RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03633
                       INDEX CODE:  108.03
                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  reflect  an  “In  Line  of  Duty  (LOD)
Determination” for Sleep  Apnea  and  retroactive  lost  participation
points and time in grade for retirement from December 2004 to  October
2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

(1) Air Force Instruction (AFI) 36-2910 requires an LOD  be  initiated
anytime a reservist is treated. (2) The presumption  is  any  disease,
illness, or injury occurring or aggravated while on active duty is  in
the LOD unless proven otherwise. (3) In November of 2005 the 10  AF/IG
advised the 920th RQW/CC to complete an LOD. (4) In November 2005  the
920th RQW/CC directed ASTS commander to  initiate  an  LOD,  this  was
never completed. (5) He has incurred significant career  and  monetary
damages due to not having a completed LOD.  (6)  Other  servicemembers
with similar conditions have and were kept on active  duty  until  the
condition was corrected (he was  released  and  had  to  pay  for  the
corrections). (7) Other servicemembers with  similar  conditions  have
been reinstated on active duty with back pay. (8)  He  had  a  profile
that required a medical evaluation to clear.

He already paid for one medical evaluation and the ASTS wants  him  to
pay for another.  He  further  states  the  entire  process  would  be
covered by the government had an LOD been completed on time.

In support of his request the applicant submitted  copies  of  orders,
correspondence and medical records.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force  Reserves  (AFRes)
as a technical sergeant (TSgt).

The applicant was on active duty orders from February through December
2003.  On his deployment physical he noted snoring.  He was  diagnosed
with Obstructive Sleep Apnea (OSA).  The  history  noted  snoring  for
years, predating activation.  His exam revealed a  saggy  soft  palate
and large uvula.   The  applicant  responded  to  Continuous  Positive
Airway Pressure (CPAP), but ultimately required surgical intervention.
 Following surgery on 29 June 2005, the applicant was asymptomatic.

The Air Force Form  348,  Informal  Line  of  Duty  Determination  was
initiated by the 920th Aeromedical  Staging  Squadron  on  27 February
2006 and was finalized by the approving authority  and  the  HQ  AFRes
Command’s  LOD  Determination  Board  on  25  July  2006.   The  final
disposition of the LOD was Existed Prior  to  Service  (EPTS)—LOD  Not
applicable.  The applicant was symptomatic at activation.

The applicant’s non-duty related fitness for duty case  was  completed
on 30 September 2005 and he was returned to duty HQ AFRC/SGP  with  an
indefinite waiver.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1BR recommends the requested relief be denied.  They state HQ
AFRC/SG ruled the applicant’s sleep apnea existed prior to service and
was not aggravated by his military duties.   The  applicant’s  request
for  award  of  lost  participation  points  and  time  in  grade  for
retirement cannot be approved.

A complete copy of the HQ AFRC/A1BR evaluation is attached at  Exhibit
B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  He  was
never notified of the final  disposition  of  the  LOD.   He  believes
without this notification he was denied his basic due process  rights.
Because he was not notified and the 45 days are up he
was unable to  respond  to  the  findings  with  new  and  significant
evidence that indicates the likelihood of error (Exhibit D).

_________________________________________________________________

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  an  injustice.   We  took  note  of  the
applicant’s contentions and the documentation provided in  support  of
his request for an In Line of Duty Determination for sleep  apnea  and
retroactive lost participation points and time in grade for retirement
from December 2004 through October 2005.  The  applicant  underwent  a
post deployment physical and noted snoring.   He  was  diagnosed  with
Obstructive Sleep Apnea (OSA) with a history  of  snoring  for  years,
predating activation.  A LOD determination was completed  on  25  July
2006 and determined the applicant’s OSA existed prior to  service  and
was not aggravated by his military duties.  Therefore, in the  absence
of evidence to the contrary, we find no compelling 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 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-
2006-03633 in Executive Session on 29 March 2007, under the provisions
of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. James L. Sommer, Member
                       Ms. Sharon B. Seymour, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-03633 was considered:

      Exhibit A. DD Form 149, dated 15 Nov 06, w/atchs.
      Exhibit B. Letter, HQ AFRC/A1BR, dated 11 Jan 07.
      Exhibit C. Letter, SAF/MRBR, dated 26 Jan 07.
      Exhibit D. Letter, Applicant, dated 10 Feb 07.




                             RICHARD A. PETERSON
                             Panel Chair