An Interesting Little Discussion with the DH

He was reading his new Kyle Baker book and found out that in one of his new titles, he loosely drew on the story of the autistic kid in Oregon who was recruited into the Army... nearly. It didn't get as far as the Joshua Fry case, but this Baker character led into a discussion if the label of a disability alone should preclude someone from serving in the military. He thinks that if someone is up to the job and can perform it without accommodation, they should be permitted to serve. He is right, to an extent.

I guess I look at this through the lens of Jimmy, who at two days before he eighth birthday can barely string a sentence together or wipe his backside in the bathroom. Between the experience of raising him and working in education, I have seen a wide variety of children with autism. Some of them I can see living independently and having challenging employment. The kids that fall more closely in Jimmy's orbit - a life on their own is the unlikeliest of scenarios as I see it. I will be responsible for him for the rest of my life, because I think his ability to be responsible for himself is extremely limited.

So, as parents and guardians of these children, we take steps to manage their affairs through legal conservatorships. If you are not of sound mind, you can't legally enter a contract. Your conservator makes those judgments because you can't, decisions that allow you to live in the world, but limiting your risk. When we discussed this, he actually brought up Britney Spears' conservatorship. He thinks she is perfectly capable of enlisting. I said that my understanding is that she is bipolar, a medical diagnosis, and when the conservatorship was established, it was after a series of extremely questionable judgment and behavior. At the time when it was established, she had no business making decisions for herself - evidence the head shaving and Osama Lufti - so her dad legally inserted himself to keep her business going while getting her help and treatment. Conservatorships are legitimate and exist for a reason.

My biggest problem with the Fry case is the conservatorship. According to Fry's attorney, the grandmother told recruiter Matthew Teson about the conservatorship as well as his diagnosis. He didn't listen. When it the conservatorship was presented in front of the JAG, the JAG ignored this legally binding document in favor of the recruiting agreement. In that action, the JAG essentially said civilian laws and protections for the disabled don't matter. Not only did the Marines ignore the medical history of this young man, they ignored the laws of this country that should have protected him. Moreover, the people who, if the attorney is correct, broke the law (principally the recruiter) are not being held to the letter of the law or facing any sort of punishment. To me, that's absurd.