Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I am an Army National Guard member and I am currently trying

Customer Question
to apply for an AGR...
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: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 hour by:
6/20/2016
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,276
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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?

Ask Your Own Military Law Question
Customer reply replied 1 year 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?
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Thanks

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

Ask Your Own Military Law Question
Customer reply replied 1 year 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....
Military Lawyer: P. Simmons, Military Lawyer replied 1 year 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.

Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,276
35,276 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,276 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I reenlisted from active duty army to the Florida army
I reenlisted from active duty army to the Florida army national guard. When i re-enlisted i was promised in the contract annexes, a $10,000 re-enlistment bonus. i reenlisted in December of 2015. it is… read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
I'm a former soldier who went awol on my first enlistment
I'm a former soldier who went awol on my first enlistment then signed up for another 6 year term. The problem is they want me to pay back my enlistment bonus. … read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
I'n in the Army and have a question. I have divorced and
I'n in the Army and have a question. I have divorced and remarried to another soldier. My divorce was messy and involved custody. I am not custodial parent but have 55- 60 % custody depending on the y… read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
Army active duty asks for forms to request a leave of
Army active duty asks for forms to request a leave of absence.Is the spouse or family member required to pay $350. for the necessary forms? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
The army conduct hiv test every year for soldier. If one
The army conduct hiv test every year for soldier. If one soldier pop up positive, would kick you out or at least alert you that you are positive. Or they let it be?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I have been talking to an Army soldier stationed in Syria.
Hi I have been talking to an Army soldier stationed in Syria. He said his mother is sick and he needs to come home right away. He had me write an email to his general to confirm the situation that he … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does a soldier have any chance of getting accepted into
Does a soldier have any chance of getting accepted into ranger school when they have a dui? They also just got in trouble for fighting. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
What if a soldier spreads a rumor about another soldier, and
What if a soldier spreads a rumor about another soldier, and the leadership of the somdier hears about it. Can the leadership attempt to get that soldier in trouble?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
I am writing on behalf of my wife (a retired Army Soldier)
Hello ma'am...I am writing on behalf of my wife (a retired Army Soldier) who has been utilizing her Post-911 GI Bill benefits to fund flight school training...in short, the VA has informed her school … read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
Is there a guarantee that a active soldier in the airbone
Is there a guarantee that a active soldier in the airbone division will be deployed at anytime … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Jag sent me an email with pictures of the texts this soldier
Jag sent me an email with pictures of the texts this soldier sent to me in December of 2015 and as my spouse told them it was proof of adultery. The army stated that there is no proof of adultery but … read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
I am a female soldier in the Pennsylvania Army National
Hello! I am a female soldier in the Pennsylvania Army National Guard. I have been in the guard for a little over four years now. I had a baby boy in Febuary of this year. Throughout my whole pregnancy… read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
In an Army Informal Commanders Inquiry is it normal for the
In an Army Informal Commanders Inquiry is it normal for the BC to submit the inquiry to Jag for Review ? I am subject to a Commanders inquiry and have not been questioned by the investigating officer … read more
P. Simmons
P. Simmons
Military Lawyer
35,276 satisfied customers
I am a soldier on fort bragg. A fellow soldier, in a
I am a soldier on fort bragg. A fellow soldier, in a different unit has been stalking me, threatening me, terrorizing my family back home and threatened my mother. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I am a landlord and a soldier graduated boot camp in army on
I am a landlord and a soldier graduated boot camp in army on the 21st, he ows me 5175 that wasn't paid whike he was gone, and his wife nd kids are still living in my rental without paying utilities or… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the Army is accusing a soldier of possessing the
If the Army is accusing a soldier of possessing the substance spice/k2 but the substance was proven to be non illegal/ not spice in the local county courthouse, and the store which is in the same coun… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
If a soldier in the Guard is violating Army values during
If a soldier in the Guard is violating Army values during his off duty activities, what can be done about it? The specific behavior is defrauding others of money. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x