Military Service by the Disabled

On May 21, 1944, two weeks before the forces of the united nations[1] captured Rome and began the process of liberating France from the oppression and tyranny of Nazi rule, Judge Billings Learned Hand addressed a crowd of a million and a half people who had gathered for the annual I am an American Day rally in New York City’s Central Park.

Judge Hand’s thesis argued the rights and freedoms enjoyed by the citizens of the United States of America and which form the foundation for the unique American meta-culture[2] that embraces the multitude of distinct cultures present within the Republic are the progeny of Liberty. He contended that the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, the constitutions of the states and the laws flowing therefrom reflected tangible albeit imperfect efforts to codify the intangible perfect ideals of liberty, and its offspring freedoms, and rights. Judge Hand asserted that the purest and noblest forms of these principles exists within the spiritual realm composed of the hearts and minds of every American, See: (Hand 1960, 189-191).[3]

In his address to the delegates of the eighteenth regular session of the United Nations General Assembly Plenary given on September 20, 1963, President Kennedy extended Learned Hand’s argument to include peace. Paraphrasing the“Spirit of Liberty” address President Kennedy asserted that those human rights, consttitutional freedoms and priveliges enjoyed by Americans are the children of peace and liberty. The President averred that peace treaties and other accords aimed at achieving sustainable peace within the international community were and are Imperfect attempts to manifest concretely the pefect abstract ideal that is peace. He like Judge Hand before him maintained that the ideals of peace and liberty in their most perfect forms reside within the conscience of the individual, Id: (Kennedy 1963).[4]

Safeguarding these principles is an arduous and some would argue Heraclean task since, the founding of the Republic, the Armed Forces of the Untied States in conjunction with the National Guard and municipal law enforcement agencies have been charged with the obligation of acting as the sentinels for Lady Liberty and her consort Lord Peace. The service members are entrusted with the responsibility of safeguarding and fortifying the liberty, peace, and the innumerable freedoms and rights held sacrosanct by the citizens of the nation, shielding them from assaults by enemies foreign and enemies domestic.

The selfless individiduals who willingly don the uniforms of the armed forces, national guard, and other law enforcement agencies sacrifice a great deal including many comforts, that many ordinary Americans often take for granted. The service members do so not only to protect and defend all that they hold dear, they also willingly undretake to keep watch over and protect those least capable of defending themselves and protecting their freedoms.

I come from a family whose antecedents served honorably in the military establishments of the six nations to govern and administer the State of Texas. My father’s family emigrated from Alsace-Lorraine and Scotland, his Scottish ancestors in the North Carolina militia during the American Revolution. My mother’s ancestors were predominantly Spanish and Itailian, they emigrated from their ancestral homelands between 1718 and 1905. My mother’s maternal ancestors were cattle ranchers active during the Revolutionary War period. Following the entry of Bourbon Spain into the American Revolution on the side of the colonists in 1778, the King of Spain instructed the ranchers in Spanish Louisiana and Texas to provide the Continental armies with cattle, horses, sheep and foodstuffs. My mother’s anvestors were actively involved in those roundups and drives that occurred in Texas. My family has actively participated in every major conflict to affect the North American continent since the beginning of the Nine Years’ War in 1688.

Born in San Antonio, Bexar County, Texas on September 18, 1976, two days after birth I went into cardiac arrest. During the resuscitation process one of my lungs collapsed briefly depriving my brain of oxygen. The damage resulting from the disuption of the oxygen flow to my brain manifested itself in the form of Hypoxic Encephalopathy. Outwardly, my condition is characterized by and irregular gait and speech patterns, accompanied by slight diminishment of my reflexes, and coordination. Despite these abnormalities my disability has had no discernable effect upon my autonomic functions or on my mental and intellectual capabilities, my academic achievements and memberships, in the Gamma Omega chapter of Sigma Iota Rho, the international honors society for graduate students studying international relations, and the West Virginia chapter of Pi Gamma Mu[5], the international honors society for graduate level students studying the social sciences attest. Moreover, the slight dysfunction that characterizes my reflexes and coordination did not prevent me from achieving a second degree red belt in Soo Bahk Do Moo Duk Kwan karate.

As children growing up my sister and I were taught by our family who were and are devout Roman Catholics in the main that God sent Jesus into the world to serve humanity and to encourage people to seek a closer relationship with God through faith and service. We were reminded that Jesus served his fellow men and was not served by them and that his true purpose was to brng about the salvation of mankind by demonstrating God’s infinite, perfect, and unceasing love for humanity as noted in the Gospel of Matthew[6][7] and the Gospel of John[8], wherein Jesus called upon his disciples to love their fellow humans as he himself and by extension God loved them. My parents asserted that that as faithful Catholics we are called to love and serve our fellow human beings and our nation by using those gifts granted to us by God as highlighted in the admonitions contained in the Gospel of Matthew[9] and the Epistle of James[10] concerning the relationships between faith, conduct and service. While, I concede serving the nation and its citizens can and does take many forms including non-military, non-governmental, and non-legal occupations such as teaching, I must confess that I have never been drawn towards those fields.

