RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01063
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The assignment limitation code “C” restricting her from worldwide duty or
mobility be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Medical Evaluation Board (MEB) treated her unfairly. Before arriving
at Incirlik AB, Turkey, she was selected for follow-on assignment to Aviano
AB, Italy. She had been previously cleared for her assignment to Turkey as
well as being declared worldwide qualified 4 months prior during her annual
Physical Health Assessment (PHA) performed by the Incirlik clinic. The
physical exam section refused to sign off on her letter due to a pre-
existing condition of Ocular Myasthenia Gravis. She was originally
diagnosed with this condition in the fall of 1997 at Landstuhl Army
Hospital, while stationed at Ramstein AB, Germany. She has seen several
neurologists over the years and all agree that her condition does not
restrict her from performing her duties as a personnel technician or from
being worldwide qualified. A Medical Evaluation Board (MEB) was initiated
in October 2000 which would determine her worldwide eligibility and if she
was qualified to remain overseas and retain her assignment to Aviano AB.
Because the process was taking long, she contacted the base IG at Incirlik.
The Inspector General (IG) felt she had a justifiable complaint, not only
on the length of time that the MEB was taking, but also because the MEB
should not have been initiated since the Air Force had already set a
precedent by authorizing her worldwide qualification to complete two
previous tours in overseas areas since her diagnosis in 1997. The MEB
returned a decision that she was to be returned to duty, but she was not
worldwide qualified. She was devastated with the decision. The decision
was based on the fact that she needed to be in an area to receive necessary
medical treatment. She currently does not receive any medical treatment
for ocular myasthenia gravis. She was issued a prescription called
Mestinon, which is taken as needed and is available at all the base
pharmacies and at her previous overseas bases. Her only other requirement
in the form of care is an annual visit to a neurologist, which she would
have been able to complete more accessibly from her follow-on assignment in
Italy.
Upon her arrival at Peterson AFB, CO she was encouraged by her chain of
command to try for a new MEB. The neurologist at the Air Force Academy
hospital proposed submitting a narrative summary in lieu of initiating a
new MEB and supported her request to have the restriction code for
worldwide duty revoked. On November 14, 2001, she was notified that
despite another specialist recommending that she is fit for worldwide duty,
the decision to restrict her from worldwide duty stood. She was told by
Headquarters Air Force Personnel Center that the reason for her restriction
was based on the guidance in Air Force Instructions and not what the
neurologists recommended.
She is qualified on the M-16, has participated in mobility exercises (to
include the wear of chemical warfare gear) and received firewall 5 ratings
on all of the Enlisted Performance Reports written on her during her
overseas tours after her medical diagnosis. She has received no exclusions
from completing the annual fitness test as a result of her condition. She
is very active in base sports, successfully completed her last annual
fitness test and works out on a regular basis. She feels there is nothing
about her physical health that should preclude her qualification for
worldwide duty.
Despite the AFI stating that cases are evaluated on a case-by-case basis,
it seems to be generalized. Ocular Myasthenia Gravis is not life
threatening nor does it prevent her from performing her duties. She feels
that the recommendation of Neurologists with first-hand knowledge of her
condition, were ignored and the case-by-case consideration was not taken
into account. This decision seemed to be based on the AFI that was not
specific for a case-by-case basis or less serious types of this disorder.
The logic that she is restricted to a CONUS assignment, or to an overseas
assignment listed in the AFI, to receive proper medical care, is not
justified.
She has devoted over 14 years of her life to the Air Force and feels that
her ability to serve in the military is being limited with the removal of
her worldwide qualification. She feels that she is medically qualified for
overseas deployments and tours and is willing to volunteer for both. The
Air Force MEB refused to take her specific case into consideration. She
believes the MEB threw her into a general category and didn’t really
consider the inputs and recommendations of her doctors as well as her
supervisors and commanders. She would like the opportunity to finish her
Air Force career without restriction or limitation of service.
In support of her request, applicant provides a personal statement,
associated medical documents tabbed from letters A-K, and copies of EPRs
for the periods ending 30 November 1997, 8 July 1998 and 2 January 2001.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force on 7
December 1987. She is currently serving on a 26-month extension of her
enlistment she entered on 2 April 1996 giving her a new ETS date of 1 July
2004. She has been progressively promoted to the grade of technical
sergeant, having assumed that grade effective and with a date of rank of
1 February 2002. Applicant is currently assigned as an NCOIC, Class and
Retraining at Peterson AFB, CO.
