RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-01678

	COUNSEL: NONE
 
	HEARING: NO

APPLICANT REQUESTS THAT:

Her service treatment records (STR) be corrected to show she did not state she had headaches in high school.  

APPLICANT CONTENDS THAT:

She was diagnosed with migraine headaches after her active duty service.  It was not a pre-existing medical condition.  She did not state she had headaches since high school. 

She provides SF93, Report of Medical History, dated 15 Jun 99 prepared at the Military Entrance Processing Station (MEPS), which does not show she had migraines.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class.  

AF Form 619, Medical Board Report, dated 21 Sep 01, shows the applicant was referred to the informal physical evaluation board (IPEB) for unfitting conditions of low back pain and depression.  The attached commander’s letter for medical evaluation board (MEB) dated 3 Sep 01, states she was removed from her duties due to unstable behavior.  The MEB report dated 30 Aug 01 states she had occasional headaches and was admitted to civilian mental health units three times in the past year for episodes of major depression.   

AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation, dated 2 Oct 01, shows the IPEB found the applicant unfit for compensable and ratable conditions of chronic low back pain and major depressive order.  The IPEB recommended the applicant be discharged with severance pay (DWSP) with a compensable rating of 20 percent.  

On 3 Dec 01, she was DWSP.

The applicant provides a Department of Veterans Affairs (DVA) rating decision dated 3 May 02, in which her request for service connection for migraine headaches was denied.  While treatment records showed she was treated for headaches while on active duty, she had stated the condition pre-existed to service and there was no evidence the condition permanently worsened as a result of service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFMOA/SGH recommends denial.  The note written for her visit on 4 May 00 for “bad headaches for several weeks” states “the patient states she has a history of migraines when she was younger back in high school.”  The applicant’s diagnosis on 4 May 00 was acute sinusitis with secondary headaches.  The diagnosis did not include existed prior to service (EPTS) migraine headaches.  It is normal practice for a provider to ask a patient about prior history of headaches and or migraines when a patient presents for headaches that occurred for an elongated period of time.  The documentation is written in accordance with the Joint Commission International Accreditation Standards and the Assessment of Patients.  Too many years have lapsed to change or remove the verbiage that is based on a question and answer response written on 4 May 00.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 16 Mar 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFMOA/SGH and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01678 in Executive Session on 24 Apr 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFMOA/SGH, w/atch, undated.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 16 Mar 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.