Dismissal from military service due to health

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Lobunko Michael

Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Dismissal from military service due to health

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Dismissal from military service due to health is one of the legal grounds for termination of military service relations. After all, in the conditions of war, the health of servicemen can change due to acquired diseases or exacerbation of chronic ones, as well as due to receiving various degrees of injuries.

It is clear that in such conditions it is impossible to continue the service and it is necessary to resign from it.

Grounds for dismissal from military service

Dismissal from military service due to health is carried out on the basis of a conclusion (resolution) of the Military Medical Commission (MMC) on unfitness for military service. That is, the specified document is the main one in this situation, which allows dismissal.

The Military Medical Commission may declare a serviceman unfit for military service due to his health for the following reasons:

  • Temporary unfitness for military service. In this case, the serviceman may be released from military service for a period of up to one year.
  • Permanent unsuitability for military service. In this case, the serviceman is dismissed from military service indefinitely.

The procedure for dismissal from military service due to the state of health

A military serviceman who believes that he is unfit for military service due to his health condition can apply to the Military Medical Commission (MMC) with a report on conducting a medical examination.

 

The Military Medical Commission conducts a medical examination of a serviceman and determines his suitability for military service. If a serviceman is recognized as unfit for military service due to his health or temporarily unfit, the Military Medical Commission issues a conclusion (resolution) on his unfitness for military service. On the basis of the conclusion of unfitness, the serviceman must submit a report to the commander on dismissal from service due to health.

Based on the results of consideration of the specified report, a dismissal order is issued.

Protection of the rights of military personnel

A military serviceman who disagrees with the conclusion (resolution) of the Military Medical Commission on unfitness for military service has the right to appeal this conclusion (resolution) to the higher Military Medical Commission.

 

And how in practice?

In practice, it can be problematic to resign from service on the specified grounds. One of the obstacles is getting a referral to the Military Medical Commission. Reports of a military officer referring him to the Military Medical Commission to determine his state of health are often ignored, or the military does not agree with the conclusion of the Military Medical Commission. In this case, it is necessary to make maximum efforts to ensure that the submitted reports are considered on time. This can be done with the help of a lawyer, who will not only help in drawing up reports to the military unit, but also, if necessary, monitor the progress of their review.

It should be remembered that the protection of violated rights depends solely on the desire to protect them. And the company's lawyers will help with this.

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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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