The remaining relevant facts pertaining to this application extracted from
the applicant’s military medical records, are contained in the letters
prepared by the appropriate offices of the Air Force at Exhibits C-F.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied. The BCMR
Medical Consultant states that the applicant has ocular myasthenia gravis
which was diagnosed in 1997, that has been mild and has remained stable
without any evidence of progression in the nearly 5 years since diagnosis.
Myasthenia Gravis is an autoimmune disease in which antibodies against
neurotransmitter receptors interferes with normal neuromuscular function
typically manifesting as muscle weakness that becomes progressively worse
with effort and improves somewhat with rest. It often starts with eye
involvement causing blurring and double vision. Many patients experience
progression to generalized weakness that can be fatal over the subsequent 1
to 5 years. Approximately 10 to 15 percent of myasthenia gravis patients
will not progress to have generalized weakness. These patients are
considered to have “ocular myasthenia.” Ocular Myasthenia Gravis is a
subtype of myasthenia gravis that causes relatively mild disability, but
may progress to severe generalized muscle weakness.
The BCMR Medical Consultant states that myasthenia gravis is an unusual
condition and most primary care physicians are not familiar with the
diagnosis and management of this disease. Referral to neurology for
ongoing management is the usual practice. In overseas settings, medical
resources are limited and resourced to care for a healthy active duty
population. Military Treatment Facility commanders are reluctant to accept
active duty members with chronic medical illnesses however stable they
appear to be, as their experience has been too often to the contrary, and
their limited resources become quickly strained by patients with unusual
diseases or requirements. The applicant’s mild and stable course over 5
years seems to predict an excellent prognosis, and would suggest that she
is unlikely to develop problems inappropriate to an overseas assignment.
This, however, is not an absolute guarantee, and there is no clear data to
give a more specific quantification of risk. Medically clearing the
applicant for overseas assignments is a calculated risk. Taking this risk,
however small, is unnecessary to meet the needs of the Air Force. The
assignment of a Code C limitation in this case is conservative and prudent
and retains the applicant on active duty without exposing her to any
additional risk related to her condition. The BCMR Medical Consultant
states that the action and disposition of this case is proper and equitable
reflecting compliance with Air Force directives that implement the law.
The BCMR Medical Consultant evaluation is at Exhibit C.
The Chief Medical Standards Branch reviewed the application and concurs
with the conclusions and the recommendation of the BCMR Medical Consultant.
A consultation between the Chief Medical Standards Branch and the Air
Force consultant in Neurology determined that patients with Ocular
Myasthenia Gravis should not be assigned overseas. The Chief Medical
Standards Branch evaluation is at Exhibit D.
AFPC/DPPD reviewed the application and concurs with the BCMR Medical
Consultant’s recommendation. DPPD states that the applicant underwent
processing through the Air Force Disability Evaluation System (DES) and the
results were forwarded to the Informal Physical Evaluation Board (IPEB) for
adjudication of her case. The IPEB determined her medical condition for
Ocular Myasthenia Gravis did not prevent her from reasonably performing her
duties and found her physically fit. Subsequently, the IPEB recommended
that she be returned to duty for further care and treatment. The DPPD
evaluation is at Exhibit E.
AFPC/DPMAF2 reviewed the application and concurs with the conclusions and
recommendation of the BCMR Medical Consultant. The DPMAF2 evaluation is at
Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant advises that there is nothing specific listed for her condition
of ocular myasthenia gravis. She hopes that her condition, despite being
categorized as myasthenia, would be considered for its less severe
symptoms. Applicant refutes the BCMR Medical Consultant’s reference to her
having Myasthenia Gravis. She states she has Ocular Myasthenia Gravis,
which is a less severe, milder condition and does not affect her ocular
muscles and does not have an effect on her respiratory system. She has
taken into consideration that there is the possibility that her condition
could deteriorate, but all the neurologists she has spoken to have told her
that deterioration would likely occur within 3-5 years of diagnosis. She
is on her 5th year. Applicant states that the precedent of her previous
tours after being diagnosed should show that she is capable of serving the
Air Force anywhere. Applicant states that with the exception of her
prescription for Mestonin, and annual visits to the neurologist, no medical
facility is required for her condition.
Applicant states that removing her “C” code may be unnecessary to meet the
needs of the Air Force; however, no consideration is being given to the
emotional and mental needs of the active duty member in a situation where
physical evidence cannot be provided to warrant such a restriction. She
understands the Air Force reluctance to remove the code based on the fear
that something may happen in the future; however, she is confident that her
health meets worldwide qualifications.
