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Fighting Disability Harassment And Discrimination In The Military

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Hey everyone still on active duty or reserve that passed the MEB/PEB and found as fit for duty....

I have been discriminated against by my command and even disciplined by being barred from promotion because of limited deployability because the Army PEB found me as fit for duty. I did a congressional complaint and low and behold, policies were changed and looks like it may also cause regulation policy changes to include "disabled" as being protected such as race, religion ect, ect.

You do have rights made very powerful by the Americans with Disabilities Act (ADA) of 1990 as amended by the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. JAG's and IG's will tell you that you don't have these protected rights. Don't believe them.

If your service is discriminating against you for your disability that you have been boarded for and found as fit for duty, see Title 32 CFR Section 56 under the Secratery of Defense. Or go to this link: http://ecfr.gpoaccess.gov/cgi/t/text/text-...r56_main_02.tpl

Amazing how this section causes the stars to align. If you are being harassed, use this for your argument with the IG. Also, if you do a congressional complaint, use this section and you will get results. I did. I am retiring, so I had nothing to lose. It will help those behind me. It may even get me promoted back to January 2006.

Good luck.

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  • HadIt.com Elder

Welcome to Hadit and good for you to stand up for your rights.

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