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
AF | BCMR | CY2007 | BC 2007 03578 2
________________________________________________________________ _ STATEMENT OF FACTS: On 25 Jun 08 and 7 Jul 08, the Board considered and denied the applicants 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. Applicants complete submission, with attachments is at Exhibit...
AF | BCMR | CY2010 | BC-2010-04572
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04572 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: While it is not readily apparent, it appears as though the applicant is requesting that her lower back pain condition be determined to be in the line of duty (LOD). She had five such determinations completed. Therefore, in view of the AFBCMR Medical...
AF | BCMR | CY2007 | BC-2006-03633
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1BR recommends the requested relief be denied. A complete copy of the HQ AFRC/A1BR evaluation is attached at Exhibit B. 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.
AF | BCMR | CY2011 | BC-2011-02343
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02343 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His condition of Obstructive Sleep Apnea (OSA) be changed to reflect In the Line of Duty (ILOD) rather than Existed Prior to Service (EPTS) Line of Duty Not Applicable. _________________________________________________________________ APPLICANT...
AF | BCMR | CY2010 | BC-2010-03777
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03777 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and...
AF | BCMR | CY2011 | BC-2011-01918
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/SGP recommends denial, noting the applicant underwent two LOD determinations for his medical condition and that both were determined to be EPTS-NA. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Aug 11 for review and comment within 30 days. We took notice of the...
AF | BCMR | CY2012 | BC-2012-00880
Her OSA was found not in the line of duty by reason of Existed Prior to Service (EPTS) – LOD not applicable. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial, noting that while her diagnosis corresponds to a period of active duty, absent a mid-face tumor or trauma, OSA has an incubation period of months to years. She notes she mistakenly did not provide all the active duty orders she had been on between the Jan 07 and Nov 09...
AF | BCMR | CY2009 | BC-2007-02461
The mole was removed in Jun 04, and he completed a deployment to Afghanistan in Jul 06. Applicant’s complete submission, with attachments, is at Exhibit A. HQ AFRC/AQBB’s complete submission, with attachment, is at Exhibit B.
AF | BCMR | CY2014 | BC 2014 00470
His spine injury be determined to be in-the-line-of-duty (ILOD). On 24 Jul 10, the applicant appealed the Informal LOD Determination of existed prior to serviceService Aggravated for his cervical spine, asking that the injury be re-investigated. Regarding the applicants contention the IPEB failed to appreciate the severity of his spinal condition, according to AFI 36-3212, Physical Evaluation For Retention, Retirement, And Separation, when reviewing cases, the IPEB considers medical...
AF | BCMR | CY2010 | BC-2010-00636
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00636 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the Air Force Reserve and placed on active duty for medical hold for referral to a Medical Evaluation Board (MEB). His physicians submission of two approved line of duty (LOD) determinations was evidence that he had two...