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 applicants 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 applicants 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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