What are the rights of people with mental illness if they are in the military?
People with mental illness who serve in the military of North Carolina have certain rights. These rights are protected under the Uniform Code of Military Justice (UCMJ) and the Code of Federal Regulations. Under the UCMJ, service members cannot be subject to any form of discrimination on the basis of mental illness. That includes being denied the opportunity to serve, or being passed over for promotions or other opportunities. Under the Code of Federal Regulations, people with mental illness must be treated fairly and with respect. This includes being given the same access to mental health care services as those without mental illness. The Department of Defense and the Veterans Administration also provide mental health care services to military members with mental illness. This includes access to mental health professionals, such as psychiatrists, psychologists, and social workers, who can provide support and resources to help service members with mental health issues. Military personnel with mental illness also have the right to apply for disability benefits. These benefits may include a monthly financial allowance, free or discounted health care services from the VA, and access to supportive housing. Finally, military personnel with mental illness have the right to due process and a fair hearing when facing charges or punishment as a result of their mental illness. This includes the right to an unbiased trial by a court-martial or other tribunal. In addition, those with mental illness can request an appeal of any sentence or action taken against them.
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