RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01540 

 INDEX CODE: 100.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

____________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His diagnosis of Sleep Apnea with Constant Positive Airway 
Pressure (CPAP) be reviewed and included in his record as an 
unfitting condition. 

 

____________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His Sleep Apnea with CPAP was not included in the original 
package that went before the Physical Evaluation Board 
(PEB)/Medical Evaluation Board (MEB). 

 

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

 

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

 

____________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 13 Oct 94, the applicant contracted his initial 
enlistment in the Regular Air Force. He was progressively 
promoted to the grade of staff sergeant and was honorably 
discharged on 4 Apr 01; and was commissioned in the Air 
Force Reserves on 5 Apr 01. 

 

While on active duty, the applicant was seen and treated for 
a variety of medical conditions; however, he underwent an 
MEB on 23 Sep 05 for bipolar disorder. The MEB referred his 
case to the Informal Physical Evaluation Board (IPEB). On 
12 Oct 05, the IPEB recommended discharge with entitlement 
to severance pay and a 10 percent disability rating. The 
applicant nonconcurred with the findings of the IPEB and 
requested a hearing with counsel before the Formal Physical 
Evaluation Board (FPEB). On 3 Nov 05, he waived his request 
for an FPEB and accepted the findings of the IPEB. 

 

He was honorably discharged on 1 Dec 05 with entitlement to 
severance pay and a 10 percent disability rating. He was 


credited with 11 years, 1 month and 19 days of active 
service. 

 

____________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPPD recommends denial. DPPD notes the applicant 
submitted documentation reflecting that he had a sleep study 
done and was diagnosed with sleep apnea. He also provides a 
copy of a memorandum from a lieutenant colonel stating that 
the physical evaluation process would not be slowed to 
include additional documentation. They further noted he 
could have brought up the sleep apnea to the FPEB, but he 
waived his rights to the FPEB. He also could have appealed 
to the Secretary of the Air Force. He did not exercise his 
options to appeal the decision of the IPEB. 

 

DPPD also notes that the Department of Defense (DOD) and the 
Department of Veterans Affairs (DVA) disability evaluation 
systems operate under separate laws. It is the charge of 
the DVA to pick up where the AF must leave off. Under Title 
38, the DVA may rate any service-connected condition based 
upon future employability or reevaluate based on changes in 
the severity of a condition. This often results in 
different ratings by the two agencies. 

 

The complete APFC/DPPD evaluation is at Exhibit C. 

 

____________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant does not recall waiving his option for an 
FPEB, but believes if he did it was directly related to the 
medications he was taking. He was also being influenced by 
others in his life. He was never told he could fight the 
decision on the ratings because his discharge was 
inevitable. He did not bring up the sleep apnea because he 
believed the military physician would object. 

 

The applicant’s complete response, with attachments, is at 
Exhibit D. 

 

____________________________________________________________ 

 

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. The 
applicant's complete submission, to include his rebuttal, 
was thoroughly reviewed and his contentions were duly noted. 
However, we do not find his assertions and the documentation 
submitted in support of his appeal sufficiently persuasive 
to override the rationale provided by AF office or primary 
responsibility (OPR). The applicant has not provided any 
evidence reflecting he was determined unfit due to his Sleep 
Apnea. Therefore, in the absence of evidence to the 
contrary, we agree with recommendation of the AF OPR and 
adopt its rationale as the basis for our decision the 
applicant has failed to sustain his burden proof of the 
existence of either an error or an injustice. Accordingly, 
we find no basis to recommend granting the relief sought in 
this application. 

 

____________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did 
not demonstrate the existence of an 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-2010-01540 in Executive Session on 26 Oct 10, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPPD, dated 17 May 10. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Jun 10. 

 Exhibit E. Letter, Applicant, dated 25 Jun 10, w/atchs. 

 

 

 

 Panel Chair