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Genetic Discrimination

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Junior Member
What is the name of your state? Alabama
My 18-year-old son, was just denied enlistment into the US Air Force. Without even getting a military physical, he was denied twice due to his family medical DNA records that show he has genetic hemochromotosis. Hemochromatosis disease is a result of Iron overload in the blood. In years past it would only be found in patients 40 years of age or older that had organ damage from years of iron overload. Now with DNA test it is possible to see a potential problem before it even exist.
Treatment for the disease is simply giving blood, or taking a once a day pill that deplete's iron. My son is currently in great health, and at present, his iron levels are so low that he has never had the need of any treatment or a phlebotomy. Because of the early DNA testing that revealed his potential problem, in a worse case senario, he should never have to give blood more than 3 or 4 times each year at some point in the future, if at all.
After failing the first time we went to Birmingham Alabama and met with a highly regarded specialist in genetics and the blood disorder field, Doctor James C. Barton of Southern Hematology & Oncology. Dr. Barton evaluated my son’s condition and composed a letter to the Air Force explaining his condition in detail. He explained that his HFE genotype and iron values represent no excessive risk. He also explained the number of suspected cases that are currently in the military unknowing and having the same condition as my son. The military doesn't screen or check recruits for this disease, therefore 1 in about 165 of our fine soldiers will possibly have serious organ damage from the iron overload later in life. My son however, because of his knowledge of the potential problem at an early age has all but removed the risk associated with the desease.
Even our congressman has sent our case info to a USAF colonel at the pentagon, which the colonel said he stood behind the decision the military surgeon general has already made. After we ourselves have studied the military manuals, we have concluded that the manuals are out of date, and don't take into consideration of advanced knowledge of potential diseases through genetic testing.
Genetic Discrimination is a growing problem in the suvillian work place, with employers and medical insurance companies. Laws are currently trying to be passed to protect suvillians in these areas, but nothing that I know of has surfaced with the military.
I have talked with experts in several fields related to the above and most think it rediculous that my son has been denied the opportunity to serve in the military.
The National Genome Institute is interested in our case and is going to approach the military surgeon general, in trying to get these folks educated on genetics and plead our case from her angle.
It has been reccomended by one out of state attorney that happens to have the same disease, that we should try to fight it through the legal avenue as a last resort. The problem with that is lack of financial resources.
We are frustrated to say the least, and wonder how strong of a case we would have legally?
 


JETX

Senior Member
bottomlines said:
wonder how strong of a case we would have legally?
In my opinion... zero.
The government (military) has the right to establish their own health criteria for enlistment. I really don't see any reasonable legal process that you can use to force them to take your son.
 

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