RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02861
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  that  he  was  discharged  with  a  higher
disability  rating  entitling  him  to   permanent   disability   retirement
benefits.

________________________________________________________________

APPLICANT CONTENDS THAT:

In Dec 06, he received an individual disability rating  of  20 percent  from
the Department of Veterans Affairs  after  he  was  diagnosed  with  Partial
Seizure Disorder (PSD).  The disorder  caused  headaches  he  suffered  from
prior to his discharge.  The PSD was also directly linked to  meningitis  he
contracted while in military service.  His VA rating was  increased  in  Feb
06 due to PSD.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 4 Mar 96, the applicant was honorably discharged  from  the  Regular  Air
Force in  the  grade  of  Airman  First  Class  (E-3)  for  disability  with
severance pay.  He had served 1 year 9 months and 25 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant opines no change to the  applicant's  record  is
warranted.

On 15 Dec 95, he was hospitalized  with  a  chronic,  severe  bifrontal  and
occipital headache after no response from outpatient  medications  over  the
previous two weeks.  He had a normal CT scan.  Multiple life stressors  were
identified as possible triggers.  A psychiatry consult revealed a  diagnosis
of  psychological  factors  affecting   physical   condition.    Intravenous
medications resolved the headaches and he was  released  from  the  hospital
two days later.

On 2 Jan 96, the applicant met a Medical  Evaluation  Board  (MEB)  and  the
case was referred to the Informal Physical Evaluation Board  (IPEB).   On  8
Jan 96,  the  IPEB  recommended  a  discharge  with  severance  pay  with  a
disability rating of 10 percent.

The applicant was awarded  a  10  percent  disability  rating  for  vascular
headaches and a 10 percent  rating  for  gastritis  with  gastro  esophageal
reflux by the VA.  There was no claim for seizure disorder at that time.

In a VA Rating dated 22 Nov 06, the  applicant  was  awarded  a  20  percent
disability rating for partial seizure disorder associated with meningitis.

The BCMR Medical Consultant notes there is no evidence of  seizures  in  the
applicant's  medical  records.   He  had  aseptic  (viral)  meningitis   and
suffered from headaches while in the service.  DVA neurologists have  opined
that the applicant's  seizure  disorder  could  have  been  related  to  his
meningitis  and  thus,  service-connection  was  awarded.   The  Air   Force
Disability  Evaluation  system  by  law  only  compensates   those   medical
conditions that were disabling at the time of discharge.  In this case,  the
applicant's migraine headache condition was  considered  unfitting  for  the
rigors of further military service, but presented only  a  minor  disruption
in his ability to seek employment in the civilian sector.   The  applicant's
gastritis and gastro esophageal reflux was not disabling  and  did  not  cut
the applicant's career short.  Once the rating is finalized,  it  cannot  be
changed despite any further progression of the applicant's  disease  process
or the later discovery of other diagnoses.

The BCMR Medical Consultant concludes action and disposition  in  this  case
are proper and equitable reflecting compliance  with  Air  Force  directives
that implement the law.

The complete BCMR Medical Consultant's evaluation, with attachments,  is  at
Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22  Oct
07 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  The applicant’s  contentions  are
duly noted; however, in our opinion, the detailed comments provided  by  the
AFBCMR Medical Consultant adequately address  these  allegations.   By  law,
the Air Force Disability Evaluation System only  compensates  those  medical
conditions that were disabling at the time of discharge.  Therefore, we  are
in complete agreement with the comments and  recommendation  of  the  AFBCMR
Medical Consultant and adopt his rationale as the  basis  for  our  decision
that the applicant has not been the victim of either an error or  injustice;
therefore, we find no basis to recommend granting the relief sought.

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(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 7 February 2008, under the provisions of AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. Mark J. Novitski, Panel Member
                 Ms. Renee M. Collier, Panel Member

The following documentary evidence was considered in AFBCMR BC-2007-02861:


      Exhibit A.  DD Form 149, dated 20 Aug 07.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, BCMR Med Consultant, 17 Oct 07, w/atchs.
      Exhibit D.  Letter, AFBCMR, dated 22 Oct 07.



                                   GREGORY A. PARKER
                                   Panel Chair