RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01918 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His diagnosis of Obstructive Sleep Apnea be found In the Line of 
Duty (LOD), rather than Existed Prior to Service (EPTS)-LOD Not 
applicable (NA). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While serving in Kuwait as a truck driver with the Army in 
support of DESERT SHIELD/DESERT STORM he was exposed to black 
smoke from burning oil wells. Since that time he has had 
difficulty breathing, feels weak, and experiences daily fatigue. 

 

In support of his request the applicant provides copies of 
documents extracted from his military medical records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s DD Form 214, Certificate of Release or Discharge 
from Active Duty, dated 30 Jun 10 reflects he enlisted in the Air 
Force Reserves (AFRes) on 1 Oct 07. 

 

On 10 May 10, the applicant underwent an LOD for sleepless nights 
and fatigue during the day. He was referred for a sleep study 
with a recommended finding of EPTS-LOD NA. His case was referred 
to a LOD Board. On 23 Sep 10, the Board determined the 
applicant’s condition was EPTS-LOD NA. On 20 Dec 10, the 
applicant underwent another LOD and it was determined the 
applicant’s condition was EPTS-LOD NA. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

HQ AFRC/SGP recommends denial, noting the applicant underwent two 
LOD determinations for his medical condition and that both were 
determined to be EPTS-NA. There was no evidence submitted to 
reflect his military service caused or aggravated his medical 
condition beyond the natural progression. Further, there was no 
medical documentation provided showing any possible exposure to 
smoke or any other occupational exposure. There was no 
information provided reflecting previous complaints of pulmonary 
issues. 

 

A complete copy of the HQ AFRC/SGP evaluation is attached at 
Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 5 Aug 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit C). 

 

_________________________________________________________________ 

 

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 opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-01918 in Executive Session on 2 Feb 12, under the 
provisions of AFI 36-2603: 

 
 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 May 11, w/atchs. 

 Exhibit B. Letter, HQ AFRC/SGP, not dated. 

 Exhibit C. Letter, SAF/MRBR, dated 5 Aug 11.