4-F – Disabled and Unfit for Military Service

Can you be drafted in the military if you have a disability?

What constitutes a disability that would make you ineligible to be drafted?

By Matthew W. Dietz

As a father of a 19-year-old in a volatile time where a tweetstorm of thoughtless insults can turn into a firestorm of bombs, I worry about the future of my son and all young men of his generation. Currently, the United States Armed Forces is an all-volunteer military force, and there has not been a draft since 1973. However, reactivating the draft is a possibility in the event of a need to supplement the military — all men between 18 and 25 are potentially subject to military conscription or “the draft.”  In the event that Congress and the President authorize a mobilization to increase the number of active troops, a lottery would be held based on birthdays which determines the order of men to be drafted.  Those with low lottery numbers receive examination orders and are ordered to report for a physical mental and moral evaluation at a Military Entrance Processing Station (MEPS) to determine whether they are fit for military service.  Once the person is notified of the results, a registrant will be given ten days to file a claim for exemption.

Disability is a reason for an exemption. The United States military requires that all enlisted and commissioned personnel be ready for “active duty.” This means one must at all times be physically, emotionally, and psychologically ready to serve – to the military’s standards of fitness.  The military has standards for fitness to be inducted into the military, and the purposes of the standards are to ensure that inductees are:

(1) Free of contagious diseases that probably will endanger the health of other personnel.

(2) Free of medical conditions or physical defects that may require excessive time lost from duty for necessary treatment or hospitalization, or probably will result in separation from the Service for medical unfitness.

(3) Medically capable of satisfactorily completing required training.

(4) Medically adaptable to the military environment without the necessity of geographical area limitations.

(5) Medically capable of performing duties without aggravation of existing physical defects or medical conditions.

What Types of Disabilities are Disqualifying?

The goal of the military preparedness is to develop a fighting force without the need of special accommodation for disability. In as much as a person would need an accommodation, including, but not limited to, specialized equipment, medication, or additional services, may potentially lead to a danger to the unit.  As such, the military lists the conditions and impairments that are disqualifying.

Physical Disabilities – There is a listing of a plethora of physical disabilities that are potentially disqualifying for a person that is conscripted.  This includes issues regarding functioning of bodily systems and physical deformities.

• Blindness or low vision that does not correct with glasses
• Deafness of hard of hearing, even with the use of a hearing aid
• History of Bariatric Surgery
• Anything that interferes with the proper wearing of a military uniform or equipment
  • Limitation of motion
  • HIV or AIDS
  • Anaphylaxis due to stinging insects or systemic allergic reactions to food
  • Diabetes
  • Rheumatologic conditions
  • Migraine headaches or trauma as a result of head injuries
  • Chronic insomnia

Learning, Psychiatric, and Behavioral Disabilities –

The military is currently very selective with regards to allowing persons with learning or other mental disabilities to be inducted into the military. Part of becoming an effective soldier is to learn to suppress one’s individual needs for the needs of the unit.  Thus neurodiversity is not valued as much as conformance to the operation as a unit that can follow orders.   As such, many cognitive, learning, or developmental conditions would be disqualifying:

Attention Deficit Hyperactivity Disorder (ADHD) – A person may be disqualified from military duty if

• The applicant has not required an Individualized Education Program or work accommodations since the age of 14.
• There is no history of comorbid mental disorders.
• The applicant has never taken more than a single daily dosage of medication or has not been prescribed medication for this condition for more than 24 cumulative months after the age of 14, and prior to enlistment.
• During periods off of medication after the age of 14, the applicant has been able to maintain at least a 2.0 grade point average without accommodations.
• Documentation from the applicant’s prescribing provider that continued medication is not required for acceptable occupational or work performance.
• Applicant is required to enter service and pass Service-specific training periods with no prescribed medication for 14 months.

In 2011, according to the Centers for Disease Control, approximately 11% of children 4-17 years of age (6.4 million) have been diagnosed with ADHD. Apparently, dependence on stimulants for ADHD is disqualifying.  These medications include Strattera, Adderall, Ritalin, Vyvanse and many other medications.  Currently, one in three children with ADHD take medications for this disability.

History of learning disorders, including but not limited to dyslexia – a person will be disqualified UNLESS applicants demonstrated passing academic and employment performance without utilization of academic and or work accommodations at any time since age 14.

Autism – Pervasive developmental disorders) including Asperger Syndrome, autistic spectrum disorders, and pervasive developmental disorder-not otherwise specified.

Psychosis – Current or history of disorders with psychotic features such as schizophrenic disorders, delusional disorders, bipolar disorders or other and unspecified psychoses.

Depression – History of depressive disorders, including but not limited to major depression, dysthymic disorder, and cyclothymic disorder requiring outpatient care for longer than 12 months by a physician or other mental health professional, or any inpatient treatment in a hospital or residential facility.

