Discharge-Rights

Discussion in 'Charities and Welfare' started by Templars, May 14, 2009.

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  1. Hello,

    I am currently waiting on a answer as to whether im going to be discharged, I have been in the army for just under a year and i havent even completed my phase two training. I was mis-diagnosed in basic training as having tendonitis in my foot, which subsequently after having an xray 7 weeks later turned out to be 3 stress fractures and a further possible 2. I have been on rehab since the beginning of december and have made little progress of recovery and have been on crutch's for 5 out of the last 7 months, I am still getting pains in 4 areas of my foot and the cause has not been addressed. I am a little concerned as the m.o has said that im not being medically dischaged but administratively discharged for medical reasons and that IF my injury heals i can re apply in a years time. However at this point i do not have any guarantee that in a years time i could re-apply and pass selection. I am worried that if the injury persists i'm not gona be able to work in any physical job and given the current climate i wont be able to find work! I am going to speak to the British Legion tomorrow and get some legal guidance from them. Can anyone give me some advice on what i should do?
     
  2. I don't know the regulations applying to trainees in training, however, if you have been diagnosed with stress fractures, which were cause while you were in training, then you should be looking at a medical discharge not an administration discharge, if they're trying to discharge out.

    You can get a medical discharge out of the forces, get yourself better, and then rejoin at a later date. however if for somereason you don't get your condition better, with a medical discharge you can then apply for the Armed Forces compensation scheme, whether you get anything from this is a different matter.

    But if you accept an administration discharge this will cause you a lot of problems If you don't get better,one of them being who is to blame for your condition.

    You need to speak to the Army welfare team, ask for an interview from your chain of command, by doing this everything is then recorded from then on,you can then use this information at a later date. If you need to apply for the Armed Forces compensation scheme.


    Have a look at this:

    http://www.arrse.co.uk/cpgn2/Forums/viewtopic/p=2597043.html#2597043
     
  3. Thankyou for your help, how do i dispute the admin discharge? (on medical grounds) and if so what warrants someone getting medically discharged? ( i need to look at worse possible case that if dont get better and am stuffed for physical work and the chances of having a decent career). If i accept this admin discharge and take the army to court for clinical negligence will if affect my position legally?. I had a meeting with my troop staff sergeant and he told what this admin m.discharge is all about, i feel it suits the army needs at the price of infringing my welfare, and in the long run is failing to provide in their duty of care. I am being shat on from a great height. I will on monday morning see the welfare officer and see what he says.
     
  4. The fact that you was A1 fit when you went into training and you are now broken, is their problem not yours. I would suggect you contact the Royal British Legion and as a trainee you are entitled to free membership to the British Armed Forces Federation.(BAFF). If you look up their web site (BAFF) in the search engine, then make contact and ask for legal advice...I believe it's free!

    All the very best. You must remember not to sign any paperwork until you have spoken to one of the above or both.


    Regards

    Hitback
     
  5. BAFF website is here (click)

    ... you will find an online message form under the Contact BAFF link (click)- if you haven't contacted BAFF previously it is recommended that you use the online message form.

    I would reiterate the advice of the others above - do not accept administrative discharge or sign any paperwork until you have had further (legal) advice on this.

    Hope all works out well

    ra34