DISMISSAL FROM MILITARY SERVICE DUE TO HEALTH CONDITIONS DURING MARTIAL STATUS

One of the grounds for dismissal from military service of persons called up for military service during mobilization, during martial law, is the above-mentioned grounds for dismissal due to health. In fact, a complete comprehensive list of such exceptions to military service is contained in Article 26 of the Law of Ukraine "On Military Duty and Military Service".

This issue is quite relevant given the fact that recently it is quite common for servicemen to apply for dismissal due to ill health, health disorders and established diagnoses.

It seemed that the deterioration of the state of health is a completely logical and well-founded reason for the termination of military duty, however, some points still require some clarification. First, it must be remembered that diagnoses for unfitness in peacetime and wartime are different. Therefore, it follows that if a serviceman is unfit for service in accordance with the provisions of the law in peacetime, then during martial law he may be limited in his fitness and, as a result, will not have grounds for discharge.

There are also cases when unfitness for military service or limited fitness is determined individually. This should be taken into account.

In addition, many believe that any medical certificate from a private clinic is sufficient to establish a diagnosis of unfitness. However, it is important to note that in order to establish a diagnosis, which can be grounds for dismissal, a military serviceman must pass a military medical board (MBL). It is this commission that is authorized to establish fitness, limited fitness, or unfitness for military service, which is stated in its conclusion drawn up in the prescribed form in accordance with the requirements of the law.

In turn, a corresponding mark is also made in the military ticket, based on the disorders and diseases listed in Order № 402 dated August 14, 2008. However, we would like to emphasize that the list of diseases, on the basis of which it is possible to be dismissed from service during martial law, is somewhat narrowed, in contrast to a similar situation in peacetime.

Therefore, in order to be released, a serviceman must first submit a report on passing the military medical commission. Next, after the military medical commission in its conclusion indicates unfitness, the serviceman must submit to the commander of the military unit a report and documents confirming the grounds for dismissal (the conclusion of the military medical commission). Only after completing the specified procedure, a serviceman can be released from military service on the basis of health.

However, unfortunately, in practice there are cases when the conclusion of the military medical commission is only formal in content and does not completely correspond to reality. Therefore, even in the presence of the necessary certificates about a critical state of health, a serviceman may be refused acceptance of a report on discharge from military service or may be refused consideration.

In such a case, the law provides an opportunity to appeal the conclusion of the military medical commission to the Central Committee if the serviceman does not agree with its content.

So, the main aspects of dismissal from military service due to health during martial law were considered in the article. In case of doubt regarding the conclusion of the military medical commission, we advise you to seek advice from a specialist in military law, who will investigate your question in detail and be able to provide professional advice.

And also, if you need help in sending a report for passing the military medical commission, and in a report for discharge from military service due to health, we will gladly help you write a qualified report, doubling your chances of discharge.