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AF | BCMR | CY2012 | BC-2012-03663
Original file (BC-2012-03663.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03663 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His regular Reserve retirement be changed to disability/medical 
retirement. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes that he was unjustly discharged from the Air 
National Guard after he developed an illness called sleep apnea. 
His active duty counterparts were allowed to continue to serve 
with this illness. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Air National Guard who 
was discharged on 29 December 2006 and transferred to the 
Retired Reserve. He retired effective 4 August 2012. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/SGPF recommends denial. The applicant was diagnosed with 
severe obstructive sleep apnea in 2001. The sleep disorder 
center also noted that he should use a Continuous Positive 
Airway Pressure (CPAP) machine every night. Any long-term 
deployment without having the use of the CPAP put him at medical 
risk. Therefore, he was medically disqualified for world-wide 
duty in accordance with AFI 48-123, Medical Examinations and 
Standards. On 21 September 2006, he signed a statement 
indicating that he did not wish to enter into the Disability 
Evaluation System solely for a fitness determination and that he 
understood he would not be eligible for medical separation 
benefits. Accordingly, he applied for transfer into the Retired 
Reserves. 

 

The applicant was transferred to the Retired Reserve List 
effective 4 August 2012 and authorized retired pay per Title 10, 
U.S. Code 12731. 


 

The complete SGPF evaluation is at Exhibit B. 

 

NGB/A1P concurs with the subject matter experts and does not 
recommend relief. 

 

The complete A1P evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 21 January 2013, for review and comment within 
30 days (Exhibit D). As of this date, this office has received 
no response. 

 

________________________________________________________________ 

 

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 
carefully considered the applicant’s submission and the 
available evidence of record and do not find that it supports a 
determination that his transfer to the Retired Reserve was 
improper. The evidence of record indicates that the applicant 
was afforded due process in accordance with applicable Air Force 
instructions. Therefore we agree with the opinion and 
recommendation of the NGB/SGPF and adopt their rationale as the 
basis for our conclusion that the applicant indicated that he 
understood he was not eligible for medical separation benefits 
and he elected to transfer into the Retired Reserve. Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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-2012-03663 in Executive Session on 26 March 2013, 
under the provisions of AFI 36-2603: 

 

Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Jul 12, w/atchs. 

 Exhibit B. Letter, NGB/SGPF, dated 4 Jan 13. 

 Exhibit C. Letter, NGB/A1P, dated 11 Jan 13. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. 

 

 

 

 

 

 Panel Chair 

 



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