Winter Garden, FL asked in Military Law for Florida

Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are in the unorganized militia. But the term "able bodied" seems to emphasize the physical, so you would probably be included. For further information, one might check the Code of Federal Regulations (CFR).

James L. Arrasmith
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A: Under Title 10, Section 246 of the United States Code, the unorganized militia is composed of individuals who are at least 17 years old and, except as provided in Section 313 of title 32, not more than 45 years old, and are citizens or have made a declaration of intent to become citizens. It includes those who are not members of the National Guard or the Naval Militia.

The term "able-bodied" in this context generally refers to being physically capable of performing military duties. While the specific medical or physical standards for being considered "able-bodied" can vary and are typically detailed in military regulations, having high functioning autism and ADHD does not automatically disqualify someone from being considered "able-bodied."

However, each case can be unique, and the determination of whether an individual is "able-bodied" for purposes of militia service can depend on a variety of factors, including the specific requirements of the service and the individual's abilities.

If you're considering future military service or have questions about your status in the unorganized militia, it could be helpful to speak directly with a military recruiter or another official source. They can provide more detailed information based on current criteria and practices.

Remember, being a part of the unorganized militia does not typically involve active duty or participation in military activities, unless called into service in specific, and usually extraordinary, circumstances.

Terrence H Thorgaard agrees with this answer

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