RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01918
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His diagnosis of Obstructive Sleep Apnea be found In the Line of
Duty (LOD), rather than Existed Prior to Service (EPTS)-LOD Not
applicable (NA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Kuwait as a truck driver with the Army in
support of DESERT SHIELD/DESERT STORM he was exposed to black
smoke from burning oil wells. Since that time he has had
difficulty breathing, feels weak, and experiences daily fatigue.
In support of his request the applicant provides copies of
documents extracted from his military medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants DD Form 214, Certificate of Release or Discharge
from Active Duty, dated 30 Jun 10 reflects he enlisted in the Air
Force Reserves (AFRes) on 1 Oct 07.
On 10 May 10, the applicant underwent an LOD for sleepless nights
and fatigue during the day. He was referred for a sleep study
with a recommended finding of EPTS-LOD NA. His case was referred
to a LOD Board. On 23 Sep 10, the Board determined the
applicants condition was EPTS-LOD NA. On 20 Dec 10, the
applicant underwent another LOD and it was determined the
applicants condition was EPTS-LOD NA.
_________________________________________________________________
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. There was no evidence submitted to
reflect his military service caused or aggravated his medical
condition beyond the natural progression. Further, there was no
medical documentation provided showing any possible exposure to
smoke or any other occupational exposure. There was no
information provided reflecting previous complaints of pulmonary
issues.
A complete copy of the HQ AFRC/SGP evaluation is attached at
Exhibit B.
_________________________________________________________________
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. As of this
date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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 injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2011-01918 in Executive Session on 2 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 11, w/atchs.
Exhibit B. Letter, HQ AFRC/SGP, not dated.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 11.
Panel Chair
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