RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03578
				INDEX CODE:  108.03
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect an “In Line of Duty (LOD) Determination” for Obstructive Sleep Apnea.

2.  He be credited with lost participation points and time in grade for retirement for the period covering November 2003 to November 2006.

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APPLICANT CONTENDS THAT:

While deployed in Baghdad in September 2003 he was seen by medical personnel for an episode of awakening from sleep and not being able to breathe.  The doctor told him to have his condition checked when he returned to his home station.  An LOD was initiated in October 2003.  He was released from active duty in November 2003 while the LOD was pending.  He underwent a sleep study in 2004 and his LOD was completed in November 2006, which stated his condition probably existed prior to service.  He believes the LOD determination is not accurate and goes against the Department of Defense Instruction (DOD) 1332.38, paragraph E3.  

In support of his request the applicant submitted copies of documents extracted from his military personnel and medical records.

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

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STATEMENT OF FACTS:

The applicant was on active duty orders from November 2002 through November 2003.  In March 2004 an LOD action was initiated.  The LOD was not completed and a final determination was not provided.  The LOD was initiated again on 4 Apr 06 and was finalized on 17 Nov 06 with the finding of “Existed Prior to Service-LOD Not Applicable.”

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AIR FORCE EVALUATION:

HQ AFRC/SGP recommends the requested relief be denied.  SGP states a review of the applicant's medical records found the medical condition was addressed by the supporting reserve medical unit with an administrative LOD in accordance with the applicable instruction.  The medical unit responded appropriately to the diagnosis and need for continued care and treatment by initiating an informal determination.

The presumption that a condition occurred or was aggravated in-the-LOD (ILOD) can be overcome by medical information that demonstrates the disease was clearly neither incurred nor aggravated while serving on active duty or authorized training.  The final LOD determination is documentation that this presumption was overcome and his condition was found EPTS-LOD N/A.  The finding of this LOD is consistent with applicable instructions.  Predisposition to develop Obstructive Sleep Apnea and a previous history of snoring predating activation orders were the evidence to support the finding of EPTS.  His condition was not deemed service aggravated as no evidence existed that the nature of his military duties permanently worsened the medical condition over and above its natural progression.

HQ AFRC/SGP's complete evaluation is at Exhibit C.

AFRC/A1BB recommends the applicant's request for continuation of orders be denied.  A1BB states he was never diagnosed as "unable to perform military duties" as a result of an ILOD that would have provided that entitlement.

AFRC/A1BB's complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states he initiated the LOD’s in September 2003.  He has proof of being placed on profile at his home of record.

Applicant’s complete response is at Exhibit F.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has been the victim of either an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03578 in Executive Session on 25 Jun 08 and 7 Jul 08, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03578 was considered:

	Exhibit A.	DD Form 149, dated 30 Oct 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Record.
	Exhibit C.	Letter, HQ AFRC/SGP, dated 12 Dec 07.
	Exhibit D.	Letter, HQ AFRC/A1BB, dated 4 Apr 08
	Exhibit E.	Letter, SAF/MRBR, dated 11 Apr 08.
	Exhibit F.	Letter, Applicant, not dated.