Safest place during martial law1/10/2024 ![]() 4.1.3) Most conditions listed in the regulations are not automatically disqualifying. “Any condition that appears to significantly interfere with performance of duties appropriate to a servicemember’s office, grade, rank or rating will be considered.” (DoD 1332.38, Encl. The service regulations include Army Regulation (AR) 40-501, chapter 3 Secretary of the Navy Instruction (SECNAVINST) 1850.4E , Enclosure 8, which covers Navy and Marine Corps personnel and Air Force Instruction (AFI) 36-2902. It lists, in Enclosure 4, medical conditions that generally warrant referral for medical discharge/retirement proceedings. DoD Instruction 1332.38 is the controlling regulation. Criteria for Medical Discharge or Retirementĭepartment of Defense (DoD) instructions and service regulations list conditions which may warrant medical discharge or retirement. Advocates can also ensure that members’ rights are protected in this process, and that under-diagnosis or lack of diagnosis does not result in loss of military and veterans benefits. As a result of pressure from investigative reporting in the mainstream press and political pressure from Members of Congress, some new policies have been put in place to counter these problems.Ĭounselors and attorneys can play an essential role in helping servicemembers receive proper medical treatment, and medical discharge or retirement when appropriate. As a result, many who qualify for medical discharge or retirement are retained in the military, discharged for lesser psychiatric or physical problems that do not warrant benefits or, worse, for misconduct based on the symptoms of their illness. The military’s handling of various medical conditions is often affected by the demands on commanders to fill their rosters for deployments, by lack of training or understanding of the regulations, by pressure on medical personnel to return patients to duty, by the current trend of “downsizing,” and sometimes by military cultural biases that perceive ill or injured servicemembers as weaklings or malingerers. Deployment of Ill and Injured ServicemembersĪttorneys and counselors are seeing increasing numbers of soldiers and sailors with physical and emotional injuries and illnesses, many resulting from the wars in Iraq and Afghanistan.Integrated Disability Evaluation System (IDES).Benefits of Medical Discharge or Retirement.Criteria for Medical Discharge or Retirement.Download PDF of this content for offline readingThis publication updates and replaces the Medical Discharge and Retirement memo of 2007.
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