Legal advice: Procedure for dismissal from military service

What is a serviceman entitled to upon dismissal? Any serviceman thinking about dismissal asks the question: “What am I entitled to upon dismissal?” Let's look at this issue in more detail.

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What diseases serve as grounds for termination of service?

According to the above Resolution No. 565, each type of disease corresponds to a certain fitness category. We list possible diagnoses that impede service in the table.

The above list reflects only part of the possible deviations in health status; in this document it is much broader.

Impaired health is not always accompanied by complete exclusion from military service. In some cases, when group B is assigned, it may be temporary for a period of treatment followed by resumption of service in the army.

Conditions allowing for dismissal due to deterioration of a serviceman's health:

• Symptoms of the disease appear regularly;
• A medical specialist identifies a significant disorder of body functions;
• The presence of chronic diseases requiring regular treatment;
• A serviceman has been on sick leave for more than 4 months in a row.

A citizen serving in the army has the right to retire from the armed forces due to illness, provided that he is found to be of limited fitness, but is not required to do so.

Procedure for termination of service due to deterioration of health

Military affairs, as a specific type of activity, leaves its mark on the process of formalizing termination of service. The list of stages that includes dismissal from military service is as follows:

• Undergoing treatment and subsequent medical examination;
• Obtaining a conclusion from a medical commission based on the examination and medical history;
• Drawing up a special protocol in case of impossibility of further service;
• Drawing up and submitting a dismissal report to the commander;
• The commander holding a personal meeting with the serviceman;
• Issuance of an administrative document on termination of service.

A serviceman leaves the armed forces only on his own initiative. Exempting him from military duty on the initiative of the command during a period of illness is unacceptable.

How is the medical examination of a military personnel carried out?

After undergoing medical examination, or receiving an injury or serious illness, the serviceman is sent for a medical examination. During the work of the medical commission, the following are examined:

• The general condition of the patient and his examination is carried out in accordance with the available indications;
• Documents about prescribed treatment, previous diagnoses;
• Lab tests;
• State of mind.

A decision to limit the possibility of serving is made only if the disease cannot be cured even after a long course of medical procedures. Based on the results of the examination, the commission issues a written medical report to which all the results of the research are attached.

How is a dismissal report prepared?

Expert opinion

Kuzmin Maxim Petrovich

Lawyer with 8 years of experience. Specializes in criminal law. Recognized legal expert.

The legislation does not establish a clear form for the report on leaving service. It is drawn up in free form, but must contain a certain list of information:

• Rank, full name of the commander to whom it was sent;
• Document's name;
• Military personnel identification data;
• Circumstances serving as the reason for termination of service;
• List of supporting documents;
• Indication of legal norms permitting dismissal;
• Request to transfer the case to the military registration and enlistment office at the place of future residence;
• Information about the availability of housing and, if necessary, a request for a military mortgage;
• Date of compilation and signature of the person who wrote it.

A retiring serviceman, if he has served for 10 years or more, is required to provide housing in the region of his choice. In addition, he has the right to use a personal savings account in accordance with the regulations on military mortgages.

How is a personal conversation between a commander and a soldier conducted?

If the commander considers it possible to satisfy the desire of a subordinate, he is obliged to invite him for a personal conversation. The questions discussed during the meeting and the answers to them should be recorded in a special form. Representatives of legal, human resources, and accounting departments may be present during the communication. The form of the conversation questionnaire indicates:

• Reason for termination of service;
• Number of years of service;
• Diagnosis and conclusion given by the medical board;
• The fact of the presence or absence of housing;
• Requests from a soldier.

All persons present during the discussion must sign the completed form. After this, the commander issues a notice for dismissal, to which is attached a sheet of conversation and a conclusion. If the person conducting the interview has the right to issue a dismissal order, he draws it up; if a higher commander has such authority, the papers are sent to him.

Procedure

When dismissing a military man from a contract, he must be warned about the expiration of the document.