Applicant attaches a current examination and narrative opinions from
Optometry, Opthamology and Neurology. The applicant’s complete rebuttal
with Tabs 1-8 are at Exhibit H.
_________________________________________________________________
ADDITIONAL AIR FORCE ADVISORY:
The BCMR Medical Consultant reviewed the current examination and narrative
opinions the applicant provided in her rebuttal. The BCMR Medical
Consultant states the recent neurology consultation dated September 7,
2001, reports that she has continued to do very well only taking her
medication (pyridostigmine also called Mestinon) as needed once or twice
per month. The BCMR Medical Consultant also noted the neurologist and the
neuro-ophthalmologist recommendation that she is worldwide qualified for
duty. The BCMR Consultant states that the risk of progression to the
generalized form is lower in patients such as the applicant, however the
actual risk in an individual cannot be specifically quantified. The
applicant states that the medical standards for the generalized form of
myasthenia gravis were unfairly applied to her. They were not. The
applicant’s condition is unusual, and she has been retained on active duty
with the conservative placement of a Code “C” restriction. The BCMR
Medical Consultant’s discussion with the Neurology consultant to the Air
Force Surgeon General confirms the opinion that the risk for progression in
this case is present, but unknown. However, reconsideration of her request
can be done based on a re-evaluation by the Neuromuscular and Neuro-
ophthalmology department at Wilford Hall Medical Center, and the
recommendation of the Neurology Consultant to the Air Force Surgeon General
to the Air Force Medical Standards Branch.
The BCMR Medical Consultant evaluation is at Exhibit I.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states she fails to see how consulting with more specialists in
the Neurological field will benefit her case when all the specialists have
had the same conclusion. Since she has previously accomplished all the
recommendations the BCMR Medical Consultant stated in his additional
advisory, she does not see any reason to spend government funds to go to
Wilford Hall to again obtain documentation that is already in her records.
Applicant states she fails to see what the difference would be whether she
was stationed overseas or CONUS if her condition worsened, which she
doesn’t believe it will after five years and a great period of remission.
The applicant is in the process of applying for retraining and would like
to go into the Contracting career field. However, the contracting field
has numerous deployments to overseas locations. Because of her limitation
code, this may come into play during the review of her package and her
retraining may be denied. She asks that her individual case be based on
the results of examinations of her current condition, and past history of
her disorder, not on what might be or what is considered a more severe
condition of general Myasthenia Gravis.
The applicant’s rebuttal Tabbed 1-3 is at Exhibit K.
_________________________________________________________________
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 provided to demonstrate the
existence of injustice that warrants the removal of the Assignment
Limitation Code (ALC) “C.” After a review of the facts and circumstances
of this case, we have reached a conclusion different from the Air Force
offices of primary responsibility in this matter. We are sufficiently
persuaded that the applicant has provided the necessary and appropriate
documentation to sustain her burden that she has been the victim of an
injustice and that she should be found qualified for “world-wide” duty. It
appears to us that the physicians who actually evaluated and treated the
applicant’s condition are in unanimous agreement that she has a very mild
symptom of ocular myasthenia gravis, which does not impair her ability to
perform her tasks, is readily treatable and she is world-wide qualified
despite her diagnosis. We note that at the time of her initial diagnosis,
she was stationed overseas, a tour she completed with no significant
problems, returned to CONUS and served on another overseas assignment, all
for which she was cleared for world-wide duty. In a recent neurology
consultation dated 26 June 2002, the Chief, Neurology Service, reports that
her ocular myasthenia gravis, is distinct from generalized MG and the two
conditions should not be grouped together. This physician further stated
that since it has been over 5 years since her diagnosis of ocular
myasthenia gravis, the risk of progression is extremely low, that the
applicant appears to be world-wide qualified and her request for the
removal of the ALC “C” should be reviewed. In view of the strong opinions
of the physicians who actually treated the applicant and the fact that she
was able to successfully function in an overseas assignment after the
diagnosis was made, we do not believe the applicant should be barred from
securing career opportunities that would be beneficial to the Air Force and
the individual. Therefore, as an exception to policy, we recommend that
her 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 on 26 June 2002, competent authority
determined that the Assignment Limitation Code “C” should be removed and
that she is medically qualified for world-wide duty.
_________________________________________________________________
The following members of the Board considered this application AFBCMR
Docket Number 02-01063 in Executive Session on 5 February 2003, under the
provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr, Panel Chair
Mr. Thomas J. Topolski, Jr, Member
Mr. Steven Shaw, Member
All members voted to correct the records as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 March 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 8 May 02.
