Q: Military disqualifications against minor juvenile records?
This individual is now 20 years old. He self-mutilated and was admitted to a psych ward at age 13. By law, is the military able to disqualify any person(s) for past medical history in which the minor was not legally of age to permit any decisions or diagnosis' without the consent of a parent? Technically, like marriage, it's the parents' decisions to permit any legal or medical actions.
Now I'm fully aware that rules are rules, especially with the United States Army, however; could this (no-exceptions) rule be waived if presented unlawful against a minor?
Why are minors later held liable for decisions they made during adolescent years? With hormonal imbalances and development stages of puberty, how is that held accountable as any future mental illnesses?
A: You need to understand that there is no right to serve in the military, and when the military trains a recruit, they spend tens of thousands of taxpayer dollars. The recruiting standards exist based on probabilities as to who will have and not have problems conforming, serving, and meeting the physical and mental demands of military service. The military is not concerned about how the diagnosis was reached - just that there was a diagnosis.
Most of those who enlist in the military are still adolescents by psychological and neurological standards - brains aren't fully developed until mid to late 20s. The military holds those individuals to the same standard as a 45 year old master sergeant.
So the short answer is, there is data out there that suggests mental health issues as a juvenile provide a higher likelihood of issues under the stress of military service. Therefore, to reduce the risk, the military has made a categorical rule. Categorical rules are the way we fight and win wars. It's the bedrock of the military hierarchy.
I am sorry that he will not be able to serve in the military. There are other ways to serve this country besides military service and he should take pride pursuing those opportunities.
Robert Donald Gifford II agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.