A GS-11 Customs and Border Protection Officer (“CBPO”) suffering from sleep apnea requested an accommodation for his disability, and the agency, after finding that not requiring him to work the graveyard shift and substantial overtime on a permanent basis was not a reasonable accommodation, undertook a search for other suitable positions inside the commuting area. Not finding any, the agency effected the employee’s removal for physical inability to perform. The employee appealed the removal to the Board on the basis of disability discrimination. An MSPB administrative judge sustained the charge, finding that the employee failed to show that he could perform the essential functions of his position (including working the graveyard shift and overtime) with or without accommodation and that the employee failed to identify a reasonable accommodation which would allow him to continue working. The employee petitioned the full Board for review, and the Board upheld the administrative judge’s initial decision, citing the EEOC’s determination in Bouffard v. Department of Homeland Security, EEOC Appeal No. 0120065257, 2008 WL 276452 (E.E.O.C. Jan. 16, 2008), which stated that the ability to work rotational shifts and overtime is an essential function of the CBPO position, and an accommodation of not having to work rotational shifts and overtime is “in essence a request to change the essential function” of the job.