Legal Question in Military Law in Texas

Somnambulism (sleepwalking) and military service

My girlfriend recently enlisted in the National Guard. She is currently in a 4 month training course as a Health Care Specialist. However, during bootcamp till now, she has become extremely depressed and has show behavior consistent with chronic sleepwalking. She has seen miltary doctors, and they said that she would be discharged under certain conditions: sleepwalking often in more than one location, sworn statements from witnesses, and persistance despite medication. She has met all these qualifications, but they still want to keep her in for a need of ''more documentation.'' I was a Marine myself, and I know how the military think in these situations; they will ignore their own disqualifying medical conditions and push a person until a worst case scenario happens. I am very worried that her depression will become much worse. She desperately wants to just come home now, but I think they are just delaying and simply do not care. She has excelled in the miltary despite this, and has never been reprimanded. I hate how malingerers get away scott-free while she has a real condition. Is the Army acting illicitly, and if so, what can be done?


Asked on 10/14/04, 8:21 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Somnambulism (sleepwalking) and military service

The National Guard is acting within the bounds of its regulations to determine the nature and extent of your girlfriend's medical condition before deciding whether she is medically qualified to serve. It can take a long time and she should do her best to be patient with the process.

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Answered on 10/15/04, 7:02 am


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