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Transsexuals and the Military

Q: Dear Sharra,

I am a post-operative female-to-male transsexual. I desperately want to join the military, but I am aware of that the military medically disqualifies transsexuals.

I am a registered nurse, so I would be in high demand in the military. I was wondering if there is any hope for me being able to join the Reserves.
I'd appreciate any advice.


Thank you,
Seb


A: Dear Seb,

Unfortunately, the short answer to your question is that you will probably not be able to join the Reserves. The Department of Defense sets the physical standards criteria, and they must be met by all applicants for military service, including the Reserves and National Guard. Each person attempting to join the military must undergo a physical examination as part of the induction process.

The military considers having had any type of gender-confirming surgery to be a major genital abnormality or defect, even if there are no complications after surgery. If an individual is at any other stage of transition, or does not plan on having surgery, the military considers transsexuality to be a disqualifying psychiatric condition.

The military would find out about a post-operative transsexual either during the physical exam and history or through the entry-level background security-clearance investigation. Lying on the form or to the doctor, or omitting the information, could be viewed as a fraudulent enlistment and subject an individual to Uniform Code of Military Justice penalties and discharge.

You may request a waiver for any medical condition from the branch that you are attempting to join. Each service sets its own rules regarding whether or not a waiver request is appropriate and whether or not such a request will be approved. However, no waivers for gender-confirming surgery were requested between 1996 and 2000, the years for which data was available from the Department of Defense.


Sincerely,
Sharra E. Greer
Greer is the legal director of the Servicemembers Legal Defense Network.
Dec. 6, 2002