The procedure for transferring to another military unit

Transfer to another military unit may be relevant for a serviceman for various reasons. And although the law provides for a fairly clear mechanism for such a transfer, the procedure itself is not easy. In order to do everything properly and get the desired result, it is worth enlisting the support of a specialist whose specialization is in the field of military law. If you need a military lawyer, you will meet him or her in the team of the Prikhodko & Partners Law Firm. We provide quality assistance to our clients in this area, working for the result, and have enough successful cases regarding the transfer of a serviceman from one military unit to another.

Grounds for transfer to another military unit

In order for a transfer to take place, there must be a proper reason for it. These grounds include:

1. A conclusion stated in the service characterization. It may be that the competencies and personal qualities of a particular serviceman are more favorable for performing the tasks of service in another unit. However, there must also be interest in him/her. For a transfer to take place, it must be agreed upon between both units – the one from which the serviceman is being transferred and the one to which he is being transferred.
2. Organizational measures or service necessity. This ground is quite complicated, so if you need a more detailed explanation, the lawyers of our law firm will answer your questions.
3. Health condition. There may be a situation when it will be more favorable for the health of a serviceman to serve in another area. Or if he or she occasionally undergoes medical procedures in a facility that is far from the place of service. In this case, it would be a rational decision to transfer to a closer unit, if they are willing to accept him.
4. Family circumstances. This can be a situation where a military person, for example, does not want to leave the service to care for a disabled spouse or parent, but needs to serve in a unit that is closer to them. This can be a good option when you need to take care of loved ones who need care.

Thus, you need to have a reason to transfer. But this is not the only circumstance that is necessary to make it happen.

Key conditions for transferring to another unit

When we talk about such conditions, there are 3 main points:

• Good will of the commander. Since it is the commander who has to sign the transfer report, you need to make sure that he is not against it.
• The existence of a reason. This means one of the reasons from the list above.
• Relationship with the military unit where you are ready to be accepted. Even if a soldier wants to transfer, and the command is ready to let him go, this is not enough to ensure a positive outcome. In such a situation, there must be a clear answer to the question “Where?” This means that the unit to which the serviceman wants to transfer must have an objective need for a professional of the relevant military specialty.

As you can see, the procedure is not simple. Therefore, it is good to get high-quality legal support from a specialist who can effectively help with the transfer.

The transfer mechanism

To get a complete picture, it is also worth familiarizing yourself with how the transfer takes place. So, when a soldier is transferred between different operational commands, units or formations, orders are required from the officials in charge of such units.

There are also situations when a military is transferred between different branches of the Armed Forces. In such cases, the mechanism is more serious, as an order from the Commander-in-Chief is required. And if the units belong to different branches and types of troops, the transfer of a serviceman between them requires a corresponding order authorized to be signed by the head of the MoD personnel service.

Legal support for transfer to another unit

The lawyers of Prikhodko & Partners Law Firm provide a wide range of services in the field of military law. These include:

Consultation. During the consultation, a lawyer will get acquainted with your situation, and you will receive answers to your questions. You can get a consultation both in our office and online by phone or video.

Legal support in interaction with military and government officials. When the client’s rights are represented in such communication by a reliable legal practitioner, it significantly increases the likelihood of a positive outcome.

Representation in court. If other legal instruments have not worked, there is a clear and proven method of influencing the situation – going to court. Our team has extensive experience in this area and many successful cases under its belt.

So don’t hesitate to contact us. We will thoroughly analyze your situation, assess its prospects, and, based on this, develop a plan of further action.