Before this, the commander of the unit in which the citizen serves is obliged to:

1. Identify the possibility of contract extension. When resolving this issue, it is necessary to take into account such factors as the state of the employee’s physical and mental health, the availability of living space, and so on.
2. After making a decision, redirect the documents in the form of the employee’s personal file to the special office. the body in which the years of service will be counted.
3. If necessary, refer the person for a medical examination or examination.
4. Provide the serviceman with regular or additional leave.

4 months before dismissal, a final certification of the military man must be carried out, and after another month he is interviewed, where possible options for the development of events are reported.

Documentation

When dismissing or resigning a military personnel, there must be a written document in the prescribed forms. It must have the signatures of several persons, as well as the unit commander.

The following is also included with the paper:

• a photocopy of the sheet drawn up during the conversation with the military man;
• a photocopy of the sheet with the certification results;
• dismissal report.

If necessary, the package of documents may include a copy of the document from the military medical commission. The listed papers must be sent to the military personnel department two months before the dismissal procedure.

Sample report

If there are grounds for resigning, a military man can submit a report to his superiors (command).

At the same time, in accordance with the rights of soldiers to resign at their own request, the command must satisfy the report. In fact, the report is a written report to superiors about the fulfillment of their obligations and a request for dismissal.

The command carries out the dismissal procedure without a report if the military man’s consent is not required and his appointment to a new position is not envisaged.

In all other cases, it is possible to formalize the dismissal procedure only if there is a report and other documents, if necessary.

What should be paid to a military personnel upon dismissal?

Like other categories of workers or employees, military personnel are entitled to full payment . In any case, the resigning person is issued:

• Salary for the last month of service;
• Compensation for unused vacation;
• Sick leave;
• Bonuses, allowances and other payments in accordance with the law.

If a serviceman has alimony obligations, then they are withheld.

In addition to standard payments, due to the specific nature of the activity, as well as the circumstances of dismissal, a serviceman may be entitled to additional monetary benefits . They may be related:

• With the occurrence of disability while in the army;
• With the number of years of service;
• With the title of resigning;
• With the status of a military personnel (pensioner, citizen of pre-retirement age, serving under a contract);
• With a lack of benefits during the period of service.

Conditional additional payments can be divided into:

• One-time: For less than 20 years of experience – double salary;
• If the length of service is more than 20 years - seven official salaries;
• Availability of awards - 1 additional salary;

• Appointed for a certain period, for example, if a dismissed person has reached pre-retirement age, payments are made to him until retirement (20 years of service or 25 years of total experience).

Care due to illness is not considered a negative reason and does not carry any negative consequences for a former military personnel.

What other guarantees are there for those discharged from military service?

For military pensioners, preferential free travel on transport and extraordinary medical care . In addition, those transferred to the reserve are entitled to:

• Advantages when hiring;
• Including the period of service in the total length of service;
• Providing preferential terms for mortgage lending;
• Possibility of sanatorium-resort treatment;
• Additional guarantees of job security during company reorganization.

The purpose of introducing such privileges is to ensure the fastest possible adaptation of the military personnel to civilian life.

Although dismissal from the armed forces due to illness is more labor-intensive than a similar procedure in a civilian enterprise, social support measures guaranteed in the future smooth out the difficulties that arise.

The procedure for retiring a military personnel for health reasons differs from terminating a contract for other reasons. Certain diseases make it impossible to perform military duties. Early departure from service provides the right to take advantage of the required social guarantees and benefits.

List of diseases for which dismissal from military service

Diseases that are grounds for the dismissal of a military man are enshrined in Decree of the Government of the Russian Federation No. 565 “On approval of the Regulations on military medical examination.”

• Heart dysfunction, pressure changes.
• Diseases of the nervous system, malfunction of the limbs.
• Problems with the musculoskeletal system that limit the fighter’s mobility.
• Acute and chronic diseases of the respiratory organs.
• Mental and psychosomatic disorders.
• Venereal diseases.
• HIV infection.
• Confirmed diagnosis of tuberculosis.
• Skin diseases.

Depending on the state of health, an employee may be assigned one or another category:

1. A – good.
2. B – suitable with minor restrictions.
3. B – partially valid.
4. G – temporarily unsuitable.
5. D – not suitable.

