RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-01603

            COUNSEL:  NONE

            HEARING DESIRED: Not indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

The “Not In the Line of Duty” determination be changed to “In  The  Line  of
Duty” (ILOD).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The 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.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Aerospace  Medicine  Branch,  Directorate,  Health  Services,  HQ
AFRC/SGP, reviewed the application and states that there was no new  medical
information included in this AFBCMR or the congressional inquiry, which  had
not already been included in the ILOD.  The medical information provided  in
all three cases indicate that the medical  conditions  associated  with  the
8 December 1997 event were the result  of  a  disease  process  which  began
before the start of the applicant’s period of military  duty  (5-8  December
1997).  This is further supported by the
applicant’s 5 December 1997 complaints of headaches and  not  feeling  well.
There is no indication that military  service  aggravated  the  individual’s
medical condition.  They do not recommend the requested relief be granted.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and  states  that  the
applicant clearly had no history of a seizure  disorder  prior  to  the  one
suffered on 8  December  1997.   Also  abundantly  clear  from  the  records
reviewed is the fact that there is no evidence that he was suffering from  a
preexisting condition at the  time  of  his  Unit  Training  Assembly  (UTA)
duties on the weekend of 5-7 December 1997.  Records show that  he  reported
a headache the first day of his training, but they do not indicate this  was
occurring prior to that first day of  training...either  in  the  memorandum
prepared by his commander  or  in  the  medical  records  from  his  ensuing
admission which specifically  states  he  suffered  headaches  on  5  and  6
December and not for any days prior to then.  While it might be argued  that
the  applicant’s  prior  intracranial  tumor  and  resulting  surgery,   and
possibly the head injury from age 15, might be  related  to  development  of
his seizure disorder, these were not found unfitting for reserve duty up  to
the time of this incident.  His new on-set seizure disorder  starting  on  8
December 1997 is obviously currently unfitting and he  carries  a  temporary
“4P” profile attesting to that.  This is set to expire on 10 December  1998.
 To say that the seizure disorder was an Existed  Prior  to  Service  (EPTS)
condition flies in the face of evidence to the contrary.  The  BCMR  Medical
Consultant is of the opinion that the applicant’s request to change his LOD-
No to LOD-Yes should be granted.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  28
September 1998 and 20 November 1998, for review and response.   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 timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice.   The  BCMR  Medical  Consultant
states that there is no evidence that the applicant  was  suffering  from  a
preexisting condition at the  time  of  his  Unit  Training  Assembly  (UTA)
duties on the weekend of 5-7 December 1997.  Both the  applicant’s  military
and civilian neurologists in their statements confirm that he had  no  prior
history of seizure disorder before this event.  In view  of  the  foregoing,
and to  offset  any  possibility  of  an  injustice  to  the  applicant,  we
recommend his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.    A Line of Duty  (LOD)  investigation  initiated  on  11 December
1997 was to determine if the diagnosis of “seizure disorder”  was  “in  line
of duty,” and that appropriate  Air  Force  authority  determined  that  the
diagnosis was “in line of duty.”

      b.    On 10 December  1997,  competent  medical  authority  determined
that the medical diagnosis incapacitated the member for worldwide duty  from
8 December 1997 to 28 February 1999, and that he is entitled to all pay  and
benefits IAW applicable laws.

      c.    He be immediately evaluated through  the  Air  Force  Disability
Evaluation System to determine his fitness for continued military duty.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 March 1999, under the  provisions  of  AFI  36-
2603:

           Mr. Michael P. Higgins, Panel Chair
           Mr. Philip Sheuerman, Member
           Mr. Patrick R. Wheeler, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 May 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFRC/SGP, dated 1 Sept 98.
   Exhibit D.  Letter, BCMR Medical Consultant, dated 18 Nov 98.
   Exhibit D.  Letter, AFBCMR, dated 20 November 1998.






                                   MICHAEL P. HIGGINS
                                   Panel Chair



AFBCMR 98-01603




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to  , be corrected to show that:

            a.   A Line of Duty (LOD) investigation initiated on
11 December 1997 was to determine if the diagnosis of “seizure disorder”
was “in line of duty,” and that appropriate Air Force authority determined
that the diagnosis was “in line of duty.”

            b.   On 10 December 1997, competent medical authority
determined that the medical diagnosis incapacitated the member for
worldwide duty from 8 December 1997 to 28 February 1999, and that he is
entitled to all incapacitation pay and benefits IAW applicable laws.

            c.   He be immediately evaluated through the Air Force
Disability Evaluation System to determine his fitness for continued
military duty.




                                                                    JOE G.
LINEBERGER

Director
                                                                    Air
Force Review Boards Agency