Legal Question in Military Law in Tennessee

I enlisted in the Tennessee Army National Guard and have since been diagnosed with Major depressive disorder, generalized anxiety disorder, and panic disorder. I have informed my Staff Sergeant. I have also requested to have medical records sent to the Staff Sergeant. She has told me that she will make me go to basic regardless of my diagnosis if the doctor doesn't send her the requested forms within a very short time period. Is this legal? What can I do?

Asked on 5/16/16, 10:06 am

1 Answer from Attorneys

Yes, it is legal.

What you should do -- since it appears that you have enlisted (perhaps under a delay entry program)

but you are waiting for a basic training class date, is run (don't walk) to your recruiter. It doesn't matter

whether a newly arisen disability is physical or mental, you are under a duty to immediately report any

change that might affect your ability to meet the standards for military duty. A civilian doctor's opinion

will carry a lot of weight, but ultimately it is the examining physicians at the MEPS who will decide if

any enlistee is or is not capable of meeting entrance physical standards.

You may have to come back in for a new entrance physical.

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Answered on 5/16/16, 11:23 am

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