Building a Legal Case for Career Reassignment in the Military
- Kirk Carlson
- Jun 10
- 3 min read
By Kirk Carlson | USMC Veteran | Founder, Covenant of Courage
For decades, injured and non-deployable service members have faced an all-too-familiar outcome: involuntary medical discharge. Often sudden, emotionally jarring, and career-ending, these discharges occur even when the service member remains highly skilled, committed, and capable of serving in a different capacity. While the Department of Defense justifies these separations as matters of “readiness,” the lack of alternative pathways—particularly career reassignment options—has created a system that may conflict with fundamental principles of disability rights and equal treatment.
Through the #ReasonableRanks campaign, we propose not just a moral argument, but a legal foundation for reimagining how the military treats its own. The goal? To build a legitimate legal case for career reassignment — one rooted in precedent, civil rights, and equity.
⚖️ The Foundation: The Americans with Disabilities Act (ADA)
Although the military is largely exempt from the ADA due to national security considerations, the spirit of the law—preventing discrimination based on disability and requiring reasonable accommodations—offers a framework for reform.
In civilian federal agencies, employees who become disabled are often offered reassignment as a reasonable accommodation.
In the private sector, similar protections apply under the ADA, where termination without exploring accommodation may constitute discrimination.
The question arises: Shouldn’t an injured service member, especially one with a non-combat administrative or support role, be given the same consideration?
🪖 Military Precedent & Exceptions
While combat deployability has long been the litmus test for retention, the military has historically made exceptions for critical roles such as:
Cyber operations
Training instructors
Base security and administration
Chaplain services
Medical and mental health support roles
This proves one thing: The military can reassign based on need. The lack of policy infrastructure to formalize this pathway for injured service members is not a matter of possibility — it’s a matter of political will.
🧾 Supporting Evidence for Legal Reform
To strengthen the legal argument for career reassignment, we must present:
Data on Skill Waste
Thousands of service members with high-value technical, linguistic, or leadership skills are discharged annually despite being capable of continuing service in non-deployable roles.
Comparative Policy Models
Civilian federal employees under Title I and Title II ADA provisions receive reassignment as a standard accommodation. Law enforcement and fire departments often offer light duty roles or retraining rather than termination.
Equal Protection Grounds
Disparities in discharge outcomes based on branch, command, or even injury type suggest inconsistencies that could invite future legal challenge under the Equal Protection Clause.
Testimony from Affected Veterans
First-person accounts — like those gathered through the #ReasonableRanks campaign — humanize the injustice and establish a pattern of systemic neglect.
Cost-Benefit Analysis
Reassigning skilled personnel reduces retraining costs, maintains institutional knowledge, and upholds morale — all of which improve readiness, not diminish it.
🔍 Legal Pathways to Explore
While direct litigation against the Department of Defense is difficult, the following legal strategies may advance reform:
Legislative Advocacy: Push for Congressional hearings and policy change through the NDAA (National Defense Authorization Act).
Amicus Briefs: Partner with disability rights organizations to file support briefs in relevant federal cases.
Administrative Complaints: Use Inspector General and DoD Equal Opportunity channels to challenge unfair discharges.
Whistleblower Protections: Shield service members who report discriminatory discharge practices.
🚨 Time for a Policy Shift
The military prides itself on loyalty, honor, and leadership. But when it discards injured troops without exploring options to retain them in meaningful, mission-supportive roles, it violates those very values. Career reassignment isn’t just a compassionate solution — it’s a lawful, logical, and economically sound one.
📝 Join the Fight
The legal case is building. The voices are growing louder. And the data is on our side.
📌 Sign the petition: https://chng.it/5yXYvkBtMR
📣 Support our campaign at: www.covenantofcourage.com
Together, let’s push for a system that honors all service — not just the deployable kind.
Comentários