AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00880
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her diagnosis of obstructive sleep apnea (OSA) be considered in
the line of duty (ILOD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She did not experience any symptoms of OSA prior to her active
duty orders beginning. She was on orders for a year and a half
(approximately half way through her assignment) before the OSA was
diagnosed.
In support of her appeal, the applicant provides copies of several
orders placing the applicant on active duty at various times, and
the results of two sleep studies dated 27 Jan 09 and 2 Mar 09.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, currently an Individual Mobilization Augmentee
(IMA) with the Air Force Reserve, began her military service on
19 Jan 93 and served with the Regular Air Force for four years.
The evidence of record indicates she performed active duty between
1 Sep 07 and 30 Sep 07 (30 days), 1 Oct through 18 Oct 08
(18 days), 20 Oct through 31 Oct 08 (11 days), and 26 Nov 08
through 30 Sep 09 (10 months and 5 days).
On 11 Sep 02, an Air Force Form 348, Line of Duty Determination,
was finalized indicating the applicant suffered from abdominal
pain, nausea, weight gain and fatigue. These conditions were
found ILOD. On 15 Jan 03, another LOD determination was completed
finding the applicant suffered from pituitary adenoma and
intermittent elevated prolactin, also found ILOD. The second AF
Form 348 noted she was to meet an MEB after seeing a new
endocrinologist. There is no further mention of an MEB from that
point.
On 17 Nov 09, after having been diagnosed with OSA, an informal
line of duty determination was conducted to determine whether or
not her OSA should be found ILOD. 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. It is
medically implausible to believe that the incubation period for
OSA in her case was so short as to be measured in days to weeks.
SG notes the applicant had already been considered by an LOD board
as a diagnostic pathway for fatigue and daytime somnolence was
already underway by Aug 08. There is a clear attempt over a
period of months for the clinicians to sort through a possible
diagnosis of narcolepsy as well as her longstanding history of
hypothyroidism and depression as possible etiologies.
The diagnosis of OSA, though temporally within a period of duty,
does not equate to service aggravation, nor does it equal
causation. The applicant’s LOD case was given an abundance of due
diligence and search for a finding favorable to service
connection. Her case was adjudicated properly and in accordance
with acceptable medical standards and Air Force policy and
guidance.
A complete copy of the AFRC/SG evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant indicates that she was on active duty for most of
the period of Jan 07 through Nov 09, with only a small amount of
time not being in a military status. She notes she mistakenly did
not provide all the active duty orders she had been on between the
Jan 07 and Nov 09 time frame; however, she has not provided the
orders, only the dates of the orders. She notes she was on active
duty orders when both of her sleep tests were conducted in Jul 08
and Jan 09. She was provided a Continued Positive Airway Pressure
(CPAP) machine which has made all the difference. In support of
her response, the applicant provides copies of several active duty
orders, point credit summary, and her LOD determination.
2
The applicant’s complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 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 (OPR) and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. While we note the
applicant has provided documentation indicating that she performed
several periods of active service in the almost two years
preceding her diagnosis of obstructive sleep apnea (OSA), we are
not convinced that she has demonstrated there is causal link
between her active service and OSA diagnosis that would be
required for an affirmative line of duty (LOD) determination. In
this respect, we note that while it is clear she performed several
active duty tours, some longer than others, during this period,
the mere fact that she performed these periods of duty does not
prove with any degree of certainty that a chronic disorder such as
OSA first began during, or resulted from, said active service.
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-2012-00880 in Executive Session on 19 Jul 12, under the
provisions of AFI 36-2603:
Chair
Member
Member
3
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00880 was considered:
Exhibit A. DD Form 149, dated 30 Jan 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SG, undated.
Exhibit D. Letter, SAF/MRBR, dated 12 Apr 12.
Exhibit E. Letter, Applicant, dated 22 Apr 12, w/atch.
Chair
4
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