RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03663 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His regular Reserve retirement be changed to disability/medical retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes that he was unjustly discharged from the Air National Guard after he developed an illness called sleep apnea. His active duty counterparts were allowed to continue to serve with this illness. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air National Guard who was discharged on 29 December 2006 and transferred to the Retired Reserve. He retired effective 4 August 2012. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPF recommends denial. The applicant was diagnosed with severe obstructive sleep apnea in 2001. The sleep disorder center also noted that he should use a Continuous Positive Airway Pressure (CPAP) machine every night. Any long-term deployment without having the use of the CPAP put him at medical risk. Therefore, he was medically disqualified for world-wide duty in accordance with AFI 48-123, Medical Examinations and Standards. On 21 September 2006, he signed a statement indicating that he did not wish to enter into the Disability Evaluation System solely for a fitness determination and that he understood he would not be eligible for medical separation benefits. Accordingly, he applied for transfer into the Retired Reserves. The applicant was transferred to the Retired Reserve List effective 4 August 2012 and authorized retired pay per Title 10, U.S. Code 12731. The complete SGPF evaluation is at Exhibit B. NGB/A1P concurs with the subject matter experts and does not recommend relief. The complete A1P evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 21 January 2013, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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 carefully considered the applicant’s submission and the available evidence of record and do not find that it supports a determination that his transfer to the Retired Reserve was improper. The evidence of record indicates that the applicant was afforded due process in accordance with applicable Air Force instructions. Therefore we agree with the opinion and recommendation of the NGB/SGPF and adopt their rationale as the basis for our conclusion that the applicant indicated that he understood he was not eligible for medical separation benefits and he elected to transfer into the Retired Reserve. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2012-03663 in Executive Session on 26 March 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jul 12, w/atchs. Exhibit B. Letter, NGB/SGPF, dated 4 Jan 13. Exhibit C. Letter, NGB/A1P, dated 11 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.