Military Discharge is a procedure where a servicemember ceases service in the Defense Forces. Discharge can be voluntary (contract expiration), involuntary (disciplinary misconduct, redundancy), or due to objective reasons (health condition, age limit). Disputes often arise regarding the legality of discharge and accompanying financial issues (compensation, fines). Incorrectly executed discharge can cause a soldier to lose veteran status or incur groundless financial liabilities. Legal.ge offers legal assistance in managing the discharge process and appealing unlawful dismissals to ensure your dignified departure from military service.
What does this service cover?
The service covers all aspects related to discharge:
- Discharge Grounds Analysis: Checking the legality of the order (whether redundancy is real or a pretext for persecution).
- Medical Discharge: Managing the discharge procedure based on the Military Medical Commission's conclusion.
- Financial Settlement: Ensuring receipt of final settlement, compensation for unused leave, and pension supplements.
- Appealing Fines: Reducing or canceling penalties for early contract termination through court.
- Reinstatement: Litigation for reinstatement and compensation for forced absence in case of unlawful discharge.
Common Scenarios and Needs
Discharge service is needed by:
- Officers: Dismissed under the pretext of reorganization.
- Contract Soldiers: Wishing to leave due to family conditions without a fine.
- Injured Soldiers: Entitled to compensation upon discharge due to trauma.
Georgian Legal Framework
Discharge rules are regulated by the Defense Code and orders of the Minister of Defense. In case of dispute, the General Administrative Code applies. Compensation for unlawful discharge considers principles of the Civil Code and Labor Code (with military specifics).
Step-by-Step Process
If you wish to be discharged, the lawyer prepares a report with relevant justification. If you were discharged, the lawyer requests the discharge order and personal file. An appeal is filed first within the agency, then in court. It is crucial to observe the 1-month appeal deadline.
Why Legal.ge?
Discharge is often an emotional and stressful process. Lawyers at Legal.ge protect your interests with a cool head and full knowledge of the law to ensure you receive maximum compensation and do not suffer financially.
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