Bridging the Gap: Military Discharge Policy vs. Civilian Disability Law

By Kirk Carlson | USMC Veteran | Founder, Covenant of Courage

In the civilian world, workers who become disabled on the job are protected by powerful legal frameworks like the Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973. These laws guarantee reasonable accommodations, prohibit discrimination based on medical status, and ensure continued employment where possible.

But in the U.S. military, the same rules do not apply. When a service member becomes injured or non-deployable, they are often discharged rather than reassigned—even if they are capable of contributing in other essential roles.

This gap between military discharge policy and civilian disability law leaves thousands of veterans behind each year.

The Civilian Standard: Accommodate, Don’t Eliminate

In the civilian workforce, when an employee becomes unable to perform certain tasks due to a disability, the law requires employers to explore reasonable accommodations. That might mean modified hours, assistive technology, reassignment to a new department, or work-from-home flexibility.

These accommodations are not about special treatment—they’re about equity and retention. They preserve talent, reduce turnover, and recognize the dignity of workers who face physical or mental health challenges.

For federal employees, the Rehabilitation Act ensures that reassignment to a vacant, funded position is the default—not termination.

The Military Reality: Discharge Is the Default

In contrast, military regulations prioritize deployability as the gold standard of continued service. If a service member cannot deploy due to a medical condition—regardless of cause—they are frequently referred for medical separation or retirement.

There is no standardized process for reassignment, even in roles that don’t require combat readiness:

• Training command

• Cybersecurity

• Recruiting

• Administration

• Logistics

The result? Veterans with experience, commitment, and ability are discharged prematurely—many times without adequate transition support, full VA benefits, or a clear path to civilian employment.

Why the Discrepancy?

The military is exempt from the ADA. Courts have historically ruled that applying civilian disability laws to active-duty service members could interfere with military readiness. While there are legitimate concerns about force strength, these policies overcorrect by eliminating even the possibility of reassignment.

This creates a double standard:

• A civilian working at the VA with PTSD can be reassigned.

• A Marine with PTSD from combat may be discharged.

Same country. Same government. Vastly different outcomes.

What the #ReasonableRanks Movement Proposes

The #ReasonableRanks campaign is calling for a career reassignment pathway within the Department of Defense that mirrors civilian accommodation law in spirit, if not in letter.

We believe the military should:

1. Establish a standardized reassignment system for injured, non-deployable service members.

2. Preserve rank and benefits when transitioning to a new, non-combat position.

3. Ensure transparency and advocacy during the Medical Evaluation Board (MEB) process.

4. Recognize that reassignment is an investment, not a liability.

Just like in the civilian world, we should be asking:

“What can this person still contribute?”

Not:

“How fast can we discharge them?”

Bridging the Divide

The solution doesn’t require rewriting the ADA—it requires DoD-level policy innovation backed by Congressional support and veteran-led advocacy.

We have a moral and strategic imperative to stop discharging service members who still have the will and skills to serve. We can uphold readiness without sacrificing humanity.

And if our government believes in equity for the civilian workforce, it must extend that vision to those in uniform.

🖊️ Sign the Petition to Support Reassignment Reform: https://chng.it/5yXYvkBtMR

🌐 Learn More: www.ReasonableRanks.org

📣 Join the Movement: #ReasonableRanks #MilitaryReform #VeteransMatter #DisabilityJustice #ReassignmentNotDischarge