Receipt by military personnel of category “B” or “D” allows you to retire early for health reasons and receive due payments.

• Category “D” is assigned to military personnel who are completely unfit for military service. The assignment of a disability group and the amount of compensation depend on the severity of the injury or illness. Each case is considered by the commission individually.
• Category “B” is assigned to military personnel who are partially suitable for further service, limiting job responsibilities. Compensation is paid in case of loss of health through no fault of the employee. If you have insurance, insurance payments are made.

Dismissal is mandatory for health limitations with category “B” in these cases:

• the position can be held by persons with the rank of “foreman” or “chief foreman” and below;
• This is an emergency service.

Are there benefits for those discharged due to illness from the Armed Forces?

According to the Federal Law “On the Status of Military Personnel” No. 76-FZ, there are one-time payments and benefits. The amount and number of refunds depend on:

1. positions;
2. ranks;
3. length of service;
4. assignment of disability and group;
5. unrealized subsidies and benefits during the service period.

Free services are provided in the following areas:

• medical care;
• spa treatment;
• travel by public transport.

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Procedure: how to resign from the army for a military man serving under a contract?

The commission procedure is based on Federal Law No. 53-FZ, Art. 51. Dismissal procedure:

• Examination in a military hospital to obtain a certificate from a military medical commission based on information about the course of the disease.
• Drawing up an appropriate protocol if further military service is impossible.
• Drawing up a report by the military personnel and submitting it to the commander of the military unit.
• Conducting a personal conversation between the commander and the serviceman.
• Issuance of an order from the commander of a military unit on termination of service.

Legislative aspect of dismissal of a military man

An ordinary employee has the right to terminate the employment relationship at his own request.
A serviceman can resign from the army only on certain grounds regulated by certain norms of the current legislation. An exhaustive list of possible reasons for the departure of a citizen of the Russian Federation from the ranks of the armed forces is established by Article 51 of Law No. 53-FZ of March 28, 1998. One of these grounds is considered to be an inappropriate state of human health, identified by a military medical (medical) commission. The possibility of dismissing a serviceman for this reason is stipulated by subparagraphs “c” and “d” of paragraph 1 of Article 51 of the above-mentioned Law No. 53-FZ.

https://www.youtube.com/watch?v=XUKx_M9DtF4

Another regulatory legal act - Decree of the President of the Russian Federation No. 1237 of September 16, 1999 - clearly defines the inadmissibility of military service for persons suffering from specific diseases.

Subparagraphs “c” and “d” of paragraph 3 of Article 34 of this Decree stipulate that poor health may become grounds for a citizen’s dismissal from the army. In this case, the unfitness of a person for further military service is established by a military medical (medical) commission.

The procedure for the activities of the military medical commission (examination), its duties and powers are regulated by Decree of the Government of the Russian Federation No. 565 of 07/04/2013. This Resolution provides for the need to conduct a medical examination and examination of military personnel (citizens) under the following typical circumstances:

• initial enrollment of a citizen in military registration;
• entry of an individual into military service (under contract, conscription);
• visiting a military educational institution (upon admission);
• military training;
• performing military service (medical examinations are performed periodically, as well as when a serviceman complains of deteriorating health);
• a military personnel receiving an injury or other illness;
• other cases specified by the Resolution.

Upon completion of such a medical examination, the citizen is issued a corresponding certificate. This document establishes the suitability of a person for military service or the need for his removal from the armed forces. The basis for this or that conclusion is the state of health of the serviceman, verified by a military medical examination.

What should be in the specification and in other documents?

Documents required for a military personnel upon dismissal from military service due to health reasons:

Service characteristics. The document must indicate:

The service description is signed by the commander of the military unit. Referral for examination. Indicated:

• rank;
• part number;
• Full Name;
• year of birth;
• month and year of conscription or entry into military service under a contract;
• purposes of examination and preliminary diagnosis.

The information specified in the medical characteristics must be confirmed by data from the medical record book and other medical documents.