I have always viewed military service as one of the noblest callings because, the service members daily confront the prospect of being called upon to enter into dangerous situations to safeguard the Republic and those principles on which it rests, protecting the people from oppression, repression and suppression by forces that would deprive the citizens of the United States of their inalienable rights and freedoms that are tenets of a free society in which all people are equal under the law becasuse, as Chief Justice of the United States, John Marshall wrote in Marbury v. Madison in 1803.

The Government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right, Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).

In an attempt to fulfill the obligations imposed upon me as a citizen of the United States of America and as a Roman Catholic I attempted to enter into military service on five separate occassions in 1996, 2000, 2003, 2006, and 2010 however, each time my efforts were met with contempt, disdain, derision, scorn and disbelief ftom the recruiters I approached, they refused to consider my case despite the fact that was is and is less severe than the case of Specialist John Hanson, who has been documented as having spastic diplegia a form of cerebal palsy that predominantly affects the lower extremities, he was permitted to enlist in 2010, see: (South Dakota State University 2011)[11] (Raybon 2010)[12] (Nedved 2010)[13]. History is replete with examples of people with disabilities serving with distinction in the Armed Forces of the United States. For example in the nineteenth century Albert Sidney Johnston rendered distinguished service to the military establishments of the Republic of Texas, the United States of America, and the Confederate States of America despite suffering a wound to his pelvis in the area of his right hip that caused Sciatic Nerve entrapment or impingement, (Anderson, Peace and Okun 2008)[14] (Roland 2001).[15] In the twentieth century Brigadier General Theodore Roosevelt Jr., served with distinction in the First World War, (Renehan, Jr. 1999).[16] Reccomissioned in 1940, Roosevelt participated in various roles during the Second World War but, his finest hour occurred during the D-Day landings when he personally coordinated the establishment of the lodgment on Utah Beach despite his cardiovascular condition and advanced arthritis which required him to use a cane, earning the Congressional Medal of Honor (Walker 2004).[17]

As I write this missive I am listening to the Memorial Day concert broadcast from Washington, DC and I am reminded that the Armed Forces of the United States, the National Guard of the United States and municipal law enforcement agencies find themselves engaged in a protracted struggle to preserve America’s principles from the threats posed by terrorists, fanatics, fundamentalists and criminals who espouse cultural, ethnic, political, religious and social views founded on intolerance and violence. These individuals advocate the wholesale and indiscriminate use of violence against their opponents and non-believers, especially innocent civilians. The actions of Terry Nichols, Yaakov Teitel, Ayman al-Zawahiri, the brothers Tsarnaev and others of their ilk represent a threat not only to the United States of America, but to the community of nations as a whole, because their ultimate aim is to extinguish or at the very least to dim the torch of Lady Liberty by engaging in activities designed to inspire terror, destablize governments, and ultimately restrain freedom. The task of ensuring that the efforts of the Republic and its administrations to secure the treasured peace, liberty and freedom enjoyed by Americans at home and abroad while simultaneously defending the national interests rests on the collective shoulders of the Armed Forces of the United States, the National Guard of the United States and law enforcement. The ongoing operations in Afghanistan, and Iraq in conjuction with the unprecedented effort to combat terrorism on a global scale have tested their adaptability, flexibility, resilence. Whether or not these efforts have adversely affected the ability, and capacities of the various institutions to accurately assess and rapidly respond appropriately to future threats remains an open question.

It is members of the military, national guard, and law enforcement which protects the legal and governmental structures ensuring that all Americans have equal protection under the law and who serve as a shield for the most vulnerable, and incapable of defending themselves and all they love from harm. I believe that the enjoyment of these fundamental priveliges and rights by every American is accompanied by a commensurate obligation which imposes a duty upon every citizen to exercise due diligence, assisting in any all efforts to secure and maintain Peace, Liberty, along with the Rights, Freedoms born from their union for succeeding generations of Americans. I urge all residents to remember that the priveliges accorded by citizenship are not free. Every entitlement enshrined within the Declaration of Independence and the Constitution of the United States must be actively, resolutely, and steadfastly defended. The prospects for the continuing sustainability, viability, and prosperity of the nation will endure for as long as the civilian population willingly and with due regard to the conscience of the individual continues to offer aid, comfort, and support to those who have undertaken to protect the United States from its enemies.

Even though I am fast approaching the age at which I can voluntarily enlist or be commissioned as an officer I would do so in an instant were I permitted, even though it is improbable I will ever be allowed to enter the services, I stand ready to serve if called upon by the United States. I would take up arms in defense of the nation willingly and with a glad heart. The Republic provided a refuge to my ancestors who immigrated to North America in search of a new beginning free from the conflict, intolerance, poverty, and turmoil that afflicted their homelands. Moreover, the United States of America is the only nation that willingly affords and offers disabled people like myself a real chance to achieve full lives regardless of our disabilities. No other nation within the international community can legitimately claim to offer the same degree of opportunities or number of avenues open to the disabled as they attempt to satisfy those needs that are a prerequisite for a high quality and standard of living.

