RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02682
            INDEX NUMBER:  124.00; 102.00
      XXXXXXX    COUNSEL:  Calvert Menicucci

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  25 Feb 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The responses he provided on DD Form 2492,  “DOD  Medical  Examination
Review Board (DODMERB)  Report  of  Medical  History”  be  changed  as
follows:

        a.  Section I,  item  66.   Change  response  to  question  of
“sleepwalking episodes after age 12” from “yes” to “no.”

         b.  Section  II,  Item  83.   Delete  comment  “Sleepwalking-
frequent sleepwalker.”

        c.  Section II, item 85.  Delete examiner’s comments on  “yes”
response to Section I, item 66.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed the DD form 2492 as he did due to the following reasons:

        a.  He had a misunderstanding of  the  medical  definition  of
sleepwalking.

        b.  His misuse of the  term  “sleepwalking”  on  the  remedial
form.

        c.  He was allowed to “unknowingly”  self-diagnose  and  self-
disqualify himself from consideration for acceptance to the Air  Force
Academy.

        d.  The medical examiner that reviewed his form stated he  was
not qualified to diagnose him.

In further support of his application, applicant  provides  affidavits
from himself and his  parents  attesting  that  he  does  not  have  a
sleepwalking disorder.  He also provides statements from his physician
from Aug 90 through Sep 00 stating he was not aware of any significant
medical problems suffered by  the  applicant,  a  statement  from  his
physician over a period of two years stating he sees no medical reason
to consider the applicant a somnambulist, a copy of the results  of  a
sleep study, a letter of recommendation from his pastor, a former  Air
Force  chaplain,  and  other  paperwork   related   to   his   medical
disqualification.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 Jan 05 in preparation for a medical examination  in  support  of
his application for acceptance to the Air Force Academy, the applicant
completed  DD  Form  2492,  “DOD  Medical  Examination  Review   Board
(DODMERB) Report of Medical History.”  The applicant answered “yes” to
the question of whether he had experienced sleepwalking episodes after
age 12 and indicated in  the  remarks  section  “sleepwalking-frequent
sleepwalker.”  The reviewing medical examiner  made  comments  in  his
summary  regarding  the  applicant’s   sleepwalking   based   on   the
applicant’s answers and his interview of the applicant.  On 12 Feb 05,
the applicant completed DD Form 2380, “DOD Medical Examination  Review
Board (DODMERB) Statement of  History  Regarding  Sleepwalking.”   The
applicant indicated his sleepwalking occurred once or  twice  a  month
for a number of years, but he had not had an  episode  in  nearly  six
months and had never seen a doctor for  sleepwalking.   The  applicant
also indicated his sleepwalking usually consisted of walking from  his
bed to the couch and then sleeping there and that both of his  parents
had observed him doing so.  On 18 Feb 05, the applicant  was  notified
that he was medically disqualified due to “sleepwalking after the 13th
birthday.”  He was advised that the only way he  could  continue  with
the application process  was  to  request  a  waiver.   The  applicant
submitted additional medical information.  However, on 10 Mar  05,  he
was notified that  he  still  remained  medically  disqualified.   The
applicant applied for a waiver.  On 5 Apr 05, the DODMERB was notified
by the Academy Aerospace Medicine Squadron that he applicant’s medical
waiver request was denied.

_________________________________________________________________

AIR FORCE EVALUATION:

The Air Force Academy Aerospace Medical Squadron commander  recommends
denial of the applicant’s request  because  they  have  no  reason  to
disregard the initial medical history provided by the applicant,  have
no medical test to refute the history, and do not  waive  sleepwalking
(or a reasonable suspicion thereof).

The commander notes that the Air Force Academy  Cadet  Clinic  reviews
DODMERB disqualifications with an interest in  the  degree  of  malady
such that they may be able to  accept  a  candidate  despite  a  given
diagnosis.  He further notes that their process is  neither  a  second
opinion nor a forum of appeal.  They review to determine if  they  can
accept and ultimately commission with the belief  that  the  diagnosed
condition will not be a problem in training  and  serving.   In  cases
where there is an attempt to minimize or mitigate  after  the  fact  a
condition initially reported by a candidate, they tend to place  “more
credibility” in the initial admission than  the  following  correction
where there is an obvious agenda.  They will use  medical  testing  to
provide objective  data  to  corroborate  the  latter  assertion  when
definitive testing exists.  Ultimately, if  any  doubt  remains,  they
must place the needs of the Air  Force  ahead  of  the  needs  of  the
individual.

In the applicant’s case, no definitive testing is possible.  According
to Air Force sleep specialists, sleep testing can be used to rule  out
many sleep disorders, but not sleep walking.   DODMERB  was  satisfied
that the description given by the applicant  on  both  the  Report  of
History and the Statement of History regarding sleepwalking  made  him
disqualified for military service  and  reviewers  at  the  Air  Force
Academy Clinic found no reason to disagree.  He references some of the
statements made by the applicant and  notes  the  applicant  feels  he
twice made erroneous and misinformed  statements  on  his  reports  of
history to DODMERB with regard to his sleep activity.   The  commander
notes that, unfortunately, there is no reliable and objective test  to
determine the nature of the activity.  He notes that the  sleep  study
(polysomnogram) performed on the applicant has value only  insofar  as
ruling out other sleep disorders, but not sleepwalking.   This  leaves
the determination to the best judgment of the physicians working  with
the given history both at DODMERB and the Air Force Academy.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Sep 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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 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 compelling basis to recommend granting the relief
sought in this application.

_______________________________________________________________

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 Docket  Number  BC-2005-
02682 in Executive Session on 19 October 2005, under the provisions of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, 10 AMDS/CC, dated 9 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Oct 05.




                                   RICHARD A. PETERSON
                                   Panel Chair