When the DoD Doesn’t Follow Its Own Rules: The Legal Case for Military Discharge Reform

Across the armed forces, injured service members are being quietly discharged—not because they are unwilling to serve, but because the Department of Defense (DoD) is failing to follow its own internal policies. Despite existing regulations that allow for reassignment or accommodation of non-deployable personnel, many are being pushed out without proper due process, transparency, or review.

This is not about ignoring readiness. It’s about upholding the law.

The Misunderstanding: “It’s Just About Fitness”

Some argue that fitness standards in the military are clear-cut—and that failing a medical or physical evaluation simply disqualifies one from continued service. While it’s true that many military roles demand physical capability, this argument oversimplifies the legal and administrative landscape. In fact, the DoD has issued multiple policies that affirm its responsibility to consider reasonable accommodations and alternative assignments before resorting to separation.

What the Regulations Actually Say

Let’s break down the relevant guidance:

🔹 DoDI 1332.18 – IDES Process

This outlines how the Integrated Disability Evaluation System (IDES) determines if a service member is fit for duty. However, being “unfit” for a specific role does not automatically require discharge. The process should also weigh the possibility of reassignment within the military structure, especially for those with valuable experience and non-combat qualifications.

🔹 DoDI 1332.45 – Retention of Non-Deployable Service Members

This policy explicitly permits the continued service of injured personnel if their roles do not require global deployability. For example, administrative, instructional, or technical duties can still be fulfilled by non-deployable service members—yet many are not given that option.

🔹 DoDI 1020.04 – Anti-Discrimination & Reasonable Accommodation

Though often cited in the context of civilian DoD employees, this instruction reaffirms the DoD’s obligation under Section 504 of the Rehabilitation Act of 1973 to provide equal access to federally funded programs. That includes military administrative proceedings such as discharge review boards and medical evaluations.

The Problem: Inconsistent Enforcement and Command Discretion

In reality, these protections are often ignored or applied unevenly. Inspector General reports and GAO audits have revealed that some commanders bypass the reassignment process altogether. Others fail to inform injured personnel of their rights, or discourage them from seeking legal recourse. This lack of standardization results in veterans being discharged not due to incapacity—but due to leadership’s unwillingness to pursue alternatives.

This isn’t just a bureaucratic misstep. It’s a systemic failure.

The Human Impact

Consider a Marine with spinal injuries sustained in combat. He can no longer carry a pack but is fully capable of training junior Marines or working in logistics. Instead of being reassigned to a desk role, he is processed for discharge—losing not only his military career, but his housing, health care, and path to retirement. These cases are not isolated. They are increasingly common.

This is why the #ReasonableRanks campaign was born.

The Solution: Enforce Existing Law

We’re not asking the military to lower standards. We’re demanding that it follow its own rules—by considering reassignment pathways, honoring anti-discrimination mandates, and ensuring fair evaluation processes.

The Department of Defense must be held accountable for:

✅ Providing consistent application of DoD discharge policies

✅ Ensuring injured service members are informed of all available options

✅ Preventing arbitrary or biased discharge decisions

✅ Complying with federal civil rights law and DoD directives

Take Action

We are calling on Congress, the DoD Inspector General, and the American public to support reform.

🖊️ Sign the petition: https://chng.it/5yXYvkBtMR

📜 Demand enforcement of existing reassignment policies

✊ Stand up for those who served and were wrongfully discharged

Because justice for our injured service members should not depend on a commander’s discretion. It should depend on the law.

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Written by Kirk Carlson

Founder, Covenant of Courage

U.S. Marine Corps Veteran

Leader of the #ReasonableRanks Campaign

#ReasonableRanks #VeteranJustice #MilitaryLaw #DoDReform #CovenantOfCourage #ProtectOurVeterans #DueProcess #ReassignmentNotDischarge #EqualOpportunityInUniform