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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19179
Experience:  Lawyer and current JAG officer.
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My name is ***** ***** and I have a question regarding ADHD

Customer Question

Hi. My name is ***** ***** and I have a question regarding ADHD in the military. I've been in for 10 years now. My first 6 years were spent in communications/maintenance and I excelled. However, I reclassed into and investigative job with a lot of detail oriented administrative functions and struggled, immensely. This led me to go seek assistance from behavioral health where I was diagnosed with ADHD and prescribed medication to mitigate my symptoms. I still struggle to this day and my leadership, believing its a self-discipline problem, (even though I'm on medication and receive regular BH therapy sessions) has negatively counseled me on more than one occasion listing the "numerous" things I've failed at. As a result, I elected to step down from my leadership position and allow someone with less "issues" to succeed me, thinking it was the right thing to do. However, I've now been labeled a quitter who lacks confidence and discipline and have been counseled to that effect. What, if anything, is my recourse now if I can't fulfill my duties due to my disability? I feel like it would be a non issue if I was arguing that I can't run a 11 minute 2 mile because I have a prosthetic leg, but I'm finding out ADHD seems to be a made up issue to a lot of people. Thank you.
JA: Thanks. Can you give me any more details about your issue?
Customer: That's pretty much everything.
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Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I think that your analogy here is flawed because a person with a prosthetic would be separated from the service. Any situation where a person is unable to do their job due to a disability should be treated in the same manner. In the military though, they can be much less forgiving and less into giving reasonable accommodations because they can state that certain things are "bona fide occupational requirements" when a civilian job couldn't say that.

If you believe that they are being intentionally harder on you than they need to be, file an EEO complaint. Otherwise, if you agree that you can't perform to the level they feel you should, you can request that you be considered for a Medical Evaluation Board.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

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