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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33070
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am an Army National Guard member and I am currently trying

Customer Question

I am an Army National Guard member and I am currently trying to apply for an AGR job inside the National Guard. I am meeting problems when it comes to my puhles score. I am a 111112 with my two associated with PTSD after I was severly injured while on active duty. I dont understand why and how the military can rate me as a 2 in pschy and deny me a full time job but yet clear me world wide deployable and is currently preparing to send me overseas for a deployment. I did suffer from ptsd and was awarded a rating from the va in the year after I was injured and unable to work. I am currently not on any medications nor receiving any treatment for PTSD. I am actually on state active duty operation support orders. It seems to me the military is disregarding the fact that I am a 14yr E-6 with two combat tours and dismissing me for my 2S rating. But in the same light is willing to use me in operational support active orders and is willing to deploy me and rate me as world wide deployable. How can I possibly be world wide deployable but not capable of holding a state side active duty guard job? And what steps can I take to fight this?
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the Army (via the National Guard) can refuse to give you the job based on your medical status?

Customer: replied 5 months ago.
that is the general idea behind the question. However I understand the military is not bound by the same discriminatory laws the civil job market is since it is thier responsibility to ensure a person is capable of handling a position. To be more specific how can I be world wide deployable but not qualify for a desk job as a rediness nco in the active guard? And do I have any grounds whatsoever to fight the fact I am being denied employment due to the 2S?
Expert:  P. Simmons replied 5 months ago.

Thanks

SOrry...what is a "2s" rating?

Customer: replied 5 months ago.
On the PUHLES ratings which determines your readiness S is your pschy....a picket fence or all 1's is desirable to all jobs or schools....I have a 2S or a 2 rating in pschy which means I do not hold an active profile but have had pschy issues in the past....this stemmed from some PTSD after I was injured while on orders....I was stabbed twice requiring multiple surguries....
Expert:  P. Simmons replied 5 months ago.

Thanks
The military is exempt from the ADA (American's with Disabilities Act). This is the federal law that prohibits discrimination based on disability.

So while generally speaking, an employer must make reasonable accommodations for a person with a disability, these rules do not apply to military service.

So if you have a disability that could, potentially, limit your ability to perform your duties (whether deployed or stateside)? That can be a basis for the Army (or the Guard) to refuse to give you job.

Since the military is exempt from the ADA, they can refuse to provide the job based on your mental health history.

Now...you raise a good question. If you are not capable of handling the stateside job...why are they deploying you??

That is, unfortunately, a complete separate issue.

Your commander has the authority to order you to deploy...this is inherent in their role as commander. So they can order you to deploy...even if you have a disability.

That said, you make a valid point...if you have a disability that would preclude you from this particular job, then it makes not much sense that they are not running you for a MEB (the medical evaluation board...the process used to separate a soldier not physically qualified for their job).

So you can request that your commander run you for a MEB (to determine if, in fact, you are not able to perform your duties). If you have PTSD that limits your ability to serve I would expect the MEB to recommend you be retired.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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