• report on the dismissal of a serviceman for health reasons
• report on the dismissal of a serviceman for health reasons

Calculation of military disability pension

Final compensation payments after receiving military injuries:

All payments to disabled persons due to military injury can be made in a lump sum or made monthly on certain dates. Military personnel receive a one-time compensation payment upon transfer to the reserve, in case of a serious deterioration in physical health. The official calculation of military disability pension depends on a number of factors. Its size may vary according to the assignment to a specific group. Let's highlight several categories:

• warrant officers and midshipmen with the first disability group can apply for a pension in the amount of sixteen thousand three hundred and sixty-one rubles and kopecks;
• for the second group - eight thousand one hundred eighty rubles;
• on the third - three thousand two hundred seventy-two rubles.

Pension-type payments are made, which are intended for military personnel after they have passed a special commission and established the fact of disability due to a serious injury. A pension for military injuries is provided to the Ministry of Internal Affairs according to a similar scheme.

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How to receive insurance and other payments and compensation?

To confirm receipt of funds and social assistance, you will need to provide a list of documents, which may vary depending on:

1. type of compensation;
2. disability groups;
3. pensions.

• Military ID.
• Passport details of all family members.
• A document from MSEC confirming injury while performing military duties.
• Certificate from the child’s educational institution.
• Death certificate - in case of death of a military personnel.

The list of documents is transferred at the place of residence to the military commissariat.

How is military injury considered and paid?

• A military injury is damage caused to the health of a person performing military or official duties, received during the performance of official duties. This also includes the exacerbation of existing health problems during service.
• If a certain illness or harm is in no way related to military duty, arose due to other factors (colds, infectious diseases, etc.), and its occurrence is correlated with the period of performance of official duties, then this harm will not be considered a military injury.
• If an authorized employee becomes disabled as a result of a military injury and becomes unfit to perform professional duties in the armed forces, then he is entitled to a lump sum payment and a mandatory monthly payment called a disability pension due to a military injury, the amount of which varies depending on the group assigned to him. disability. Benefits for military injuries are as follows: medical care without payment, discounted medications, vouchers to sanatoriums and resorts. Also, relatives of a military man who died while on duty are entitled to receive a monthly pension due to the loss of a breadwinner. The amount of all payments is indexed annually, subsequently to inflation.
• If a military employee is discharged after being injured in service, he is entitled to a special payment called “reimbursement of lost earnings.” In case of a controversial situation, legal assistance to military personnel from our lawyer on military issues.
• In case of damage to health during military service or being at military training not related to the performance of service, the damage is also covered by compensation, the amount of which varies depending on the severity and extent of the damage incurred.
• If a serviceman dies due to illness while performing his civic duty, his relatives have an absolute right to financial compensation - an amount that will be distributed equally among relatives. But if more than a year has passed since leaving service, then relatives are not entitled to this compensation.

Commission deadlines

The period of sick leave for each military personnel is individual. The minimum period of stay in a medical institution is 30 days.

If a medical examination is not required, the employee receives a conclusion on the day of the examination. The results are transmitted to the unit within 5 days. If additional consideration is necessary, the period may be extended.

If the commissioning process is delayed for 2–3 months, you should contact the commander to find out the reason. If the results are unsatisfactory, you need to file a complaint addressed to the commander or management of the medical institution, then you can file a complaint with the military prosecutor’s office or go to court.

The process of commissioning from the ranks of the Armed Forces is regulated by legislative acts and does not cause any special problems for the employee. Compliance with a special procedure when dismissing a military personnel for health reasons is necessary due to the specifics of military duties.

Dismissal from the army occurs only for serious reasons. Federal law regulates this issue.

If you study it in more detail, you can find out which categories of military personnel are subject to dismissal. Every person serving in the army on a contract basis has the right to leave his position in the reserve or completely leave the service on a voluntary basis or for health reasons.

So how does a military personnel leave due to illness?

• 1 List of diseases
• 2 How to resign for health reasons: procedure
• 3 How to write a report correctly?
• 4 What is a serviceman entitled to? 4.1 Category B (limited use)
• 4.2 Category D (unfit)

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List of diseases

For all military citizens, the procedure for dismissal from military service has a clear mechanism regulated by the current legislation of the Russian Federation. First, you should study some important points regarding the issues of dismissal of military personnel.