Mood Disorders – Depressive disorder not otherwise specified, or unspecified mood disorder

• Outpatient care was required for longer than 24 months (cumulative) by a physician or other mental health professional.
• The applicant has not been stable without treatment for the past 36 continuous months.
• The applicant required any inpatient treatment in a hospital or residential facility.

Adjustment disorders – History of a single adjustment disorder within the previous 3 months, or recurrent episodes of adjustment disorders.

Behavior Disorders – Current or history of disturbance of conduct, impulse control, oppositional defiant, other behavior disorders, or personality disorder.

• History (demonstrated by repeated inability to maintain reasonable adjustment in school, with employers or fellow workers, or other social groups), interview, or psychological testing revealing that the degree of immaturity, instability, of personality inadequacy, impulsiveness, or dependency shall likely interfere with adjustment in the Military Services.
• Recurrent encounters with law enforcement agencies (excluding minor traffic violations) or antisocial behaviors are tangible evidence of impaired capacity to adapt to military service.

Encopresis (fecal incontinence) after 13th birthday.

Eating Disorders – History of anorexia nervosa or bulimia, and other unspecified disorders of eating occurring after the 13th birthday.

Stuttering – Any current receptive or expressive language disorder, including but not limited to any speech impediment or stammering and stuttering of such a degree as to significantly interfere with production of speech or the ability to repeat commands.

Suicidal behaviors – History of suicidal behavior, including gesture(s) or attempt(s) or history of self-mutilation or injury used as a way of dealing with life and emotions.

PTSD or OCD – History of obsessive-compulsive disorder or post-traumatic stress disorder

Anxiety – History of anxiety disorders, panic disorder, agoraphobia, social phobia or other acute reactions to stress UNLESS:

• The applicant did not require any treatment in an inpatient or residential facility.
• Outpatient care was not required for longer than 12 months (cumulative) by a physician or other mental health professional.
• The applicant has not required treatment (including medication) for the past 24 continuous months.
• The applicant has been stable without loss of time from normal pursuits for repeated periods even if of brief duration; and without symptoms or behavior of a repeated nature that impaired social, school, or work efficiency for the past 24 continuous months.

Current or history of dissociative, conversion, or factitious disorders, depersonalization (300.6), hypochondriasis, somatoform disorders, or pain disorder related to psychological factors

Current or history of psychosexual conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism,and other paraphilias. Whenever I think of this factor, I cannot help but remember Maxwell Q. Kinger from M.A.S.H.

 Medical Marijuana is Disqualifying!

Current use of Marijuana, or any of alcohol dependence, drug dependence, alcohol abuse, or other drug abuse is disqualifying.  A history of such use may be disqualifying as well.

Documentation Required to Establish Disability

As part of my practice, when a person requires an accommodation, I am a stickler for developing a history of disability and receipt of accommodations, and then when subsequent accommodations are needed, the proof will be at hand.  In the same way, this information is essential in establishing ineligibility for the draft.  It is good practice to obtain all copies of Individual Education Plans, reports of disability by doctors, and prior requests for accommodations, and provisions of accommodation, as well as a medication log.  All of this information should be kept in a binder as well as electronically.

But, what happens if you want to serve your country?

Rest assured, you can play a role to serve your country. If you believe that you are still able to serve, you can always seek a waiver of disability.   But even with a disability, you can work in a civilian role in the military.  A federal mandate states that all U.S. Military bases must have 10% of their civilian workforce composed of individuals with disabilities. The U.S. Navy boasts that they have been ranked number five in the nation among all employers—private sector corporations included—who employ individuals with disabilities.

References –

Department of Defense – Medical Standards for Appointment, Enlistment, or Induction in the Military Services – Policy No. 6130.03  – http://dtic.mil/whs/directives/corres/pdf/613003p.pdf

Army Regulation 40–501, Medical Services – Standards of Medical Fitness – http://www.apd.army.mil/pdffiles/r40_501.pdf

WWII Veteran Receives His Purple Heart After 70 Years

By: Chris Arroyo 

Robert C Bohm was born October 8, 1920 in Lorraine, Ohio. He lived in Ohio, Illinois, and Iowa growing up and graduated from Muscatine High School in Iowa. On October 29, 1940, he signed up for the US Army.

His first tour was in North Africa and his job was a lineman/communication specialist. One day his troop was given orders that they would be joining forces in Italy. Someone had to be left behind to close down the switchboard, and Bob was selected. Several days later when he caught up to his troop, he found that the previous night their campsite had been bombed and all had perished.

On February 1, 1944, Bob was struck in the head with mortar shell in the Battle of Monte Cassino. He woke up fourteen days later in a military hospital in Naples with no recollection of where he had been the last fourteen days or how he had gotten off of the mountain into Naples. He was told that he would be sent home and would receive his Purple Heart. The Army had even sent a telegram to his parents telling them he was coming home. Instead he was re-assigned to the 591^st Boat Engineers, a non-combat troop who protected the Naples harbor.

