RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-03178

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His medical condition (migraine headaches) be rated  by  the  Informal
Physical Evaluation Board (IPEB) so his combined rating will reach  30
percent and entitle him to a permanent disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes if his migraine headaches had been rated at  the  time  of
his Medical Evaluation Board  (MEB),  he  would  have  been  medically
retired.

In support of his request, the  applicant  provides  a  DD  Form  214,
Certificate of Release or Discharge from  Active  Duty,  AF  IMT  100,
Request and Authorization for Separation,  AF  IMT  973,  Request  and
Authorization for Change of Administrative Orders  and  Department  of
Veterans Affairs (DVA) Rating Decision dated 25 Aug 08.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 Jul 92, the applicant contracted his initial enlistment  in  the
Regular Air Force.

On 22 Jan 08, the applicant underwent an MEB for chronic low back pain
due to Lumbar Radiculopathy from Disc Disease.  The MEB  referred  his
case to the IPEB.  On 31 Mar 08, the IPEB considered  the  applicant’s
case and recommended his discharge  with  severance  pay,  with  a  20
percent disability rating.  On 2 Apr 08, the applicant concurred  with
the findings  and  recommendation  of  the  IPEB.   He  was  honorably
discharged on 13  May  08,  with  severance  pay  with  a  20  percent
disability rating.

_________________________________________________________________

AIR FORCE EVALUATION:

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

The AFBCMR Medical Consultant recommends  denial  of  the  applicant’s
request for inclusion of migraine headaches in his military disability
rating computation and  permanent  medical  retirement.   The  Medical
Consultant states that in order to justify the  retroactive  inclusion
of migraine headaches in the applicant’s  military  disability  rating
computation, there must be sufficient evidence  to  show  the  medical
condition interfered with his ability to perform  the  duties  of  his
office, grade, rank, and rating.  The Air Force Instruction (AFI)  48-
123, Medical Examination and Standards, states that migraine headaches
are potentially disqualifying for military service  if  the  headaches
are manifested by disabling attacks requiring frequent  absences  from
work and are not relieved by medical treatment.  There was no evidence
provided to reflect his migraine headaches interfered with his ability
to perform his military duties. In  addition,  no  evidence  has  been
provided  to  show  that  his  physicians  ever  considered  including
migraine headaches in the MEB as disqualifying.

The Medical Consultant considered the merits of awarding an additional
disability rating for the applicant’s radicular symptoms; however, the
available evidence did not rise to the  minimum  available  disability
rating under the applicable DVA rating code.  The Military  Disability
Evaluation System (MDES), in its charge to maintain a  fit  and  vital
fighting force, can only by law offer compensation for the illness  or
injury that is the cause for career termination, and then only for the
degree of the impairment present at the time of separation and not  on
future occurrences.  The DVA operates under a different  set  of  laws
which authorize the award of disability compensation for any  service-
connected medical condition determined service incurred or aggravated,
without regard to its impact  upon  a  servicemember's  retainability,
fitness to serve, or reason for separation.  This is the reason why an
individual can be found unfit  for  service  for  one  condition,  and
receive  compensation  rating  from  the  DVA  for  another   service-
connected, military non-unfitting condition.  The mere existence of  a
medical condition  during  military  service  does  not  automatically
warrant an unfit finding and  a  military  compensation  rating.   The
Medical  Consultant  further  notes  that  DVA  Instruction   1332.38,
Physical Disability Evaluation, states that regardless of the presence
of an illness or injury, inadequate performance of  duty,  by  itself,
shall not be considered as  evidence  of  unfitness  due  to  physical
disability unless it is  established  there  is  a  cause  and  effect
relationship between the two factors.  There was no cause  and  effect
of the applicant’s  migraine  headaches  upon  his  retainaibility  or
ability to perform military service.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
4 Feb 11 and 29 Apr 11, 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 an  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and the recommendations of the Air
Force  office  of  primary  responsibility  and  the  AFBCMR   Medical
Consultant and adopt their rationale as the basis for  our  conclusion
the applicant  has  failed  to  sustain  his  burden  of  proving  the
existence of an error or injustice.   Therefore,  in  the  absence  of
sufficient 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-
2010-03178 in Executive Session on 25 May 11, under the provisions  of
AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Sep 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSD, dated 20 Dec 10.
      Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.
      Exhibit E. Letter, AFBCMR Medical Consultant, dated
                       27 Apr 11.
      Exhibit F. Letter, SAF/MRBR, dated 29 Apr 11.





                             Panel Chair