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Discharge from Military Service: Grounds and Procedure

Every servicemember, whether a contract soldier or a conscript, may encounter the need to be discharged from military service. The discharge process is an important part of a military career as it not only determines your future but also your subsequent employment. At the same time, many servicemembers face bureaucratic hurdles that can complicate this process.

Ukrainian legislation clearly defines the grounds for discharge from military service. However, in real life, there are situations when even having valid grounds for discharge does not guarantee a smooth exit from the Armed Forces. To avoid complications, it is important to understand all the nuances of the law and properly prepare the necessary documents.

Grounds for Discharge

There are several primary reasons for which a servicemember may be discharged from military service. These reasons can be both personal and professional. Let's look at the most common ones:

1. Health condition: One of the primary grounds for discharge from military service is the health condition. If a servicemember has serious health problems that prevent them from fulfilling their duties, they have the right to submit a request for discharge based on a medical commission's conclusion.
2. Family circumstances: A transfer or discharge due to family circumstances can occur if, for example, the servicemember needs to care for a sick family member, has children, or their family situation requires their constant presence at home.
3. End of contract: Discharge on this basis occurs when the contract term expires. A servicemember has the right not to extend the contract and leave at the end of its term.
4. Other legal reasons: There are also other reasons for discharge from military service, such as completion of studies, reaching the maximum age, or disciplinary violations that lead to contract termination.

Discharge Procedure

The discharge procedure typically consists of several stages that need to be completed correctly to avoid delays. Timely submission of the application, passing the medical commission, and obtaining the necessary documents are key elements of this process.

• Step 1: Submit an application. A servicemember has the right to submit an application for discharge on their own request or based on other legal reasons. The application should be submitted to the unit commander.
• Step 2: Medical examination (if the reason is health). The servicemember undergoes a medical commission, which will determine their ability to continue serving.
• Step 3: Command decision. After the application is submitted, the unit commander must make a decision regarding the discharge. If necessary, additional documents or conclusions may be requested to clarify the reasons or circumstances.
• Step 4: Issuance of the order. If all conditions are met, the unit commander issues an order for the servicemember's discharge.

Frequently Asked Questions

How Lawyers Can Help

Legal consultation: Our lawyers will help you properly prepare documents and submit the discharge request, taking into account all legal nuances.

Document preparation: We will prepare all the necessary discharge documents and ensure their compliance with the requirements to avoid delays.

Representation in authorities: If difficulties arise, our lawyers can represent your interests before the authorities to expedite the process.