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


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APPLICANT REQUESTS THAT:

She be granted a full medical retirement.  

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APPLICANT CONTENDS THAT:

She did not receive a final medical examination prior to her 
discharge.  She continues to have medical issues that include 
partial facial paralysis, chronic neurological and heart issues.  
While she was on active duty she was diagnosed with a life 
threatening neurological condition.

In support of her request, applicant provided a Narrative 
Summary (Clinical Resume), documentation extracted from her 
medical records, a Department of Veterans Affairs (DVA) decision 
dated  12 September 2005, a Secretary of Defense memorandum 
dated      26 June 2008, and a Neurology Medical Evaluation 
Board (MEB) Consultation dated 29 September 2004.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was voluntarily discharged from the Regular Air Force 
on 31 July 2005, at the expiration of her term of service after 
serving on active duty for 14 years, 7 months and 25 days, in 
the grade of staff sergeant (E-5).

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical 
Consultant states that on or about 7 June 2005, the applicant 
submitted a request for a pre-discharge compensation and pension 
examination.  She listed medical conditions for which she sought 
service connected disability ratings through the Department of 
Veterans Affairs (DVA).  The Medical Consultant is of the 
opinion that, noting the applicant’s retention was largely 
affected only by her facial muscle weakness; her disability 
rating would not have reached the threshold to qualify her for 
the medical retirement she desires.  Additionally, although the 
DVA granted the applicant disability compensation for a number 
of unrelated medical conditions, in addition to her reported 
lower extremity symptoms, based upon the applicant’s 
demonstrated functionality, it is unlikely that her lower 
extremity function would have been found separately unfitting 
nor would it have been included in the final disability rating 
computation.  

The Medical Consultant noted that the disability rating criteria 
for the applicant’s residual incomplete severe paralysis of the 
facial muscle would have likely received a discharge with 
severance pay with a 20% disability rating.

Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provides a personal letter which captures her 
rationale for requesting a full medical retirement after serving 
over     14 years in the Regular Air Force.  She reviewed the 
BCMR Medical Consultant's response and states that she continues 
to suffer from the effects of Guillain-Barre Syndrome (GBS) and 
that the symptoms never completely resolved.  She has enclosed a 
photograph of her before and after GBS which reflects the damage 
caused by the disease.  She contends that not all of her medical 
issues have been addressed by the Medical Consultant.

She met all the criteria for GBS except for finding 
Cerebrospinal Fluid (CSF).  Her case did not meet the Military 
Evaluation Board (MEB) due to her Neurologist wanting to give 
her time to recover under the assistance of the Air Force 
medical system.  She contends that her doctor did not recommend 
her for the MEB because he felt she would be left with little 
access to medical care; ultimately leaving her with inadequate 
medical treatment.

She was concerned about a heart problem, continuing muscle 
spasms, and neurological pain which are documented in her 
medical records.  Four days into her diagnosis, she had heart 
palpitations which were never identified or adequately treated 
while on active duty.  She visited the DVA and was diagnosed and 
then placed on heart medication to control her heartbeat.  

The Medical Consultant evaluation states that a person retained 
with a 4P designation after a 12 month period would ordinarily 
generate an MEB.  The applicant wants to know why she did not 
meet the MEB as she was placed on a continuous profile from 
initial diagnosis of the GBS in 2001.  A new temporary profile 
was accomplished by the profile officer on 10 March 2005 and 
expired on 1 May 2005.

She states that the reason she did not get a medical and dental 
examination prior to her separation is because she was tired of 
trying to get the medical help that she needed.

In support of her submission, the applicant provided a personal 
statement dated 10 August 2008, three pages of medical reports, 
one photograph undated and one photograph dated 13 August 2008, 
and an article on GBS.

Her complete submission, with attachments, is at Exhibit E.

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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 an error or injustice warranting a 
measure of relief.  Applicant requests that her records be 
corrected to show that she was medically retired from the Air 
Force citing numerous medical conditions that existed at the 
time of her voluntary separation and the continuing symptoms she 
experiences.  As noted by the BCMR Medical Consultant, the 
applicant was referred to MEBs because of her partial facial 
paralysis, but was returned to duty.  After our review of the 
evidence of record along with the applicant's submission, we 
believe reasonable doubt has been established as to whether or 
not her partial facial paralysis received appropriate 
consideration during her MEB processing.  Noting her attending 
neurologist's recommendation that she be medically separated 
from the Air Force and the BCMR Medical Consultant's 
determination that her condition would have warranted a maximum 
20 percent disability rating for incomplete paralysis, we 
believe that benefit of doubt in this matter should be resolved 
in her favor.  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 be corrected only to the extent indicated below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

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

	a.  On 30 July 2005, she was found unfit to perform the 
duties of her office, rank, grade, or rating by reason of 
physical disability, incurred while she was entitled to receive 
basic pay; that diagnosis in her case was partial facial 
paralysis VASRD code 8207, rated at 20%; that the compensable 
percentage was 20%; that the degree of impairment was permanent; 
that the neglect; that the disability was not incurred during a 
period of unauthorized absence; and that the disability was 
received in the line of duty, but not as a direct result of 
armed conflict or caused by an instrumentality of war.

	b. On 31 July 2005, she was not discharged for 
unsuitability, but on that date she was honorably discharged by 
reason of physical disability, with entitlement to disability 
severance pay.

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The following members of the Board considered AFBCMR Docket 
Number BC-2008-00598 in Executive Session on 28 August 2008, 
under the provisions of AFI 36-2603:

XXXXXXXXXXXXXXX Panel Chair
XXXXXXXXXXXXXXX Member
XXXXXXXXXXXXXXXX Member

By a unanimous vote, the Board voted to grant the request.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 March 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 July         
                2008.
    Exhibit D.  Letter, SAF/MRBR, dated 18 July 2008.
    Exhibit E.  Letter, Applicant, 10 August 2008, w/atchs.




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					Panel Chair