Discharge before Service Complaint outcome?

#1
I've put in a service complaint, and they've come back to me saying they're going to follow through with it and someone will be in contact with me for the following steps.

I was told by ex-servicemen that I couldn't be discharged until after they had reached an outcome for the service complaint, but have had a call today to say I'll be discharged Friday (11-08-2017).

Just wondering if they can discharge me before the outcome had been decided, so I can seek legal advice if necessary.

TIA.
 
#3
I've put in a service complaint, and they've come back to me saying they're going to follow through with it and someone will be in contact with me for the following steps.

I was told by ex-servicemen that I couldn't be discharged until after they had reached an outcome for the service complaint, but have had a call today to say I'll be discharged Friday (11-08-2017).

Just wondering if they can discharge me before the outcome had been decided, so I can seek legal advice if necessary.

TIA.
Is your discharge related to your SC?
 
#4
I couldn't say for definite but I believe they can discharge you before the SC is complete, however if by doing so it disadvantages your pursuit of a SC I'd make damn sure by contacting the Ombudsman and I'd inform your unit you were doing so. See info at:

Redress of individual grievances: service complaints (JSP 831) - GOV.UK

Forms, Factsheets and Guidance – Service Complaints Ombudsman for the Armed Forces
Agreed. An SC doesn't freeze the discharge process, indeed it would be grossly unfair on some complainants if their planned/desired discharge was held up for resolution of their SC. Obviously without knowing the details of the OP's case, I assume that the decision to discharge is (a) not unexpected [i.e. you were already being discharged] and (b) not in response to the SC. If (a) and/or (b) did apply, there could be grounds for a further SC and/or for bringing in the SC Ombudsman.
 
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#6
Discharge is due to getting to phase 1, and then getting sent home because of a previous medical injury that the civilian doctor didn't write down at selection. (Also part of the SC)
 
#7
Just out of interest what do you think a service complaint is going to achieve?
 
#8
Discharge is due to getting to phase 1, and then getting sent home because of a previous medical injury that the civilian doctor didn't write down at selection. (Also part of the SC)
Frustrating I'm certain, but an SC will not consider medical matters made by a Medical Board and neither will the SCO. A complaint can be made through the Medical CoC concerning matters of medical negligence, which may have been a contributory factor (you've suggested a critical diagnosis or record of a pre-existing condition was missed), which is usually determined by the Regional Clinical Director, and an appeal can be made beyond that to the Defence level, but I can't recall the precise details and don't have access to the latest PAP10 (v4 ?Jan 16).

You can also make a complaint directly to the GMC if you believe medical negligence was involved. For example a previous history of ACL laxity and knee problems were overlooked by the MO during recruitment and you were passed fit to undertake Phase 1 training resulting in further knee trauma.
http://www.gmc-uk.org/DC6521_Handling_complaints.pdf_58086479.pdf

There is a separate appeal process for the actual Medical Board decision, which can be found in PAP10. It is unlikely this is an administrative discharge without regard to medical opinion (i.e. a Medical Board). You would not be medically discharged without a board, but you may be administratively discharged on medical grounds.
 
#9
Agreed. An SC doesn't freeze the discharge process, indeed it would be grossly unfair on some complainants if their planned/desired discharge was held up for resolution of their SC. Obviously without knowing the details of the OP's case, I assume that the decision to discharge is (a) not unexpected [i.e. you were already being discharged] and (b) not in response to the SC. If (a) and/or (b) did apply, there could be grounds for a further SC and/or for bringing in the SC Ombudsman.
Hackle, Forgive my ignorance (I retired a long time ago), though is a Service Complaint the same as the old AGAI 'Redress of Grievance?'
 
#11
Frustrating I'm certain, but an SC will not consider medical matters made by a Medical Board and neither will the SCO. A complaint can be made through the Medical CoC concerning matters of medical negligence, which may have been a contributory factor (you've suggested a critical diagnosis or record of a pre-existing condition was missed), which is usually determined by the Regional Clinical Director, and an appeal can be made beyond that to the Defence level, but I can't recall the precise details and don't have access to the latest PAP10 (v4 ?Jan 16).

You can also make a complaint directly to the GMC if you believe medical negligence was involved. For example a previous history of ACL laxity and knee problems were overlooked by the MO during recruitment and you were passed fit to undertake Phase 1 training resulting in further knee trauma.
http://www.gmc-uk.org/DC6521_Handling_complaints.pdf_58086479.pdf

There is a separate appeal process for the actual Medical Board decision, which can be found in PAP10. It is unlikely this is an administrative discharge without regard to medical opinion (i.e. a Medical Board). You would not be medically discharged without a board, but you may be administratively discharged on medical grounds.
https://padletuploads.blob.core.win...d26da8959a28e0698096787f/ADR005496_PAP_v4.pdf
 
#13
You mean something you didn't declare?
And allegedly something the civi Dr didn't mention either.
From the scant information here itnwoild appear that the MoD have not done anything wrong, but the OP and the civi GP have both managed to fail on the same point.
 

Cutaway

LE
Kit Reviewer
#14
Discharge is due to getting to phase 1, and then getting sent home because of a previous medical injury that the civilian doctor didn't write down at selection. (Also part of the SC)
That used to be called Illegal Enlistment.
 

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