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AF | BCMR | CY2008 | BC-2007-03578
Original file (BC-2007-03578.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03578
                       INDEX CODE:  108.03
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect an  “In  Line  of  Duty  (LOD)
Determination” for Obstructive Sleep Apnea.

2.  He be credited with lost participation points and  time  in  grade
for retirement for the period covering November 2003 to November 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While deployed in Baghdad in September 2003 he  was  seen  by  medical
personnel for an episode of awakening from sleep and not being able to
breathe.  The doctor told him to have his condition  checked  when  he
returned to his home station.  An LOD was initiated in  October  2003.
He was released from active duty in November 2003 while  the  LOD  was
pending.  He underwent a sleep study in 2004 and his LOD was completed
in November 2006, which stated his condition probably existed prior to
service.  He believes the LOD determination is not accurate  and  goes
against the Department of Defense Instruction (DOD) 1332.38, paragraph
E3.

In support of his request the applicant submitted copies of  documents
extracted from his military personnel and medical records.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was on active duty orders  from  November  2002  through
November 2003.  In March 2004 an LOD action was  initiated.   The  LOD
was not completed and a final determination was not provided.  The LOD
was initiated again on 4 Apr 06 and was finalized on 17  Nov  06  with
the finding of “Existed Prior to Service-LOD Not Applicable.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/SGP recommends the requested relief be denied.  SGP  states  a
review of the applicant's medical records found the medical  condition
was  addressed  by  the  supporting  reserve  medical  unit  with   an
administrative LOD in accordance with the applicable instruction.  The
medical unit responded appropriately to the  diagnosis  and  need  for
continued care and treatment by initiating an informal determination.

The presumption that a condition occurred or was aggravated in-the-LOD
(ILOD) can be overcome by medical information  that  demonstrates  the
disease was clearly neither incurred nor aggravated while  serving  on
active duty or authorized training.  The final  LOD  determination  is
documentation that this presumption was overcome and his condition was
found EPTS-LOD N/A.  The  finding  of  this  LOD  is  consistent  with
applicable instructions.  Predisposition to develop Obstructive  Sleep
Apnea and a previous history of snoring  predating  activation  orders
were the evidence to support the finding of EPTS.  His  condition  was
not deemed service aggravated as no evidence existed that  the  nature
of his military duties permanently worsened the medical condition over
and above its natural progression.

HQ AFRC/SGP's complete evaluation is at Exhibit C.

AFRC/A1BB recommends  the  applicant's  request  for  continuation  of
orders be denied.  A1BB states he was never diagnosed  as  "unable  to
perform military duties" as a  result  of  an  ILOD  that  would  have
provided that entitlement.

AFRC/A1BB's complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluations  and  states  he
initiated the LOD’s in September 2003.  He has proof of  being  placed
on profile at his home of record.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________

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  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that the applicant has failed to  sustain
his burden of proof that he has been the victim of either an error  or
injustice.  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-
2007-03578 in Executive Session on 25 Jun 08 and 7 Jul 08,  under  the
provisions of AFI 36-2603:

                       Mr. Joseph D. Yount, Panel Chair
                       Ms. Barbara J. Barger, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-03578 was considered:

      Exhibit A. DD Form 149, dated 30 Oct 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Record.
      Exhibit C. Letter, HQ AFRC/SGP, dated 12 Dec 07.
      Exhibit D. Letter, HQ AFRC/A1BB, dated 4 Apr 08
      Exhibit E. Letter, SAF/MRBR, dated 11 Apr 08.
      Exhibit F. Letter, Applicant, not dated.




                             JOSEPH D. YOUNT
                             Panel Chair

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