It is the courageous and selfless sacrifices made by the military, national guard and law enforcement personnel, which, have secured the blessings of liberty over the last two centuries. These noble individuals continue their unceasing efforts to maintain our freedoms, and to establish a peace for future generations that is sustainable. I would, were I allowed, stand with them to defend all that I hold sacred and dear, willingly sacrificing all that I possess to secure for my nephew, and my fiancée’s niece and nephew a durable peace free from the horrors of conflict, fear, terror, violence and war.[18]

For the foregoing reasons I respectfully urge and encourage the President, the Congress, the Department of Defense, and the Joint Chiefs of Staff to review the medical requirements for enlistment and commissioning. There are many people including myself who desire, wish, yearn, and hope to follow in the footsteps of Army Specialist John Hanson who are capable of serving their country as members of the Armed Forces of the United States or National Guard despite having disabilities. However, as the medical requirements now stand many skilled individuals who could potentially strengthen the services and who possess a clear and demonstrable aptitude towards service are being denied even a review of their individual cases.

It is my hope that this letter demonstrates to all who may read it, that my sole desire is the endurance enrichment of armed forces, national guard and law enforcement because, their strength assures that the United States of American remains a herald of justice and a bulwark against tyranny. God Bless the United States of America!

Respectfully,

Nathan Joseph Zimmermann





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[1] In this instance the term “united nations” refers to the non-colloquial term given to those nations that aligned themselves with United States, the United Kingdom, the Soviet Union and the Republic of China to oppose the members of the Tripartite Pact led by Germany, Italy, and Japan during the Second World War, See: Shotwell, James Thomson. The Great Decision. First Edition. Vol. One. One vols. New York City, New York: Macmillan, 1945, p. 44.

[2] Kroeber, Alfred Louis, Clyde Kluckhohn, Wayne W. Untereiner, and Alfred G. Meyer. Culture: A Critical Review of Concepts and Definitions. First Edition. Vol. One. One vols. New York City, New York: Vintage Books, 1952, p. 355 et seq., while not explicitly defining meta-culture as concept, Kroeber and his colleagues infer the existence and validity of such a phenomenon.

[3] Hand, Billings Learned. The Spirit of Liberty: The Papers and Addresses of Learned Hand. Third Revised Expanded Edition. Edited by Irving Dillard. Vol. One. One vols. New York City, New York: A.A. Knopf, 1960, p. 189-191.

[4] Kennedy, John Fitzgerald. "Address before the Eighteenth General Assembly Plenary of the United Nations." New York City, New York, September 20, 1963.

[5] My membership in the West Virginia Chapter of Pi Gamma Mu stems from the fact that I attend American Military University which has its headquarters in Charles Town, West Virginia.

[6] All references to the Scriptures refer to the New Testament of the New American Bible Revised Edition (NABRE) (1986).

[7] Matt. 22:36-40

[8] Jn. 13:34-35 and Jn. 15: 12-17

[9] Matt. 25:31-46

[10] Jas. 1:19-27 and Jas. 2:14-26

[11] South Dakota State University. "Persistence pays off for SDSU grad serving in Afghanistan." SDSU News. South Dakota State Communications Center. August 9, 2011. http://www.sdstate.edu/news/featurestories/hanson.cfm (accessed May 20, 2013).

[12] Raybon, Susy. "Spc. John Hanson fulfills dream of becoming a soldier." Examiner.com. Examiner.com. September 22, 2010. http://www.examiner.com/article/spc-john-hanson-fulfills-dream-of-becoming-a-soldier (accessed May 18, 2013).

[13]Nedved, Army Sergeant Matthew. "Face of Defense: Guardsman Beats Odds to Serve." Edited by Task Force Rushmore Public Affairs. (United States Department of Defense: American Forces Press Service) August 2010.

[14] Anderson, Jonathan, David Peace, and Michael S Okun. "Albert Sidney Johnston's sciatic dueling injury did not contribute to his death at the Battle of Shiloh." Edited by Michael Apuzzo. Neurosurgery (Lippincott Williams & Wilkins) 63, no. 6 (December 2008): 1192-1197.

[15] Roland, Charles Pierce. Albert Sidney Johnston: Soldier of Three Republics (1964). Revised Edition. Edited by Gary W. Gallagher. Vol. One. One vols. Lexington, Kentucky: The University Press of Kentucky, 2001.

[16] Renehan, Jr., Edward J. The Lion's Pride: Theodore Roosevelt and His Family in Peace and War. First Edition. Vol. One. One vols. New York City, New York: Oxford University Press, USA, 1999.

[17] Walker, Robert W. The Namesake: The Biography of Theodore Roosevelt, Jr. First Edition. Vol. One. One vols. New York City, New York: Brick Tower Press, 2004.

[18] Jn 15:13

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