RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2010-02603

            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation, “Disability Existed Prior to  Service”,
be changed to match the determination of the Department of Veterans  Affairs
(DVA) that her condition was service connected and rated at 40 percent.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force inquiry into her medical condition was  incomplete.   The  DVA
inquiry clearly shows service connection.

In support of her application, the applicant  provides  documents  extracted
from her military medical and DVA records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 5 Mar 02, the applicant contracted her enlistment in the Air Force.

On 27 Feb 04, the applicant met a  Medical  Evaluation  Board  for  migraine
headaches.  The MEB forwarded her case to the Informal  Physical  Evaluation
Board (IPEB) based on the diagnosis of migraine headaches.  The  IPEB  found
the applicant unfit and recommended discharge under other than  Chapter  61,
Title 10.  They determined her migraines existed prior to  service  and  had
not been permanently aggravated through military service.  It was noted  she
had similar type headaches  as  a  child.   Her  sensitivity  to  stress  is
unavoidable in virtually any career field.  The applicant nonconcurred  with
the findings of the IPEB and appealed  to  the  Formal  Physical  Evaluation
Board (FPEB).  The FPEB concurred with the findings  and  recommendation  of
the IPEB.  She nonconcurred with the findings of the FPEB  and  appealed  to
the Secretary of the Air Force Personnel Council (SAFPC).  SAFPC
concurred with the findings  and  recommendations  of  the  IPEB  and  FPEB.
SAFPC directed discharge under other than Chapter 61, Title  10,  USC.   She
was honorably discharged on 14 Sep 04.  She served 2 years, 6 months and  10
days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSC recommends the requested relief be  denied.   The  Department  of
Defense (DoD) and the  DVA  disability  evaluation  systems  operate  under
separate laws.  Under Title 10, USC, a PEB must determine  if  a  condition
renders a member unfit for continued military service.   The  fact  that  a
person may have a medical condition does not mean  that  the  condition  is
unfitting for continued military service.  To be unfitting,  the  condition
must be such that it alone precludes the individual from  fulfilling  their
military duties.  If the board renders a finding of unfit, the law provides
appropriate compensation due to the premature termination of their  career.
Further, it must be noted that the  service  disability  boards  must  rate
disabilities based on the individual's condition at the time of evaluation.
 It is the charge of the DVA to pick up where the AF must,  by  law,  leave
off.  Under Title 38, the DVA  may  rate  any  service-connected  condition
based upon future employability or  reevaluate  based  on  changes  in  the
severity of a condition.  This often results in different  ratings  by  the
DoD and DVA.

AFPC/DPSC's complete evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends denial. Based on a review  of  the
medical documentation from the MEB, the  IPEB  and  FPEB,  the  applicant’s
migraines were  determined  to  be  unfitting  and  not  compensable.   The
evidence reflects  the  medical  condition  was  not  service  incurred  or
permanently aggravated by military service.  The exacerbation of headaches,
in response to certain triggers so soon  after  entering  military  service
does not represents a de novo illness or reflect a permanent  worsening  of
headaches; rather it  represents  the  expected  physiologic  response  and
clinical  expression  of  the  underlying  medical  condition,  under   the
influence of certain intrinsic and avoidable environment factors.

The complete AFBCMR Medical Consultant evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  17
Sep 10 and 24 Jan 11 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 an error or injustice.  The applicant’s contentions  are  duly
noted; however, we agree with the opinions and recommendations of  the  Air
Force office of primary responsibility and the  AFBCMR  Medical  Consultant
and adopt their  rationale  as  the  basis  for  our  conclusion  that  the
applicant has failed to sustain her burden of proof  of  the  existence  of
either an error or injustice.  Therefore, in the absence of evidence to the
contrary, we find no 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-2010-
02603 in Executive Session on 10 Mar 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2010-02603 was considered:

      Exhibit A. DD Form 149, 7 Jul 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSC, dated 10 Aug 10.
      Exhibit D. Letter, SAF/MRBR, dated 17 Sep 10.
      Exhibit E. Letter, AFBCMR Medical Consultant, dated 13 Jan 11.
      Exhibit F. Letter, SAF/MRBR, dated 24 Jan 11.





                             Panel Chair