Legal Question in Military Law in Pennsylvania

Void By Military

I am 21 years old and have applied to join the US Air National Guard, I was told by the recruiter that my application would be denied due to being prescribed depression medication at the age of 15. Is there any possible way I could fight this and still follow my goals for a career in Aircraft Structural Maintenance and join the service ?


Asked on 9/08/03, 4:44 pm

2 Answers from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Void By Military

The Air National Guard follows the enlistment requirements of the U.S. Air Force, which tend to be the strictest requirements of all the branches of the U.S. military. I�m not really sure why this is so, but it�s true.

The Air Force has a medical waiver procedure which lets people enter with some physical problems, but on some things the Air Force is extremely sticky� like asthma, and I�m sorry to say � mental health issues. So if your recruiter is telling you that you�re ineligible to enlist in the ANG due to your past mental health issues, then there�s probably no waiver possible and hence no way around this road block.

Your desire to serve in the military is admirable, but all of the other branches fly aircraft these planes need maintainers. There is the Army National Guard and each branch also has a reserve component that can be much like serving in the National Guard. I recommend that you call the Navy, Army, Marine, or Coast Guard reserve recruiters and see what they have to say about this. Do not under any circumstances lie or misrepresent your medical history because fraudulent enlistment is a crime. But if you want, you could call a reserve recruiter in another town and then anonymously ask them about your situation.

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Answered on 9/14/03, 3:41 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Void By Military

Apply, go through the physical, and if they reject you, they have to give you a reason.

The mere taking of medicine, if it was an incorrect diagnosis, should not necessarily disqualify you.

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Answered on 9/08/03, 6:25 pm


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