Why Military Discharges for Injured Troops Violate ADA Principles
- Kirk Carlson
- Jun 9
- 3 min read
By Kirk Carlson | USMC Veteran | Founder, Covenant of Courage
When civilians become injured or disabled in the workplace, the law is clear: under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations, including reassignment, before considering termination. This legal framework isn’t optional—it’s a civil right.
But if that same injury happens while wearing a military uniform, the outcome is often starkly different: discharge, not accommodation. In effect, the very system meant to protect those who served offers fewer protections than the civilian workplace. That’s not just unjust—it’s a violation of the spirit of the ADA and a failure of national responsibility.
⚖️ What the ADA Requires — and Why It Matters
Passed in 1990, the ADA prohibits discrimination against individuals with disabilities in all areas of public life. It requires that employers make reasonable accommodations for workers with disabilities, including:
Modifying duties or schedules
Providing assistive tools or access
Reassigning employees to roles they can perform
The purpose is to retain talent, preserve dignity, and recognize the value of individuals even if they are no longer able to do everything they once could.
If a civilian government employee becomes injured, they are often reassigned to another position—sometimes in administration, training, or policy roles. But that same standard doesn’t apply in the military, even though the Department of Defense is a federal employer.
🪖 The Military’s Double Standard
Military regulations prioritize “deployability” above all else. If a service member is injured—whether in training, on active duty, or even due to a medical condition—they may be labeled “non-deployable” and processed out, even if they are otherwise fully capable of serving in support roles.
There is no standardized reassignment policy for non-deployable troops. There is no formalized protection under the ADA. Courts have consistently ruled that the military is exempt from the ADA to preserve combat readiness.
But here’s the problem: not every role in the military requires combat readiness.
Thousands of military jobs involve:
Logistics
Intelligence
Cybersecurity
Training
Medical support
Recruiting and retention
Dismissing experienced personnel who could fill these roles—simply because they can’t deploy—undermines readiness, wastes taxpayer dollars, and violates basic principles of fairness enshrined in the ADA.
📉 The Cost of Discharge Over Reassignment
The consequences of this discharge-first policy are devastating:
Veterans lose careers they were still committed to.
Families face housing and income instability.
The VA system becomes flooded with claims that could have been mitigated by continued service.
The military loses experienced leaders and trainers—many of whom are highly skilled in non-combat roles.
This isn’t just about policy. It’s about people.
🛡️ The Case for Reform: Reasonable Ranks
The #ReasonableRanks campaign calls on Congress and the Department of Defense to modernize military discharge policy and bring it in line with ADA principles by:
Creating a reassignment pathway for injured, non-deployable service members
Codifying retention options that prioritize skill, experience, and continued service
Ending blanket discharges for troops who want—and are still able—to serve in alternate roles
This is not about forcing the military to change combat standards. It’s about applying the ADA’s core values—dignity, accommodation, opportunity—to those who wore the uniform.
💬 In the Words of a Veteran
“I wasn’t asking to deploy again,” said one medically separated Marine. “I just wanted a desk. I wanted to keep serving. Instead, I got processed out like I was broken.”
No one who swore an oath should be made to feel discarded.
✊ It’s Time to Align Military Policy With Civil Rights
The military may be exempt from the letter of the ADA—but it shouldn’t be exempt from its values. We cannot claim to honor service while stripping rights from those who served.
Let’s stop treating injured troops as expendable. Let’s start treating them as people who deserve a place to continue their mission.
🖊️ Sign the Petition: https://chng.it/5yXYvkBtMR
🌐 Learn More: www.ReasonableRanks.org
📢 Join the Conversation: #ReasonableRanks #VeteransMatter #ReassignmentNotDischarge #ADAViolations #MilitaryReform
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