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AF | BCMR | CY2004 | BC-2003-00597
Original file (BC-2003-00597.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00597

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed from “Hardship” to a  medical
disability discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In March 2002, she was separated on a hardship discharge due to  her  mother
being terminally ill with cancer.  In May 2002, she attempted to  enlist  in
the Air Force Guard or Reserves.  She was  disqualified  to  enlist  because
she  was  on  Albutrol  and  Seizure  medication  prior  to   her   hardship
separation.  She was also told that  she  should  have  been  put  before  a
medical board once she was placed on these medications  fulltime.   At  this
time, she still takes both of these medications, as well as another  steroid
that was given to her by the military facility here  at  Maxwell  AFB.   She
currently receives treatment through the VA.

For these reasons, she is asking that her military record  be  corrected  to
reflect a medical discharge for the disqualifying  medical  conditions  that
she had while still on active duty.

In support of her request, she submits a copy of DD  Form  214,  Certificate
of Release or Discharge from Active Duty, copies of medical records, and  DD
Form 293, Application for the Review of  Discharge  or  Dismissal  From  the
Armed Forces of the United States.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 October 1996  and  was
progressively promoted to the grade of staff sergeant.  She  was  discharged
under the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(Hardship) from the Air Force on 31 March 2002 with an honorable  discharge.
 She served 5 years, 5 months and 15 days of total active duty service.

A review of the service medical record finds a history of  headaches,  which
existed prior to service.  The applicant’s  enlistment  medical  examination
(30 July 1996) documents that the applicant was taking Advil for  headaches.
While in basic military training, the applicant was  treated  for  headaches
and was diagnosed as migraine headaches receiving  prescriptions  for  anti-
migraine medications in February 2001 and June 2001.  On  18 February  2002,
she   experienced   a   severe   headache   associated    with    loss    of
consciousness/altered consciousness lasting 30 minutes. She  had  apparently
sought care at two different civilian emergency rooms but left before  being
seen  because  of  long  waits.   She  presented  to  the  base  clinic  for
evaluation on February 19, and  22,  2002.   Those  medical  record  entries
document that she reported four similar episodes over  several  years.   The
applicant reported a family history of seizures in her  paternal  uncle  and
aunt.  The neurological examination was unremarkable and  a  computed  axial
scan of her brain  was  normal.   Her  physician  was  concerned  about  the
atypical nature of her symptoms and was concerned about the  possibility  of
seizure and referred the applicant for an electroencephalogram (EEG)  and  a
neurology  evaluation.   The  EEG,  performed  1  March  2002,  was  normal;
however, the neurologist pointed out “the absence of  eleptiform  discharges
during the EEG recording does not  rule  out  the  diagnosis  of  a  seizure
disorder.  Sleep was not observed  during  the  recording”.   The  neurology
evaluation report is not present  in  the  record.   There  are  no  further
recurrences of severe headaches with  altered  consciousness  documented  in
the service medical record  after  18  February  2002.   On  her  separation
medical examination the applicant reported  recurrent  headaches  “over  the
past year and a half, periods  lasting  3  days  in  which  severe  headache
encompasses the entire  head  with  neck  stiffness  and  followed  blackout
lasting 35 minutes to 3 hours.  Not currently diagnosed -  o/r  epilepsy  by
EEG.”  Her medications at  the  time  of  discharge  included  her  migraine
medication but did not include any anti-seizure medication.

On 4 February 2002, the applicant, a cigarette  smoker  with  a  history  of
smoking  ½  to  2  packs  of  cigarettes  a  day  for  24  years,  presented
complaining of a history of intermittent episodes of coughing and  wheezing,
with decreased air intake for the previous 6  months  along  with  a  family
history of asthma (not reported in previous medical records).   On  physical
examination her lungs were clear to auscultation (no  audible  wheezing  wit
the  stethoscope),  however  her  symptoms  and  peak  flows  (rate  of  air
exhalation measured by a simple peak  flow  device)  improved  with  inhaled
bronchodilator medication.  She was diagnosed with reactive  airway  disease
and treated with a  short  course  of  prednisone  and  also  prescribed  an
inhaler (bronchodilator medication).  There are no  further  medical  record
entries after an 8 February 2002 follow  up  documenting  further  problems.
There were no  prior  clinic  visits  for  cough,  shortness  of  breath  or
wheezing in the service medical record.  The applicant had  previously  been
counseled regarding smoking and had made attempts to  quit  (was  prescribed
nicotine patches etc).

In her letter accompanying her application for correction, she reports  that
following the death of her mother she attempted to enlist in the  Air  Force
Guard/Reserves in May 2002 (two  months  after  discharge)  but  was  denied
because of her medical conditions and associated medications.  She  provides
a medication list dated 26 April 2002  from  the  VA  clinic  that  includes
Dilantin,  an  anti-seizure   medication,   inhalers,   and   her   migraine
medication.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  indicates  the  mere  presence  of  a  physical
defect or condition does not qualify a member for disability  retirement  or
discharge.  The physical defect or conditions must  render  a  member  unfit
for duty, and their military career must have been  cut  short  due  to  the
service connected disability.   Active  duty  members  who  develop  medical
problems during the final 12 months of their active duty period  (i.e.  have
a scheduled retirement or separation as in this case) are presumed  fit  for
continued active duty unless there is clear and convincing evidence  to  the
contrary.  For members who are in the process of retirement  or  separation,
medical hold (retaining on active duty for disability evaluation of  medical
conditions) is not approved  for  the  purpose  of  evaluating  or  treating
chronic conditions, performing diagnostic studies, elective surgery or  it's
convalescence,  other  elective  treatment  of  remedial  defects,  or   for
conditions that do not otherwise warrant termination of active duty  through
the Disability Evaluation System.   Furthermore,  when  there  has  been  no
serious deterioration within the presumptive period, the ability to  perform
duty in the future shall not be a consideration.  The applicant's  condition
regardless of whether  it  was  due  to  complicated  migraine  headache  or
seizure disorder, was a chronic condition spanning "several years" that  had
not worsened, had not interfered with her performance of duty, was  not  the
cause for her separation and would not have warranted placement  on  medical
hold.  Therefore the BCMR Medical consultant  is  of  the  opinion  that  no
change in the records is warranted.  Action and  disposition  in  this  case
are proper and equitable reflecting  compliance  with  Air  Force  directive
that implement the law.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated the episodes of  non-
consciousness  had  not  continued,  however,  she  attribute  that  to  the
continuation of medication.  However, as she stated, even  though  she  have
stopped smoking for a year now, the episodes of  breathing  difficulty  have
continued, as well as the treatment of both conditions.



At the time, she was active duty, she was informed that she  could  not  sue
the Air Force for the mismarked medical record by flight medicine,  and  she
and her commander were also informed that that was something that  could  be
corrected through this Board.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case and do not  find  that
it supports a determination that the applicant should  have  been  medically
discharged.  The Board notes that for an individual to be  considered  unfit
for military service, there must be a medical condition so  severe  that  it
prevents performance of any work commensurate with rank and experience.   In
this case, her condition did not render  her  unfit  for  continued  service
prior to her applying for a hardship discharge.  Therefore,  we  agree  with
the  opinion  and  recommendation  of  the  Air  Force  office  of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
the absence of evidence to the contrary, we find no basis to  recommend  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-00597
in Executive Session on 17 February 2004, under the provisions  of  AFI  36-
2603:

                 Ms. Marilyn Thomas, Vice Chair
                 Ms. Martha J. Evans, Member
                 Mr. Charles E. Bennett, Member





The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.



                                             MARILY THOMAS
                                             Vice Chair

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