IN THE CASE OF:	  

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130013708 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in item 28 (Narrative Reason for Separation) to show "Disability, Service Related or Disability, Aggravated by Service" vice "Disability, Existed Prior to Service (EPTS), Physical Evaluation Board (PEB)."

2.  The applicant states he was honorably discharged from the Army in 1996 due to constant severe migraine headaches aggravated by vigorous exercise.  He did not have migraines prior to service.  The onset of his migraines did not appear until August of 1995, near the end of his Advanced Individual Training (AIT).  He did not seek medical treatment until he arrived at his permanent duty station, Fort Meade, MD.  

	a.  He saw multiple doctors and specialists at Fort Meade and Walter Reed Army Medical Center (WRAMC).  His doctors tried many medications and treatments but nothing helped.  He was eventually evaluated by a "Medical Evaluation Review Board."  The board findings specifically spelled out migraine without aura, exacerbated by vigorous exercise and that his migraines were not an EPTS condition, but rather incurred while he was enlisted.  He believes his narrative reason for separation was improperly noted on his DD Form 214.  This improper annotation is making it impossible for him to seek treatment and benefits related to his continuing migraines.  

	b.  He also believes that the Army made the improper conclusion that the car accident causing a traumatic brain injury (TBI) he was involved in a few years before his enlistment caused his migraines.  
	c.  He did have an occasional headache prior to joining the Army, he never suffered from a migraine until he was in AIT.  Even if his migraines were considered an EPTS condition, he never had an issue until well into his military service and was only brought on by the stresses incurred in the Army.  He has suffered with these migraines for 17 years.  He has sought help from his family physician and is still under treatments for his migraines.  He requires assistance from the Army and the Department of Veterans Affairs (VA) to combat this continuing disability.  Furthermore, he believes the improperly annotated narrative reason for separation is a serious roadblock to his continuing struggle to deal with his migraines.  

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 1 September 1994, which shows the applicant underwent a physical examination prior to enlisting in the Army.  There was no mention of migraine headaches on this form and he was found physically/medically qualified for military service.

3.  He enlisted in the Regular Army on 4 January 1995 and held military occupational specialty (MOS) 98K (Non-Morse Interceptor Analyst).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

4.  His record contains an SF (93) (Report of Medical History), dated 30 July 1996, wherein:

	a.  He indicated he was suffering from migraines, had frequent or severe headaches, and had incurred a head injury. 

	b.  His physician indicated he had severe headaches brought on by vigorous activity, that he had received a head injury as a result of a motor vehicle accident where he was hit on the front and hack of the head and suffered disorientation but no loss of consciousness.

5.  His record contains an SF 88, dated 2 August 1996, wherein his physician diagnosed him with migraine without aura exacerbated by physical activity.

6.  His narrative summary (NARSUM), dated 2 August 1996 wherein his physician stated:

	a.  The applicant's headache history consists of headaches occurring approximately one to two times per month; however, in June 1993 he was involved in a motor vehicle accident during which time he was unrestrained.  His head went out the passenger window after hitting the frontal region of his head on the windshield.  He states that shortly after this, the headaches increased in frequency.  Then between March and August of 1995, the headaches began to be associated with exercise/specifically occurring 10 to 15 minutes after repetitive motion exercise, such as situps, and pushups.  The applicant was seen in the WRAMC, Neurology Clinic in November 1995 complaining of severe exertional headaches.  

	b.  Currently the headaches occur every time the applicant does any type of vigorous exercise, specifically physical training (PT).  Additionally, he states other headaches occur with exercise one to two times a week.  The location varies but the headaches are usually occipital or frontal and occur bilaterally.  These headaches last from one hour to two days, and are associated with some nausea.  The applicant states he cannot perform any form of vigorous activity without getting a severe headache which prevents him from progressing on in the exercise.  In November 1995, he was prescribed Indomethacin taken prophylactically prior to exercise but this did not prevent the exercise-induced headaches.  Additionally, he was tried on Inderal.  The Inderal seemed to prevent the other daily headaches which are unassociated with exercise but did not affect the exercise-induced headaches.  He was also tried on Verapamil, Midrin, Naprosyn and Imitrex; however, these medications did not help the exercise-induced headaches, only the headaches that occurred outside the setting of exercise.

	c.  Other than the aforementioned head trauma, there was no other pertinent past medical history.  Pertinent family history includes a mother, aunt, and grandmother with headaches.

	d.  The general physical examination was normal.  The applicant does have a scar in the occipital region of his head from the motor vehicle accident.  The neurologic examination was normal.  

	e.  The applicant had an magnetic resonance imaging on 11 November 1995 which showed a venous angioma in the right external capsule.  There was no evidence of prior contusion, encephalomalacia, bleed, hemorrhage, or midline shift, and the scan was otherwise normal.

	f.  The applicant's current condition consists of headaches precipitating anytime the patient participates in vigorous activity as well as other headaches. These occur approximately three to four times per week.  While the course of exercise-induced headaches can vary, there exist the possibility that this patient will have associated with vigorous activity for years to come.  This is not life-style-limiting but it does prevent from fully participating in the duties of a Soldier.

	g.  The physician diagnosed the applicant with migraine without aura, exacerbated by vigorous exercise.  The physician also stated that based on inability to perform vigorous exercises, the patient does not meet criteria for retention as listed in the Army Regulation 40-501 (Standards of Medical Fitness), and it is the opinion of medical officers that the applicant's condition be referred to the PEB for determination for fitness of duty.

7.  His DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 
8 August 1996 show the MEB considered him for migraine without aura, exasperated by vigorous exercise.  The MEB found his condition medically unacceptable, determined the date of origin as 1995, indicated that the condition was incurred while he was entitled to base pay, and was not an EPTS condition.  The MEB referred him to a PEB.  Additionally, he agreed with the MEB's findings and recommendations.

8.  HIs DA Form 199 (PEB Proceedings), dated 20 August 1996, show the PEB considered him for the condition of migraine without aura, exasperated by vigorous exercise.  The PEB determined that the applicant's medical condition was an EPTS condition, not permanently aggravated by service, and that he was unfit.  The PEB recommended the applicant be separated from military service without disability benefits and the applicant concurred with the PEB's recommendation and waived his right to a formal hearing.

9.  His DD Form 214 shows he was honorably discharged from active duty on 
2 October 1996 in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4) (Separation for physical disability without severance pay with the narrative reason (Disability, EPTS, PEB)

10.  Army Regulation 635-40 establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for MEBs, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

11.  Chapter 4 of Army Regulation 635-40 provides for the separation of enlisted Soldiers found to be unfit by a PEB due to a condition which existed prior to service or occurred in the line of duty and not due to the Soldier's misconduct.  Paragraph 4-24b(4) provides for separation for physical disability without severance pay.

12.  Army Regulation 635-40 states, in pertinent part, that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's NARSUM shows that prior to his military service he had a history of headaches occurring approximately one to two times per month and a family history of headaches.  His NARSUM also shows that the applicant was involved in a car accident in June 1993 and he was not wearing his seatbelt.  During the accident he hit the frontal region of his head on the windshield.  Furthermore, he told medical authorities at WRAMC that shortly after the car accident his headaches increased in frequency.  

2.  The PEB reviewed his medical records, to include the NARSUM, and determined that his migraines were based on an EPTS condition.

3.  The applicant has not provided any evidence and his record did not contain any evidence to refute the PEB's findings.  Furthermore, he concurred with the PEB's findings.  

4.  Based on the foregoing, there is insufficient evidence to grant the requested relief.  

5.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130013708





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ABCMR Record of Proceedings (cont)                                         AR20130013708



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