ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03578
		INDEX CODE:  111.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive credit for points and pay for the period covering 
November 2003 to November 2006.

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STATEMENT OF FACTS:

On 25 Jun 08 and 7 Jul 08, the Board considered and denied the 
applicant’s appeal requesting he receive a “In Line of Duty 
(LOD)” determination for Obstructive Sleep Apnea and he receive 
credit for lost participation points and time in grade for 
retirement for the period November 2003 through 2006.  A 
complete copy of the Record of Proceedings is attached at 
Exhibit G (with Exhibits A through F). 

By letter dated 1 Sep 09, applicant requests reconsideration of 
his request contending that on 22 Jun 07, HQ AFRC/SGPA notified 
his unit to remove his P4 status.

In support of his appeal, the applicant submits a copy of 
HQ AFRC/SGPA memorandum, dated 22 Jun 07 and AF Form 422, 
Physical Profile Serial Report, dated 9 Nov 04.

Applicant’s complete submission, with attachments is at 
Exhibit H.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends granting partial relief 
by offering pay and points for the period 22 Nov 03 through 
17 Nov 06 in the grade of technical sergeant.  The Medical 
Consultant states obstructive sleep apnea, a chronic medical 
disorder is unlikely to have first begun during the final months 
of a one-year active duty deployment. It is important to 
distinguish an LOD finding from a determination whether or not a 
medical condition existed prior to (active) service for the 


purpose of eligibility for entering the Disability Evaluation 
System. Since the applicant's symptoms were first reported while 
serving in a period of active duty, it is reasonable to 
initially conclude that his symptoms were in line of duty. 
However, once the clinical diagnosis was made, other possible 
causes of an acute service-incurred cause of difficulty 
breathing were ruled out.  The brief historical note of record 
(dated 2003 without the month and day) is descriptive of the 
presence of symptoms for the past "1 to 2 years."  This 
information, along with the anatomic descriptions on examination 
and the recognized pathophysiology of obstructive sleep apnea, 
support a greater likelihood that the applicant's obstructive 
sleep apnea existed prior to his activation and was unlikely to 
have been permanently aggravated by his military service.  The 
Medical Consultant further states that it was not the 
applicant's fault for the delays in processing his LOD 
determination; noting efforts as early as 2003 to get this 
accomplished and notwithstanding the "P4T" profile dated 2004.

The complete Medical Consultant’s evaluation is at Exhibit I.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 2 Mar 10, for review and comment within 30 days.  As of this 
date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined that there was 
insufficient evidence to warrant any corrective action regarding 
the applicant’s request for a In Line of Duty Determination and 
credit for pay and points for the period November 2003 through 
November 2006.  The applicant now requests credit of pay and 
points for the period November 2003 through November 2006.  After 
a thorough review of the available evidence, we agree with the 
recommendation of the AFBCMR Medical Consultant and adopt his 
rationale as the basis for our decision to grant the applicant 
pay and points for the period 22 Nov 03 through 17 Nov 06.  
Therefore, we recommend his records be corrected to the extent 
indicated below

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 


not released from active duty on 22 November 2003, but was 
continued on active duty until 17 November 2006.

______________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2007-03578 in Executive Session on 4 Apr 10, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary pertaining to AFBCMR Docket Number BC-
2007-03578 was considered:

	Exhibit G.	Record of Proceedings, dated 30 Oct 09, w/atchs.
	Exhibit H.	Letter, Applicant, dated 1 Sep 09, w/atchs.
	Exhibit I.	Letter, AFBCMR Medical Consultant, dated 22 Feb 10.
	Exhibit J.	Letter, SAF/MRBR, dated 2 Mar 10.




								
				Panel Chair