Does a disabled person of the third group have the right to resign from service

Servicemen and women with disabilities of the third group do have the right to discharge from service. Ukrainian legislation provides for this possibility based on the conclusion of the military medical commission (MMC). However, in practice, this can be difficult due to bureaucratic obstacles, delays in processing documents or even refusals from the command.

A disability of the third group indicates the presence of persistent health problems that limit one's ability to work. This is a strong argument for dismissal, but military units often ignore the conclusions of the MMC or try to keep the soldier in the unit due to staff shortages. In such cases, it is important to act within the law and engage professional legal assistance.

Steps to be discharged for health reasons

The process of discharging a serviceman with a third-group disability from the Armed Forces requires a clear sequence of actions. The following steps should be followed to avoid mistakes and delays:

1. Passing the military medical commission (MMC). The first step is to apply to the medical commission, which will assess the state of health and issue a conclusion on the unfitness for further service.
2. Filing a report. The discharge report is submitted to the command. The document must indicate the reason for dismissal, referring to the conclusion of the MMC, and attach all supporting documents.
3. Consideration of the report. The command must consider your report within the time limit established by law. In case of delay or refusal, it is recommended to seek legal assistance.
4. Receiving a discharge order. After a positive decision is made, the serviceman receives a discharge order and relevant documents.
5. Appealing the refusal. In case of an unreasonable refusal or delay in the process, a lawyer will help you file an appeal to higher authorities or a court.

Following these steps with professional support will help you avoid delays and violations of your rights.

Basic documents for dismissal

Collecting the necessary documents is an important step, as the success of your appeal depends on their completeness and correctness. The main documents for discharge on the grounds of disability:

• Report on dismissal from the Armed Forces.
• The conclusion of the military qualification commission on unfitness for service.
• Personal file of the serviceman.
• Medical certificates confirming your state of health.
• Other documents confirming the grounds for discharge (if necessary).

Properly prepared documents will help speed up the consideration of your case and avoid delays.

Recommendations for servicemen with disabilities

Many servicemen and women with the third group of disability face difficulties in applying for discharge. To successfully complete the discharge process, there are several key tips to consider:

• Apply to the MMC as early as possible. This will help avoid complications due to possible delays in the process.
• Check the correctness of the documents. Errors or incomplete documentation may result in a refusal.
• Engage a lawyer. Legal support will help you avoid mistakes and effectively protect your rights.

Careful preparation and legal support will help you successfully complete the dismissal procedure.

Important questions about the dismissal of disabled persons of the third group from service:

Legal assistance from the ‘Consultant’:

Consultation. A lawyer will explain your rights and help you determine what documents you need to be dismissed.

Preparation of documents. The lawyer will ensure that the report and other documents are properly executed.

Protection of interests. In case of refusal or delay, the lawyer will represent your interests in court or before higher authorities.

Experienced lawyers of the legal service ‘Consultant’ will help you to resign from the service for health reasons and protect your rights. Contact us for professional support!