Exhibit D. Letter, Chief Medical Standards Branch,
dated 6 Jun 02.
Exhibit E. Letter, AFPC/DPPD, dated 29 May 02.
Exhibit F. Letter, AFPC/DPMAF2, dated 7 Jun 02.
Exhibit G. Letter, SAF/MRBR, dated 14 Jun 02.
Exhibit H. Letter, Applicant, undated w/atchs.
Exhibit I. Letter, BCMR Medical Consultant, dated 9 Aug 02.
Exhibit J. Letter, AFBCMR, dated 12 Aug 02.
Exhibit K. Letter, Applicant, undated, w/atchs.
ROSCOE HINTON JR
Panel Chair
AFBCMR 02-01063
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 xxxxxxxxx, be corrected to show that on 26 June 2002, competent
authority determined the Assignment Limitation Code “C” should be removed
and that she is medically qualified for world-wide duty.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
ARMY | BCMR | CY2011 | 20110017300
The PEB determined that he remained unfit, awarded him a 30% disability rating, and recommended permanent retirement. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The PEB did so and rated him at 30% for his eye condition.
ARMY | BCMR | CY2010 | 20100006948
The applicant has not provided sufficient evidence to change his DD Form 214 to show he was separated from active duty due to a permanent disability. While the applicant was promoted to SFC, pay grade E-7, his promotion occurred after he was retired from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Showing he was placed on the TDRL on 17 November 1998 in pay grade E-7 * Showing he was placed on the...
AF | BCMR | CY2003 | BC-2002-03279
On 21 Feb 02, the Air Force PEB recommended that the applicant be permanently retired from the Air Force with a combined disability rating of 30 percent. Functional factors to be considered include but are not limited to psychotic manifestations, speech disturbances, impairment of vision, tremors, complete or partial loss of use of one or more extremities, and visceral manifestations. Evidence has not been presented which would lead us to believe that the applicant's disability processing...
AF | BCMR | CY2008 | BC 2008 00598
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00598 INDEX CODE: 108.04 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be granted a full medical retirement. Finding no evidence that her remaining conditions met the criteria for a determination of unfitness warranting consideration by the disability evaluation system, we recommend her records...
AF | BCMR | CY2006 | BC-2005-01947
________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPD recommends the application be denied, and states, in part the applicant was processed through the Disability Evaluation System (DES) and was found unfit for continued military service based on asthma which existed prior to service. The applicant contends the determination that her asthma existed prior to her service was solely based on the single sentence in the MEB that she reported using an...
AF | BCMR | CY2003 | BC-2001-02693
DPFP stated that, after being diagnosed with a seizure disorder, the applicant was discharged from the New Mexico Air National Guard on 1 Feb 01. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the AFBCMR Medical Consultant provided the following advisory opinion. The AFBCMR Medical Consultant’s evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW...
ARMY | BCMR | CY2011 | 20110018532
The applicant provides: * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) * Department of Veterans Affairs (VA) Rating Decision, dated 24 February 2009 * medical records CONSIDERATION OF EVIDENCE: 1. However, the evidence shows the TDRL PEB found him fit for duty on 15 June 2010 and he agreed with these findings and recommendation on 6 July 2010. There is insufficient evidence to show the applicant's condition was...
AF | PDBR | CY2012 | PD2012 01387
The migraine headache and low back conditions, characterized as “classic migraine headache, mild-moderate severity” and “mechanical low back pain-refractory,” were forwarded to the Physical Evaluation Board (PEB) IAW AFI 48-123.Intermittent right sided action tremor and subjective right sided tingling and paresis conditions were identified by the MEB and also forwarded as failing retention standards.The Informal PEB (IPEB)adjudicated the migraine headaches and LBPas unfitting, rated 10% and...
AF | BCMR | CY2013 | BC-2013-00397
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00397 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her Line of Duty (LOD) Determination documents be placed in her medical records in order for the Medical Evaluation Board (MEB) process to continue. The remaining relevant facts pertaining to this application are contained in the letter prepared by...
AF | BCMR | CY2003 | BC-2001-01184A
______________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends consideration for rating her neurocardiogenic syncope based on the severity of the condition at the time of her discharge. The service medical record finds no evidence of these symptoms while on active duty. In this regard, we note that the BCMR Medical Consultant believes that had her diagnosis of neorocardiogenic syncope been made definitively while on...