RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-02398
INDEX CODE 108.02 108.04
COUNSEL: DAV
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her 2003 medical discharge with 10% disability pay be changed to a
medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was incorrectly rated at 10% and should have been medically
retired for migraines. The frequency and severity of the headaches
dictated a much higher rating. Had her condition been properly
evaluated, she would have been medically retired.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 Jun 99 and was
assigned to the 22nd Logistics Readiness Squadron at McConnell AFB, KS
as a customer service support element journeyman. Her performance
reports reflect the highest overall rating of “5.” She was promoted to
the grade of senior airman on 16 Jun 02.
The applicant’s medical records indicate she began experiencing
headaches during pregnancy but they markedly increased two months
following her delivery in Nov 01. Her menses did not resume following
delivery, indicating hormonal disturbances. She was treated with
injected pain medication on approximately 14 occasions and missed part
or whole days of work over a seven-month period between Feb 02 and Sep
02. Migraine headaches had been diagnosed following a neurological
evaluation in Apr 02. She was treated with a variety of medications.
In Aug 02, the neurologist initiated a new medication treatment that
correlated
with a significant decline in the frequency of severe headaches
requiring urgent care. The applicant was treated for headaches with
injected pain medication on 20 Dec 02 and 5 Feb 03. These occasions
were also noted to have occurred after beginning oral contraceptive
therapy. A 4 Nov 02 medical entry indicated control of headaches with
the new medication.
A Medical Evaluation Board (MEB) convened on 17 Dec 02 and the
Informal Physical Evaluation Board (IPEB) considered her case on
27 Jan 03. Her commander indicated she was unable to deploy and she
missed one hour of work every Monday, Wednesday, and Friday for
medical appointments. The IPEB concluded her headaches were unfitting
for continued military services, rated the headaches at 10%, and
recommended discharge with severance pay. The applicant concurred with
the findings and recommendations on 29 Jan 03.
She was honorably discharged for disability with 10% severance pay on
17 Mar 03 after three years, nine months and two days of active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant provides details of the applicant’s
military medical history. He advises migraine is an episodic headache
that is more common in females, tends to run in families, and commonly
begins with adolescence. Hormonal influences are evident in the
tendency in some women to experience worsening with birth control
pills and following pregnancy. Headache and migraines are conditions
experienced commonly by many people and do not typically cause
occupational or economic inadaptability. When those headaches become
so severe (“prostrating”), frequent, and prolonged as to prohibit
employment, then those migraines are disabling. There are many
individuals who experience severe, even prostrating, migraines yet are
fully employed and thus not economically disabled by their headaches.
The role of hormonal factors related to the applicant’s headaches
appears to be quite possible. Even during the most severe and frequent
headaches, she continued to perform at a high level in her job and was
limited primarily in deployability. The applicant clearly experienced
a seven-month period of two attacks per month on average. However, in
her final several months of active service, the frequency decreased
markedly to approximately once every two to three months, consistent
with the 10% or less rating in the VASRD. The applicant’s rating is
supported by the preponderance of the evidence and her request should
be denied.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant and her counsel on 30 Jan 04 for review and comment within
30 days. As of this date, this office has received no response.
_________________________________________________________________
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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded her medical discharge should be changed to a medical
retirement. The applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently
persuasive to override the evaluation of the Medical Consultant.
Despite her headaches, the applicant continued to perform at a high
level and was limited primarily in her ability to be deployable.
Further, the frequency of her headaches diminished in the last several
months of her military service. We agree with the Medical Consultant’s
conclusion that the IPEB properly adjudicated the applicant’s case. In
fact, the applicant herself agreed with the IPEB’s findings and
recommendations that her condition warranted a disability discharge
with a 10% rating. In view of the above and absent persuasive evidence
to the contrary, the applicant has not sustained her burden of having
suffered either an error or an injustice. Therefore, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 this application in
Executive Session on 10 March 2004 under the provisions of AFI 36-
2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Ann-Cecile M. McDermott, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02398 was considered:
Exhibit A. DD Form 149, dated 5 May 03 (received 21 Jul 03),
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 30 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 04.
BRENDA L. ROMINE
Panel Chair
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