This makes it possible to avoid misunderstandings in the future. It should be noted that in order to be dismissed due to deteriorating health, all persons serving in the army must draw up a corresponding report and submit it to their commander.

According to the Federal Law, military personnel are dismissed from service in the following cases:

• if the citizen has reached the age limit for holding his previous position;
• if the term of service under a contract or conscription has expired;
• The soldier has serious health problems. However, in such a situation, only a military medical commission can recognize its unsuitability;
• Dismissal is possible based on the testimony of members of the military medical commission. In this case, persons who serve in the army under a contract are exempt from their positions;
• a person may lose his job if he was deprived of his military rank;
• dismissal from office by a court verdict in connection with the sentencing of a citizen to imprisonment for a certain number of years.

Terminating a contract with a subordinate due to unsatisfactory health requires knowledge of some important features. Moreover, all compensation payments are returned to the employee only if certain conditions are met.

Raising the issue of transfer or deprivation of a particular citizen of a position is carried out only in case of serious illnesses, acute or chronic. Many people serving in the army are interested in what is the list of diseases for dismissal from military service under a contract?

The list of ailments is as follows:

• any serious disease of the nervous system, which has had a tremendous impact on the functioning of the upper and lower extremities. Pathologies of this nature cause damage to health, which is why there are disruptions in the functionality of the human musculoskeletal system;
• diseases of the heart and blood vessels. This includes blood pressure disorders;
• psoriasis can also lead to discharge from the army.

Infectious diseases:

• mycoses - a disease that is provoked by infection with parasitic fungi;
• tuberculosis is a serious damage to the respiratory system, which can later spread to other important components of the human body;
• syphilis is a chronic disease that is transmitted sexually (the consequences of the disease can be very dire);
• HIV (human immunodeficiency virus) is a serious illness that is accompanied by slow damage to the immune system and subsequently leads to the patient’s body being unable to protect itself from any dangerous pathologies;
• leprosy is a chronic disease that gradually affects and destroys the skin, after which it spreads to the nervous system.

Expert opinion

Kuzmin Maxim Petrovich

Lawyer with 8 years of experience. Specializes in criminal law. Recognized legal expert.

Diseases of the musculoskeletal system: disc herniation (intervertebral hernia) and other diseases that significantly limit the performance of official duties of a military personnel.

Pathologies of the endocrine system and ailments caused by poor nutrition and other important metabolic disorders:

• obesity;
• diabetes mellitus is a disease that leads to insulin deficiency in the human body;
• Gout is a disease in which urate crystals accumulate, leading to serious metabolic problems.

Neoplasms:

• malignant tumors that gradually affect other important human organs and systems (melanoma);
• Benign cancers that do not interfere with the normal functioning of other organs.

Pathologies that negatively affect the functioning of the circulatory system are as follows:

• leukopenia is a disease that reduces the production of blood cells;
• all types of anemia - this disease significantly reduces the concentration of hemoglobin in the circulatory system;
• hemophilia is a disease in which there is a significant minimization of the production of blood cells that promote blood clotting;
• blood pathologies of various kinds , which cause enormous harm to the human immune system.

Diseases of the respiratory system (bullous pulmonary disease). Ailments that are associated with a significant deterioration in eye functionality. This includes strabismus, complete blindness, glaucoma, myopia and farsightedness.

How to resign for health reasons: procedure

The dismissal procedure is as follows:

• Initially, the serviceman must undergo a medical examination at his military unit. If he wants to leave the army of his own free will due to poor health, then he must obtain medical documentation. After the examination, the doctor will display the real state of the person’s health. This alone is the reason why a particular citizen can be dismissed from the RF Armed Forces;
• the next step is a conversation with the command. After the subject has received a doctor's note stating that his medical condition does not meet the needs of military status, he should contact management;
• then a report is drawn up. Based on this document, the citizen will be dismissed within the next thirty days;
• after this, the commander of the structural unit where a particular person is serving publishes an order to remove the authority from the person.

