Narcolepsy vs. Article86

[Sd3dart]

What is the name of your state? Virginia
I have been diagnosed with narcolepsy with a sleep latency average of 4.4 minutes (range of 11.0 min to 0.0 min, with 3 recorded REM periods), Restless Leg Syndrome (32 movements/hour), mild sleep apnea, and hypersomnia. It is presumed that thease sleep disorders were triggered by PTSD.
I am currently taking Provigil to counter my daytime sleepiness with mild success. I have all medical documentation for my defence proving the narcolepsy and I also have a profile stating that I "may have difficulty waking in the morning and may fall asleep even though on medication".
Due to my inability to wake up I am repeatedly late for morning formation (average 1-2 times a week). My commander has reccomended me for an article 15. If he does reccomend the article 15 after I present my case to him I intend to request trial by court martial.
Do I have sufficient evedence to defeat this article 86(1) charge?

Start building your case. I would think you should consult with a doctor out in town if possible and have him testify on your behalf at your courtmartial.
Hail Bush!!!!!!!!!!!!!

[chrisdizz22]

Originally Posted by Sd3dart

What is the name of your state? Virginia
I have been diagnosed with narcolepsy with a sleep latency average of 4.4 minutes (range of 11.0 min to 0.0 min, with 3 recorded REM periods), Restless Leg Syndrome (32 movements/hour), mild sleep apnea, and hypersomnia. It is presumed that thease sleep disorders were triggered by PTSD.
I am currently taking Provigil to counter my daytime sleepiness with mild success. I have all medical documentation for my defence proving the narcolepsy and I also have a profile stating that I "may have difficulty waking in the morning and may fall asleep even though on medication".
Due to my inability to wake up I am repeatedly late for morning formation (average 1-2 times a week). My commander has reccomended me for an article 15. If he does reccomend the article 15 after I present my case to him I intend to request trial by court martial.
Do I have sufficient evedence to defeat this article 86(1) charge?

if their is no other twistes to this case, I would say that you have a case..

if your living in the barracks--maybe you should have someone wake you up, or make sure that you are awake...

I am a very deep sleeper, i can sleep thru 50 cal gunfire within ten feet from me, and not wake up.. when i was on active duty, i used to go to sleep right after work and then stay up all night, so i didnt have to worry about being late... I was late once and got put thru hell for it.. so that was my solution

[rmet4nzkx]

Were your sleep study, diagnosis by military neurologists/psychiatrists?
How long have you been taking Provigil and what dosage? What other medications do you take? At what time of day do you take your dosages? What is your MOS? Are you on lite duty?
To what do you attribute the PTSD?

[Sd3dart]

I have been in the Army for just under 9 years, with an original MOS of 11B, (Infantry), but due to many injuries resulting in a P2 permanant profile, I reclassed to 88k (Watercraft Operator).
I am married living on-post. My wife complains about my sleeping and 50% of the time she doesnt sleep in the same bed anymore due to my Restless Leg Syndrome, and I have 5 different alarm clocks! I too can relate to the .50cal nap time. I can even take this one step farther. On my most recent Bn FTX, we stayed in a barracks on Ft. A.P. Hill for 11 Days, so my chain of command saw my trouble waking first hand.
I have been taking provigil (400mg) since January this year. I say mixed results because Im still tired during the day except when the medicine "peaks". The side effects include not being able to go to bed at a respectable hour. My other medicines include Atarax (for allergies, which by the way is given to insomniacs to help them sleep!!!), Ansaid (recent injury), Allegra (allergies), and the Ever-Popular...MOTRIN!!!
I was diagnosed at a civilian neurology/sleep disorder clinic, thru Tricare.
My doctor seems to think that the trigger was my deployment to Kuwait/Iraq, during the most recent war (Jan-July 2003), and escalated on another deployment to Operation Alaska Road (May-Sept 2004). Although Alaska Road was not combat zone stress like Enduring Freedom/Iraqi Freedom, the stress were still high. Since my return from Alaska though the narcolepsy has gotten noticably worse. though I dont fall asleep while driving, I can sleep up to 20 hours a day but If undesturbed I tend to wake after about 12 hours of sleep.
And the final twist... I ETS on April 17 this year.
Thanks for posting...

[rmet4nzkx]

You really need military medical confirmation of your condition even if all that means is that they concur with what the civilian docs said. You are not at the max dosage of Provigil. You might speak with a military neurologist and work at playing with the Rx some, E.G. you might take 400mg Provigil upon awaking and 200 mg about 6-8 hours later. You might also take the Atarax at bedtime maybe even with 50 mg Benydrl or Amitriptyline Elavil which will help with both sleep and pain issues. If the RLS is treated, that may resolve the other sleep disorders. Medications such as temazepam, levodopa/carbidopa, bromocriptine, pergolide mesylate, oxycodone, propoxyphene, and codeine are effective in relieving the symptoms. Some of these might help you sleep. The problem is that once you are sleeping, interrupting your sleep cycle can cause problems. Current research suggests that correction of iron deficiency may improve symptoms for some patients. Some of these medications may affect your ability to work or disqualify you from duty. Have they checked your iron levels? In addition have you been checked for other psychiactric disorders, such as bi-polar disorder? Have you been going to sick call? You may be stuck between a rock and a hard place if you plan on the Army being a career and likely you will require reclassificaiton because you will not be qualified to safely operate vehicles if your condition cannot be effectively treated. I take it you are not looking for a medical discharge? The VA does have programs for treatment of PTSD that is service related.

