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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19182
Experience:  Lawyer and current JAG officer.
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Story: Back in April 2014 I was activated and went on Active

Customer Question

History: Back in April 2014 I was activated and went on Active Duty orders, I was in the Florida Army National Guard. I fell on some ice and had to have rotator cuff surgery. My MRI stated that I had 3 tears one of them massive. I went into the Warrior Transition Battalion at Ft Stewart, GA on 5 May 2014. In Oct 2014 my surgery was completed by a civilian Dr. and I went through 12 weeks of physical therapy while I was at home in Saint Augustine, FL. My date of birth is 10 Aug 1954.
While at Ft. Stewart I was told that I would go before the Med Board and be medically discharged because of several things: L4. L5 lumbar bulge, a reoccurring ankle sprain, high blood, and high cholesterol by Dr. Heads.
My rotator cuff surgery failed, and my surgeon Dr. Murphy referred me to another dr. in his practice to do a graft procedure on my right shoulder so I would have a full range of motion. I just had that operation on 13 Aug 15 and I will be going through 14 weeks of PT.
My question is this: Is there a regulation that prevents the Army from medically discharging an old Soldier? If not, would not this be a case of ageism?
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.

There are regulations that require that a long term soldiers be considered for retention or medical retirement rather than separation, and that any separation be reviewed for fairness at higher levels. They don't actually take age into consideration, but rather, length of service because the issue is potential loss of retirement.

It is not ageism to not have a statute that creates that age protection though. Ageism would be to not treat those over 40 in the same way as everyone else. To have a statute preventing separation, that would be treating people ver 40 differently than everyone else and nothing in the law requires those of age to get special treatment.

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