once the rating is finalized, it cannot be changed despite any further progression of the applicant's disease process or the later discovery of other diagnoses.  

The BCMR Medical Consultant concludes action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The complete BCMR Medical Consultant's evaluation, with attachments, 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 22 Oct 07 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 probable error or injustice.  The applicant’s contentions are duly noted; however, in our opinion, the detailed comments provided by the AFBCMR Medical Consultant adequately address these allegations.  By law, the Air Force Disability Evaluation System only compensates those medical conditions that were disabling at the time of discharge.  Therefore, we are in complete agreement with the comments and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our decision that the applicant has not been the victim of either an error or injustice; therefore, we find no basis to recommend granting the relief sought.  

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(s) 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 probable 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 this application in Executive Session on 7 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-02861:

	Exhibit A.  DD Form 149, dated 20 Aug 07.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, BCMR Med Consultant, 17 Oct 07, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 22 Oct 07.