RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00909
			COUNSEL:  JERICHO DUTCHOVER, DAV
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His diagnosis of “Obstructive Sleep Apnea” be added to his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 
14 Jan 08, and included as part of his overall disability rating.
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APPLICANT CONTENDS THAT:

He was medically separated with a 20 percent service-connected disability rating for diabetes.

He was diagnosed with obstructive sleep apnea in 2007, but he was never given a sleep study or treatment for it.

His medical separation should have included disability ratings for diabetes mellitus and obstructive sleep apnea.  Both 
conditions were documented in his military medical records before his medical board was considered.  

The Department of Veterans Affairs (DVA) performed a sleep study test and his condition was confirmed.  However, the DVA denied 
his claim for sleep apnea in 2012 because he did not have sleep apnea while in the service.  His medical records prove that he 
had sleep apnea during his service.

In support of his request, the applicant provides a personal statement, VA Form 21-4138, Statement in Support of Claim; and 
SF 600, Chronological Record of Medical Care, dated 8 Nov 07.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 4 Dec 07, the applicant underwent a Medical Evaluation Board 
(MEB) for diabetes mellitus Type II.  The MEB referred the case 
to the Informal Physical Evaluation Board (IPEB).  On 14 Jan 08, 
the IPEB found the member unfit for continued service and 
recommended discharge with severance pay with a disability 
rating of 20 percent in accordance with Department of Defense 
(DoD) and Veterans Administration Schedule for Rating 
Disabilities (VASRD) guidelines.  On 18 Jan 08, the applicant 
agreed with the IPEB’s findings and recommended disposition, and 
officials within the Office of the Secretary of the Air Force 
directed his discharge on 3 Mar 08.  On 3 Mar 08, he was 
honorably discharged and credited with 8 years and 24 days of 
total active service.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial.  DPFD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process.

DPPD states that the applicant was previously boarded for 
obstructive sleep apnea in 2007, but he was returned to duty 
with an assignment limitation code.  His sleep apnea was listed 
under Past Medical History in the narrative summary of the 
current medical board.  The condition was not deemed to be 
unfitting and therefore, he was not boarded for the sleep apnea.

The complete DPFD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 Mar 13, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
D).  As of this date, this office has received no response.

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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 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 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.
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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 Docket Number BC-2013-00909 in Executive Session on 5 Dec 13, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 14 Mar 13.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 13.
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