RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01628
            INDEX CODE:  122.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His line of duty (LOD) determination be changed from “No” to “Yes” for
Menieres Syndrome, the diagnosis  used  to  medically  disqualify  and
retire him.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The “system” refused to connect his illness to his  military  service.
His illness stemmed from the first anthrax vaccination he received  in
January 2000.  He still suffers from Menieres Syndrome,  from  Chronic
Fatigue Syndrome (CFS) and fibromyalgia.  On  25  February  2002,  the
only diagnosis used to retire him was Menieres Syndrome.  But he  also
suffered from CFS and fibromyalgia that were  not  diagnosed  at  that
time.  Today, he contends he still has all these illnesses without any
improvement.

In support of his appeal, the applicant  has  provided  copies  of  an
anthrax brochure,  a  veteran’s  administration  (VA)  letter  showing
service connection, medical  summaries,  pertinent  parts  of  his  VA
medical record, and a Department of  Veteran’s  Affairs  (DVA)  Rating
Decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant joined the Oregon Air National Guard (ORANG) on 30 April
1984.  He progressed through  the  enlisted  ranks  to  the  grade  of
technical sergeant (TSgt/E-6) with a date of rank (DOR)  of  23  March
1992.  He concurrently served in the federal civil service as  an  ANG
fulltime technician.  He received three anthrax vaccinations (8 and 22
January 2000, and  5  February  2000).   The  period  just  after  the
administration of each shot, the applicant  experienced  a  number  of
symptoms such as severe chills, tachardia, shortness  of  breath,  and
dizziness among others.  Most of the symptoms  subsided  and  resolved
within one day, the dizziness, shortness of breath,  and  rapid  pulse
remained.  From the period of March 2000 through November 2000, he was
evaluated several times regarding the above symptoms and  others  such
as  decreased  ability  to  concentrate,  explain  things,  understand
directions, and slight short-term memory loss.  He was also  evaluated
for inner ear problems that would account for his dizziness.  After  a
civilian neurologist found evidence of right vestibular nerve  damage,
he advised the applicant’s unit to  not  give  the  applicant  further
anthrax injections.  In May 2000, he  was  placed  on  a  profile  and
limited duty, able to perform only paperwork (approximately 10% of his
normal duties).  By July  2000,  a  possible  diagnosis  of  Meniere’s
disease was  considered.   In  November  2000,  his  commander,  after
consultation  with  medical  personnel,  decided  that  there  was  no
relationship  between  the   Meniere’s   disease   and   any   current
vaccinations in use.  In February 2001, allergies were  ruled  out  as
well as evaluations from Ear, Nose and Throat (ENT) personnel.  In May
2001, the National Guard Bureau (NGB) found him  no  longer  qualified
for World Wide Military Duty.  NGB’s LOD determination was “No”  based
on the diagnosis of Meniere’s disease.  He  was  allowed  to  continue
unit  training  assemblies  (UTA’s)  at  modified  work  profile.   In
February 2002, he was medically discharged from the ORANG  and  placed
on the Reserve Retired List, eligible for Reserve retired pay  at  age
60.  At the time of his discharge he had served a total of  26  years,
10 months, and 7 days of combined active and Reserve service.  He  was
honorably discharged in the grade of TSgt.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant notes that the applicant, while reportedly
“well” prior to January and February 2000 when he received the anthrax
vaccinations, was discharged for medical disqualification for a number
of symptoms including fatigue, dizziness, insomnia, and  anxiety,  all
lumped under the label  of  Meniere’s  disease.   Further,  while  the
applicant demonstrated transient  objective  inner  ear  abnormalities
suggestive of Meniere’s disease in the months  following  the  anthrax
vaccinations, it had been resolved upon retesting the  following  year
in a pattern consistent with the rare reports in medical literature of
similar transient abnormalities following a variety of vaccinations.

Current  expert  review  committees  have  not  found  any  scientific
(statistical,  epidemiological),  evidence   to   support   a   causal
relationship between anthrax vaccinations and Meniere’s disease,  CFS,
fibromyalgia  syndrome,  chronic  cognitive  disorders,  and   chronic
anxiety.  Even though rare events are impossible to prove or disprove,
an Institute of Medicine report specifically emphasizes that even when
there is a statistically significant association  observed,  there  is
not necessarily a causal association and concluded that  most  of  the
statistically significant associations seen did not indicate a  causal
relationship.
Adverse effects attributable  to  anthrax  vaccination  include  local
injection site and transient systemic reactions that  resolve.   There
are a large number of different  medical  conditions  that  have  been
noted to infrequently occur  in  temporal  relationship  with  anthrax
vaccination without evidence of causation including  diseases  of  the
skin,  blood,  psychiatric  illness,  neurological  disease,   cardiac
disease, musculoskeletal, kidney, liver, gastrointestinal,  endocrine,
and lung diseases.  These observed conditions occur at  similar  rates
as those observed with other routine vaccinations.

Symptoms of fatigue, mood-cognition,  and  musculoskeletal  complaints
occur infrequently following anthrax  vaccination.   The  Walter  Reed
Vaccine Healthcare Center documentation (included  in  the  applicants
case file) indicates the applicant’s complaints occur in “…at least 2-
3% of anthrax vaccines”, but are transient in the  majority  of  cases
and are rarely persistent.  Thus,  persistent/chronic  fatigue,  mood-
cognition, and musculoskeletal complaints (i.e. fibromyalgia syndrome)
occur in 1  percent  or  less.   Presently,  there  is  no  scientific
evidence that shows a causal relationship between anthrax  vaccination
and the applicant’s condition.   The  occurrence  of  conditions  with
these features (CFS and fibromyalgia syndrome) is estimated  to  occur
in the general population ranging from 1 to 4 percent for fibromyalgia
syndrome and 1 percent  for  CFS.   Thus,  the  less  than  1  percent
occurrence of CFS or fibromyalgia syndromes in  temporal  relationship
to anthrax vaccination does not exceed the expected occurrence in  the
non-vaccinated general population.  In the absence of other scientific
evidence linking the  vaccination  with  the  syndrome,  the  temporal
relationship does not establish causality as statistically  it  is  no
more likely that a chance occurrence.

Applicant incurred his chronic disability while in civilian status and
thus was not  eligible  for  military  disability  compensation.   Any
notion of proximate causation at present  is  purely  speculative  and
does not meet the standard required by  the  disability  system.   The
applicant submits a DVA rating decision  granting  service  connection
for Meniere’s disease as evidence to support his  request.   Operating
under different laws with a different purpose, determinations made  by
the  DoD  under  Title  10  and  the  DVA  under  Title  38  are   not
determinative or binding on decisions made by the other.

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  directives  that
implement the law.

The BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
January 2005 for review and comment within 30 days.  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.  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
sympathize with his medical condition;  however,  we  agree  with  the
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error  or  injustice.
The evidence presented by the applicant, while compelling,  failed  to
show a causal relationship between  his  conditions  and  the  anthrax
injections he received.  Therefore, in the absence of evidence to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2004-01628 in  Executive  Session  on  24  February  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. John E. Pettit, Member
      Ms. Carolyn B. Willis, Member







The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 30 Dec 04.
    Exhibit D.  Letter, SAF/MRBC, dated 4 Jan 05.



                                   MICHAEL J. NOVEL
                                   Panel Chair