How to write a report correctly?

Current legislation does not establish clear requirements regarding the preparation of a report, but there are certain rules:

• the report is written on a white sheet of standard A4 format;
• First of all, you need to fill out the cap. Basic information about the serviceman and the recipient is listed here. It is also recommended to put your date of birth and the estimated date of actual removal from office in the header of the report;
• You still need to indicate the reason for dismissal. In the document, the person must write down the illness that led to his leaving his previous position;
• after this, it is necessary to prescribe articles of specific standards that allow leaving service due to unsatisfactory health conditions.

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What is a serviceman entitled to?

A person may qualify for benefits, compensation and payments to military personnel upon dismissal for health reasons. Typically, one-time assistance is provided, the amount of which depends on the total number of years of work experience.

Persons who are discharged from the army due to serious illness are entitled to payments for loss of legal capacity and retirement.

Payments include:

• the amount of money accrued over the last thirty days;
• payment for annual paid leave not taken off;
• compensation for certificates of incapacity;
• accruals for length of service, bonuses.

Category B (limited validity)

This category is working, but the leadership limits the serviceman’s obligations.

In other words, a citizen has the right to fulfill those obligations that are allowed to him by military doctors.

The issue of receiving compensation payments is relevant if an injury that led to a serious illness was received while performing one’s official duties.

Category D (unfit)

It is established only when serious health problems have been identified. In this case, one of the disability groups may be assigned. Upon dismissal, payments are standard. If a person is injured on the job, the amount of compensation is determined on an individual basis.

Additional benefits for retired military personnel

More than 10 years ago, the Constitutional Court adopted Resolution No. 187, according to which it is necessary to ensure compliance with the social rights that are due to military pensioners working on a contractual basis. Social rights mean the mandatory accrual of a military pension, the right to the insurance part of the pension based on insurance premiums, which are displayed on the personal pension account of each military personnel. This decision of the Constitutional Court caused corresponding changes, which today are reflected in the regulatory legal acts of the Russian Federation regarding the issues of providing for pensioners.

Military personnel are entitled to two pensions if they have insurance coverage

Therefore, today, military personnel (they do not include sailors and soldiers) who have reached the required number of years for retirement, as well as those who have a certain insurance period, in addition to the long service pension, receive additional old-age payments.

It is worth considering that if the reason for dismissal is a serious injury or illness acquired during military service, the military retains the right to a medical examination and hospital treatment. If a citizen was fired due to health problems without retaining his pension, then for 1 year a benefit must be paid every month in the amount of wages, which depends on military rank.

If the discharged serviceman did not have a pension, he is assigned a benefit

Grounds for dismissal due to health reasons

You can leave military service for health reasons for reasons set forth in Article 51 of the Federal Law on Military Service No. 53 03/28/1998:

1. Declaring a serviceman unfit for military service.
2. Recognition of a soldier, sailor or conscript as being of limited fitness.

Only a specially created commission, in accordance with the law (Government Decree No. 565, July 4, 2013), can recognize an officer or soldier as fit or unfit for service.

Registration procedure

In order for a soldier with health problems to leave work, he will need to undergo a medical examination, which recognizes his unfitness for further service, wait for the conclusion of the Military Medical Commission, and then draw up a report.

After all the documents and the report have been reviewed by the commander, he must also personally talk with the employee. Based on the conversation, a sheet is drawn up, which is attached to the military personnel’s personal file and along with this, the minutes of the meeting of the Higher Attestation Commission are filed, which confirms the unfitness to serve due to health problems.

In order to leave service for health reasons, you will have to undergo a medical examination

A personal conversation with the resigning citizen must be carried out before the moment when the Military Military Commission transmits its decision regarding this person to the military unit.

At the end of the conversation, the commander accepts the order to dismiss the person liable for military service.

A military man who is on contract is dismissed for reasons of health problems on the same basis as a citizen of state military units.

All personal files of retired citizens are sent to the military registration and enlistment office, where they are subject to registration and remain stored for several years.

Personal files of retired military personnel are sent to the military registration and enlistment office