RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03667
            INDEX CODE:  108.01
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  25 MARCH 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he was discharged because he  had  problems  falling  asleep  on
duty and not waking up in time for duty. He had  the  same  problems  before
and after his time in service. He believes this problem was caused by  sleep
apnea.

In support of his application, the applicant provided medical  reports  from
his doctor, a copy of DD Form 214, Armed Forces of the United States  Report
or Transfer or Discharge and DD Form 293,  Application  for  the  Review  of
Discharge or Dismissal from the Armed Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 January 1962.   He  was
progressively promoted to the grade of  airman  third  class  (A3C),  having
assumed that grade effective and with a date of rank of 2 March 1962.

A review of the  personnel  records  confirms  the  applicant  had  periodic
difficulty waking up in the morning and with falling asleep during the  day.
He was disciplined for reporting late for work on 25, 26, and 27 May  and  1
July 1964. He  was  noted  to  fall  asleep  when  assigned  to  light  duty
following a foot injury in June 1964.  On  8  December  1964,  in  the  late
afternoon, he was found sitting asleep with his  head  on  his  knees  while
refueling an aircraft. He was awakened by supervisors but was  found  asleep
again 20 minutes later this time lying down. This was the  final  documented
incident prior to discharge.

On 23 February 1965, the applicant's commander  notified  him  that  he  was
recommending him for discharge from the Air Force under  the  provisions  of
AFR 39-17  for  unfitness.   The  commander  recommended  a  general  (under
honorable conditions) discharge based on the following:

      (1) On 22 June 1964, he received an Article 15 for failure to  repair,
in violation of Article 86 of the UCMJ. He  was  reduced  to  the  grade  of
airman basic and performance of 2 hours extra duty for a period of 14 days.

      (2) On 9 July 1964, he received an Article 15 for failure  to  repair,
in violation of Article 86 of the UCMJ.  Punishment  was  performance  of  7
days correctional custody and forfeiture of $25.00.

      (3) On 18 December 1964, he received an Article 15  for  asleep  while
in the performance of duty, in  violation  of  Article  134,  UCMJ.  He  was
ordered to perform 30 days correctional custody and to forfeit $50.00 for  a
period of 2 months.

On 12 January 1965, the applicant acknowledged receipt of the  notification.
After consulting counsel, he elected not to provide statements  on  his  own
behalf.

On 3 March  1965,  the  discharge  authority  approved  the  separation  and
directed the  applicant  be  discharged  with  a  general  (under  honorable
conditions)  discharge  with  no  reference  to  the  terms  “unfitness   or
unsuitability” entered in item 11c, DD Form 214 or elsewhere on the form.

On 19  March  1965,  the  applicant  was  administratively  discharge  under
provisions of AFR 39-17, discharge of enlisted personnel for unfitness  (now
termed unsuitability) including habits of character,  personality  disorder,
unclean habits, repeated petty offenses, and  habitual  shirker.  Discharges
under this regulation stipulated a general characterization of  service.  He
served      3 years 2 months and 17 days of total active military service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted. Although sleep  disorder  as  a  contributing  factor  to  the
applicant’s problems while on active duty is plausible, it  is  speculative.
The applicant was diagnosed  with  obstructive  sleep  disorder  many  years
following discharge after the applicant  had  gained  substantial  weight  a
major  factor  associated  with  the  severity  of  the  condition.  If  the
condition was present while he was on  active  duty,  his  weight  that  was
appropriate to his height at the time suggests the  condition,  if  present,
would have likely been mild. He reports symptoms  since  prior  to  entering
active duty yet the record reflects no problems for the first  two  and  one
half years of service. The  scope  of  conduct  and  disciplinary/behavioral
problems were not confined to problems of oversleeping in  the  morning  and
excessive daytime sleepiness. Even when awakened, the documentation  in  the
personnel file indicate that the applicant  appeared  unconcerned  regarding
the consequences of sleeping while fueling aircraft or  reporting  late  for
duty. The applicant  also  demonstrated  inability  to  comply  with  simple
military standards of appearance, and failure to report for duty at  all  or
perform assigned details when it did not suit him  unrelated  to  any  sleep
problem he may have had. The reviewer opines that the preponderance  of  the
evidence of the record indicates that action and disposition  in  this  case
are proper and equitable reflecting compliance  with  Air  Force  directives
that implement law.

BCMR Medical Consultant’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  12
October 2005 for review and comment within 30 days.  As of this date,  there
has been no response received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or  injustice.   After    a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his records  should  be  changed.  Applicant’s  contentions  and  supporting
statements were duly noted; however, we do not  find  these  assertions,  in
and by themselves, sufficiently persuasive to override rational provided  by
the Air Force. Therefore, we agree with the opinion  and  recommendation  of
the BCMR Medical Consultant and adopt his rationale as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice. In the absence of persuasive 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-2004-03667
in Executive Session on 8 November 2005, under the  provisions  of  AFI  36-
2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 27 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.



                                   KATHLEEN F. GRAHAM
                                   Panel Chair