RECORD OF PROCEEDINGS. AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01679 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His medical discharge be changed to a medical retirement. APPLICANT CONTENDS THAT: His disability has been stable for over 12 years. However, the Department of Veterans Affairs (DVA) has determined that the initial disability he was discharged for is equal to a disability rating of 50 percent. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 25 Sep 01, the applicant commenced his enlistment in the Regular Air Force. According to the applicant’s service medical record, he suffered from migraine headaches that increased in intensity and frequency in Aug 03. On 4 Jun 04, the applicant underwent a medical evaluation board (MEB) for migraine headaches. The diagnosis of the MEB was intractable headaches - severe headaches due to occipital neuralgia refractory to extensive efforts at management. His case was referred to the Informal Physical Evaluation Board (IPEB). On 23 Aug 04, the IPEB reviewed the applicant’s case and determined the applicant’s medical condition prevented him from reasonably performing the duties of his office, grade, rank, or rating. The IPEB recommended discharge with severance pay with a disability rating of 10 percent in accordance with Department of Defense (DoD) and the Veterans Administration Schedule of Rating Disabilities (VASRD) guidelines. On 9 Sep 04, the applicant concurred with the findings and recommendations of the IPEB. On 14 Sep 04, the Secretary of the Air Force (SAF) directed the applicant be separated due to a physical disability. On 15 Nov 04, the applicant was furnished an honorable discharge with a narrative reason for separation of “Disability, Severance Pay. He was credited with 3 years, 1 month and 21 days of active service. AIR FORCE EVALUATION: AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice. The applicant did not provide any documentation that would change the final outcome rendered at the time of his processing through the disability evaluation system. A complete copy of the AFPC/DPFDD evaluation, with attachments, is at Exhibit C. The AFBCMR Individual Mobilization Augmentee (IMA) Medical Consultant recommends denial indicating there is no evidence of an error or injustice. The Veterans Administration Schedule for Rating Disabilities (VASRD) code 8100 designates a 10 percent rating for migraine headaches with prostrating attacks averaging one in two months over last several months while a disability rating of 30 percent consists of prostrating attacks on an average once a month over last several months. The applicant’s medical records indicate he experienced periods of frequent migraine headaches following the diagnosis in Aug 03 which required treatment by a neurologist. Also, while the Medical Consultant acknowledges the frequent recurring nature of the applicant’s headaches, there is insufficient evidence of a clear prostrating quality to the applicant’s recurring migraines. Indeed, review of the neurologist’s MEB narrative summary did not disclose any clear prostrating quality to the applicant’s migraine headaches. Therefore, while the Medical Consultant concedes that rest and removal from the aggravating triggers are commonly utilized interventions in a standard treatment regime, this is not necessarily synonymous with prostrating attacks. Furthermore, there is no clear evidence in the medical documentation of prostrating attacks averaging once a month over several months which assigns a 30 percent disability rating. Therefore, the Medical Consultant observes no clear evidence of an error or injustice in the assignment of a 10 percent disability rating for the applicant’s migraine headaches. The Military Disability Evaluating System (DES) was established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code (U.S.C.), only offer compensation for those service incurred diseases or injuries which specifically rendered the member unfit for continued military service and were the cause of career termination; and then only for the degree of impairment present at the time of separation and not based on future occurrences. However, operating under different set of laws, the DVA is authorized to offer compensation for any medical condition with an established nexus with military service, without regard to its proven or demonstrated impact upon a member’s retainability, fitness to serve, or the narrative reason for release from military service. The DVA is also empowered to conduct periodic reevaluations for the purpose of adjusting the disability rating award [decrease or increase] as the level of impairment from a given medical condition may vary [improve or worsen] over the lifetime of the veteran. The AFBCMR IMA Medical Consultant’s complete evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force office of primary responsibility (OPR) and the AFBCMR IMA Medical Consultant’s evaluations were forwarded to the applicant on 30 Oct 15, for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and the AFBCMR IMA Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-01679 in Executive Session on 22 Jan 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01679 was considered: Exhibit A. DD Form 149, dated 14 Apr 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFDD, dated 11 May 15, w/atch. Exhibit D. Memorandum, AFBCMR IMA Medical Consultant, dated 29 Oct 15. Exhibit E. Letter, SAF/MRBR, dated 30 Oct 15. 3