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  1. #1

    Default DD-214 Discrimination

    I am a veteran that was honorably discharged for a 'personality disorder' after being diagnosed with Adjustment Disorder.

    I was recently offered a position as a commercial truck driver with a company in Central Florida. They requested a copy the Member Copy of my DD-214 containing my discharge type, characterization, discharge code, and reenlistment code. I was unable to fax it prior to attending orientation so I provided them a copy upon arrival.

    The next day my recruiter called me and questioned me about the 'personality disorder' printed my DD-214, to which I provided basic information behind the diagnoses and discharge. She asked me to put it in writing and bring it to her, which I did.

    When I got to her office, I was brought into the head of recruiting and told I was being dismissed from orientation for falsifying my medical questionnaire.

    Apparently, on the form there is a series of 'Are you currently or have you ever suffered from" type questions; one of which is "psychiatric disorder/severe depression". Not paying too much attention I checked 'no' while going down the line of other ailments. This is where I 'falsified' information.

    By law, the RE, SPD/SPN codes can only be used by military recruiters for determining reenlistment purposes. Only the Character of Service (honorable) can be used by other people. Since they obtained the above information by questioning my DD-214, do I have a case for discrimination and should I seek legal advice? Will the fact that I 'falsified' a medical form hurt my case?

    Thanks in advance.

    46&2

  2. #2
    Join Date
    Sep 2005
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    Default Re: DD-214 Discrimination

    By what law?

  3. #3
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: DD-214 Discrimination

    By law, the RE, SPD/SPN codes can only be used by military recruiters for determining reenlistment purposes.
    And who fed you that line? There isn't such a law that I have ever seen or heard of and having been a military recruiter for 15 years prior to my military retirement, I can assure you that employers have access to what the codes are and their narratives.

  4. #4

    Default Re: DD-214 Discrimination

    I know they have access to them, but they aren't supposed to use them for employment purposes. I'll have to find the actual statute, but I got the information from on of the veterans associations.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: DD-214 Discrimination

    Technically they didn;t use the codes in a manner that would be discriminatory. I'll trust the other posters there is no law as you suggest but regardless, it makes no difference because that is not why they fired you.
    They fired you because you did lie on your application. They did not fire you because you have some disorder. You said that yourself.

    Apparently, on the form there is a series of 'Are you currently or have you ever suffered from" type questions; one of which is "psychiatric disorder/severe depression". Not paying too much attention I checked 'no' while going down the line of other ailments. This is where I 'falsified' information.

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