When he finally returned home after serving four years, nine months, and twenty-eight days, he was honorably discharged at Ft. Sheridan in Illinois. Major Harold Dunn wrote on his separation paper that he was due his Purple Heart.

 While waiting for his Purple Heart to come, Bob married his fiancé and love of his life, Jeanne Metzger. He graduated from college and began a life-long career as a coach, teacher, and school administrator. Finally after waiting for years, he searched to find out why he had never received his Purple Heart, only to be informed that his records, along with 18 million other veterans’ records had been burned in a fire in St. Louis. Every time that he would try through the VA, VFW, and politicians he was told that without these records it would be impossible for him to get his Purple Heart.

In April of 2013, his daughter heard of another WW II veteran who had gotten his Purple Heart with the help of The Order of the Purple Heart. She contacted them and they instructed her as to how to get his DD 214 form corrected.

December 19, 2013 Bob received a letter stating that once again he was denied because there was no proof that his wound was enemy related or that he had been treated in a military hospital for this wound. His daughter re-submitted papers documenting his wound was from battle and where he was treated for the wound. Their congresswoman, Ileana Ros-Lehtinen joined in the fight and wrote letters on Bob’s behalf.

June 7, 2014 Bob received another rejection once again stating that without his records that had been burned, it was not possible to get his Purple Heart. His daughter could not even tell him this news and the next day started searching the internet. She stumbled across an interview for NPR with Four-Star General Peter Chiarelli who has made it his purpose to help soldiers who suffered from brain injuries. His daughter contacted the retired general and sent his medical records proving that Bob indeed had suffered traumatic brain injury, was treated for this wound in a military hospital, and his separation paper showing that the request had been made for his Purple Heart.

Within ten days of General Chiarelli receiving these papers, Bob was notified that he was receiving his Purple Heart. He had waited over 70 years to hear those words. He then received a letter from General Chiarelli that he and his wife, Beth would be honored to be at the ceremony. Then he heard from General David MacEwen who had assisted in expediting the award would also be attending with his wife, Patty. Also attending were Mr. Richard Hunt and his wife, Michelle from the Order of the Purple Heart.

On the evening of August 23, 2014 in a heartwarming ceremony Robert C. Bohm was pinned his Purple Heart by General Peter Chiarelli, General David MacEwen, and Congresswoman, Ileana Ros-Lehtinen

A veteran is permitted his support animal in his home

Ajit Bhogaita, Kane the Dog, Aaron Bates, Esq. and Matt Dietz, Esq.

Litigation: Bhogaita v. Altamonte Springs Condominium Assoc.   

Ajit Bhogaita is a United States Air Force veteran who, like hundreds of thousands of other veterans, suffers from post-traumatic stress disorder (“PTSD”) As a result of his PTSD, Mr. Bhogaita attempted to take his own life, and then medicated with anti-depressants for his chronic depression and anxiety. Because of this disability, he has difficulty sleeping and is unable to form close personal or professional relationships. In 2008, Mr. Bhogaita received a dog, a pit-bull terrier named Kane.  For the first time in years, Mr. Bhogaita could sleep and the dog alleviated his anxiety and depression to the extent that he stopped seeking continual and emergency treatment for his disability.

While his condominium association realized that Kane weighed more than the 25 pound limit, it did not seek to enforce its limitations until 2010. When he received a letter stating that he was violating the pet rules, Bhogaita informed the association that he had a disability and needed an accommodation. When there were threats of further acts, it caused Mr. Bhogaita to panic, and he went back to his doctors at the Veteran’s Administration Medical Center and received letters from his psychiatrist who was familiar with the use of service animals and emotional support animals by veterans. Mr. Bhogaita wrote three letters to the condominium association verifying Mr. Bhogaita’s mental illness and need for Kane, the support dog. This did not satisfy the association, and the association and its lawyer demanded detailed information regarding Mr. Bhogaita’s mental health history, cause, treatment, and future treatment. Mr. Bhogaita said no.

Under the Fair Housing Act, a housing provider is not entitled to unnecessary and detailed medical or psychological information to determine whether a resident has a disability or whether the resident needs an emotional support animal. Matthew W. Dietz, Litigation Director of Disability Independence Group, and Aaron C. Bates, Esq. successfully represented Mr. Bhogaita in trial, and now the case in before the Eleventh Circuit Court of Appeals.

Currently, there are over 180,000 veterans with PTSD who served our country in Afghanistan and Iraq. For all these veterans do for our country, it is obscene that housing providers do not permit an accommodation in rules that will provide
considerable support to ameliorate a veteran’s suffering. It has long been established that the emotional connection between a person and an animal promotes release of oxytocin from the pituitary gland, thus serves to alleviate symptoms of depression and anxiety. It is a simple, beneficial and effective alternative to medication. One of the major goals of the Disability Rights movement is that each person with a disability has the right to self-determination – free from the patriarchal attitudes of the “able-bodied”. We are proud to be able to assist Mr. Bhogaita in allowing him the freedom and the ability to integrate into and live in our society.