Discharge of a Service Member from Service Following the Determination of a Group III Disability

Case Summary

A serviceman contacted LLC «PRAVOVYI LIDER» after being mobilized despite an unsatisfactory health condition.

During long-term legal support, the main task was to protect his rights, ensure proper consideration of his health condition, and support the procedures necessary to resolve the issue of his further military service.

In the course of the support, the client was assigned a group III disability, which became an important basis for resolving the issue of his discharge from military service.

Client’s Problem

The main problem was that the client continued to perform military service despite significant health problems.

To exercise the right to discharge, it was necessary to properly confirm the health condition, undergo the relevant procedures, and ensure that the military unit took into account the documents on the established disability.

The situation required long-term legal support and interaction with competent authorities for the actual implementation of the client’s right to discharge.

What the Lawyers Did

The lawyers of LLC «PRAVOVYI LIDER» provided comprehensive legal support to the client and monitored the completion of the necessary procedures.

During the support, the lawyers:

• analyzed the circumstances of mobilization and documents regarding the client’s health condition;
• formed a legal position to protect the serviceman’s rights;
• prepared the necessary appeals to competent authorities;
• provided support for procedures related to confirming the health condition;
• provided legal support during the assignment of a group III disability to the client;
• carried out further legal work to implement the client’s right to discharge from military service;
• maintained interaction with representatives of competent authorities, including the Office of the Military Ombudsman.

Result

As a result of the work carried out, a decision was made to discharge the client from military service due to his health condition in connection with the presence of a disability.

According to the extract from the order of the commander of the military unit, the client was discharged from military service to the reserve on the basis of paragraph 2 of part four of Article 26 of the Law of Ukraine «On Military Duty and Military Service».

After the order was issued, the client was removed from the personnel lists of the military unit and from all types of allowance.

The order also provided for proper final settlements upon discharge, including payment of monetary allowance, compensation for unused days of annual basic leave, and other prescribed payments.

Thanks to the long-term and comprehensive legal support of LLC «PRAVOVYI LIDER», it was possible to complete the discharge procedure for the serviceman, who was assigned a group III disability during the support, and ensure the implementation of his legal right to terminate military service due to his health condition.

Official Documents

The case involved medical documents regarding the client’s health condition, documents on the assignment of a group III disability, appeals to competent authorities, and an extract from the order of the commander of the military unit on discharging the client and removing him from the personnel lists.

Extract from the order on discharge from military service