[Sd3dart]

I was issued a profile (temporary), from my military doctor after he reviewed the civilian sleep study, does this count as military approval of the findings?
As for medical discharge, Im at a loss, I've been informed by my doctor that I qualify for a medical board to either med. chapter or med. retire me. As it is right now I know that I will be held past my ETS date even with just the article 15, so when I get charged and I opt for the court martial, then I know I will be well past my contracted discharge date.
I have tried altering the times/dosage with limited success and failure. Ive tried 400mg upon waking, and 200mg around 1230-1330. Im awake, alert, (bouncing off the walls) but unable to get to sleep before midnight sometimes as late as 0200. I really dont want to be taking medicine to keep me awake and then meds to knock me out. I dislike taking meds in the first place and I hate to think that my entire sleep cycle will be governed by little white pills.

[rmet4nzkx]

Those little white pills can be a Godsend if you need them. A lot of what you are dealing with is going to center on your fitness for duty and getting the sleep disorders under control, control the RLS and the daytime sleepiness may lessen considerably. Ask about Elavil it may help with pain and sleep, It may mean being dependent on drugs to regulate waking and sleeping cycles then you can ease off once control is established. You may also have other deficiencies that have not been diagnosed. It would be a shame to have to defend a CM because you have a medical problem, you really need the support of your military docs. One forum members, Badapple40 is a military attorney I hope he will chime in with more information, I can address the neuro problems. Since you are in VA you are very close to several military medical centers one being accessable through this link. [url]http://www-nmcp.med.navy.mil/PatientInfo/sleep.asp[/url] It does list TRICARE as well, see if you can get a referal for military evaluation at a military hospital and supervision by a military neurologist. Even if you get a medical discharge you will want to be sure that the VA will provide for your onging care because these medications can be very expensive.

they are trying to charge yo and you have only 2 weeks left? refuse and go to courtmartial. this is a simple case of the CO doesn't like u and wants to screw you over. They could just let you out or u could cost the goverment plenty of money trying to prosecute you. I know people who refuse NJP and go to courtmartial just to have the charges dropped. Watch....they screw you by putting you on medical hold for this.

also, be careful with what the military doctors say or think. Most of them are not real doctors, just physician assistants, or they either dropped out of medical school twoards the end or barely passed. I was at the VA hospital the other day and my doctor was telling me how terrible military doctors are.

[rmet4nzkx]

Originally Posted by BushSupporter

also, be careful with what the military doctors say or think. Most of them are not real doctors, just physician assistants, or they either dropped out of medical school twoards the end or barely passed. I was at the VA hospital the other day and my doctor was telling me how terrible military doctors are.

I don't know what you think you are doing to help anyone here. I refered OP to very specific doctors who will be qualified to treat his medical condition, not medical asistants. What ever your personal agends, please pander it somewhere else.

[Sd3dart]

So what advice can I get for the article 15 and court martial? Will my medical history basically get these charges dismissed? I appriciate the medical help and I will definatly look into it indepth.

[rmet4nzkx]

I can't say that taking care of the medical is the only answer, you will need to mitigate your issues, somethings like PTSD can have a lot of wiggle room, the more solid medical proof you have the better off you are, what has JAG said? I hope Badapple will answer sometime soon, he knows the ins and outs. He also has a list of civilian attorneys who may be able to help or at least answer questions.

Here is that list from one of his answers:
1. Charles Gittens

Law Offices of Charles W. Gittins
P.O. Box 144
Middletown, VA 22645
phone: 540-868-0949
fax: 540-868-0976
eMail: [email]cgittins@aol.com[/email]

2. Frank Spinner

Law Offices of Frank J. Spinner
7035 Campus Drive, Suite 904
Colorado Springs, Colorado 80920
phone: (719) 598-6494

3. David Sheldon

Law Offices of David P. Sheldon
Barracks Row, 512 8th Street, S.E.
Washington, D.C. 20003
Tel (202) 546-9575
Toll free (866) 546-9575
Fax (202) 546-0135

Charles Gittens and Frank Spinner have been known to take cases where there has been an injustice and represent the client for free.

[Sd3dart]

Does anyone have an opinion as to weither or not I should present my commander with all my medical records and evidence when he reads my article 15 to me? Would it be better to just remain silent and move for the court martial. I have already been informed by one of my fellow NCOs that I would most likely not get a fair hearing from him. I have also used the "open door" policy with my 1SG upon diagnosis, but he has obviosly ignored my condition by opting for this company grade and even reccomending a field grade. Any comments?

[badapple40]

Litigate this and demand trial by court-martial. And no matter what TDS (trial defense service) says, tell them you want trial by court-martial. Subpoena the doctor(s). Get witness statements now before the command/JAG "pressure" people to change their stories.

You do not get to present your case to the commander unless you select to handle the matter via the article 15 process. Your options are to accept the Article 15 forum or to demand trial by court-martial. And, like people have told you, you aren't likely to win before the commander.

Demand trial by court-martial, demand that they try it via a special court-martial (don't let them hang you with a summary court-martial and some biased officer sitting as the court-martial).

You would argue impossibility/justification as the defense, and, if you have the doctor come in, I'd say you are likely to win. Get a statement from him/her now.