SIP under QR 9.385?

Discussion in 'Army Pay, Claims & JPA' started by 1234567890, Jul 6, 2011.

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  1. Hi guys,

    Posting this here as well as in the pensions bit......

    Can anyone tell me with some authority whether or not a discharge under QR 9.385 is a medical discharge?

    The reason I ask is that I have received a letter from OH Med Discharge cell stating that I "Will be medically discharged IAW QR 9.385", this is under the PAP10.

    Some people on this forum say that it is an admin discharge "on medical grounds" but my letter does not mention admin discharge at all.

    Will I be entitled to a SIP (13yrs sevice)? Under AFPS 1975 it states that if you meet the "Ill health condition" then you will.

    So why are people saying that I may not get a pension?

    Confused and now worried ..........
     
  2. and you will be even more confused once all the 'experts' on arrse have thrown in their opinions. Why not go to the Forces Pension Society? They really are the experts, or if you are a member, try the RBL.
     
  3. [TABLE]
    [TR]
    [TD]Cause of Termination - Considered Unsuitable for Further Army Service, on Medical Grounds
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    [TR]
    [TD]9.384. Documentation. In cases falling under this heading, which covers paras 9.385 - 9.387 inclusive, the cause of termination recorded on documents is to be amplified to show whether the soldier is either medically unfit under existing standards (see para 9.385), or temporarily or permanently medically unfit for Army service (see para 9.386 or 9.387, as appropriate). The cause of termination recorded on the Certificate of Service (AF B108) issued to the soldier is, however, always to be shown as ‘Ceasing to fulfil Army medical standards’ (see para 9.439) except in the case of recruits not accepted for service for medical reasons, when the cause is to be recorded as ‘Below medical entry standards for the Army’.
    [/TD]
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    [TD]9.385. Ceasing to Fulfil Army Medical Requirements, that is Medically Unfit under Existing Standards.
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    [TD]a. The competent military authority to authorize termination is the Director General Army Personnel Centre or in the case of a soldier who has not completed Phase 1 training, the commanding officer.
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    [TD]b. The Armed Forces Act 2006 Statutory Instruments governs this authority.
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    [TD]c. This paragraph applies to a soldier whose medical category falls below entry standards for a recruit or employment standards for a trained soldier appropriate to his corps, employment and length of service, but is nevertheless not so low as to render him unfit for any form of Army service.
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    [TD]d. A soldier graded as in sub-para c is not to be terminated if further employment for which he is medically acceptable can be found for him in his corps. If this is not possible and he is medically acceptable and recommended for transfer to another corps, the case is to be referred by the commanding officer of the unit in which he is serving to the APC.
    [/TD]
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    [TABLE]
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    [TD]e. If other employment in his own corps is not possible, and if transfer to another corps is not authorized, the soldier is to be terminated under this paragraph. If a soldier is unwilling to accept other employment within his own corps, or to be transferred to another corps which has expressed its preparedness to take him, then he is to be terminated under para 9.414 and not under this paragraph.
    [/TD]
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    [TD]f. AF B204 procedure as laid down in the pamphlet Medical Documentation in the Army Medical Services 1995 (Army Code No 61416), paras 0526 - 0528 is to be concluded prior to submission of applications for termination on AF B130.
    [/TD]
    [/TR]
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    [TD]9.386. Ceasing to Fulfil Army Medical Requirements, that is Temporarily Unfit for Any Form of Army Service.
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    [/TABLE]

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    [TD]a. The competent military authority to authorize termination is the Director General Army Personnel Centre/Military Secretariat.
    [/TD]
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    [/TABLE]

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    [TD]b. The Armed Forces Act 2006 Statutory Instruments governs this authority.
    [/TD]
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    [TD]c. This paragraph applies to a soldier who is medically unfit for any form of Army service and is ineligible for retention under current regulations, but who may at a later date improve and become fit for some form of service in time of emergency.
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    [TD]d. The competent military authority is not to authorize termination unless the soldier has appeared before a medical board, the proceedings of F Med 19 have been confirmed by the Commander Medical of the district or division and the form in PULHHEEMS Administrative Pamphlet 2007, Appendix 6 has been forwarded to him.
    [/TD]
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    [TD]e. The officer commanding of the MDHU is the soldier's commanding officer if the soldier is to be terminated direct from hospital.
    [/TD]
    [/TR]
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    [TABLE]
    [TR]
    [TD]9.387. Ceasing to Fulfil Army Medical Requirements, that is Permanently Medically Unfit for Any Form of Army Service.
    [/TD]
    [/TR]
    [/TABLE]

    [TABLE]
    [TR]
    [TD]a. The competent military authority to authorize termination is the Director General Army Personnel Centre/Military Secretariat.
    [/TD]
    [/TR]
    [/TABLE]

    [TABLE]
    [TR]
    [TD]b. The Armed Forces Act 2006 Statutory Instruments governs this authority.
    [/TD]
    [/TR]
    [/TABLE]

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    [TD]c. This paragraph applies to a soldier who is medically unfit for any form of Army service and is likely to remain so permanently.
    [/TD]
    [/TR]
    [/TABLE]

    [TABLE]
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    [TD]d. The competent military authority is not to authorize termination unless the soldier has appeared before a medical board, the proceedings of F Med 19 have been confirmed by the Commander Medical of the district or division and the form in PULHHEEMS Administrative Pamphlet 2007, Appendix 6 has been forwarded to him.
    [/TD]
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    [TD]e. The officer commanding the military hospital is the soldier's commanding officer if the soldier is to be terminated direct from hospital.
    [/TD]
    [/TR]
    [/TABLE]
     
    • Like Like x 1
  4. Roger all that but we're now on PAP 10.
     
  5. Correct, read PAP10 Chap 10 (Management of Personnel Below The Minimum Standard Required for Employment in their Arm or Service) notes at bottom of pages refer to the various reasons for discharge, hence why I posted the paragraph from QRs the OP is being discharged under.
     
  6. Right,
    Thanks for the quotes. I have read the parts of QR applicable to me but wanted it in plain old english.....
    I'll take it as a yes then seeing as no evidence points to an admin discharge.
    I'll just send off my pensions forecast request and see what they say.
    The "Ill health condition" is if I am discharged for my condition (which I will be), and that i will remain so (dont know how i could be un-discharged). If anybody know any different then by all means let me know.

    Cheers.
     
  7. It would also benefit you reading JSP 765 AFCS. As part of your medical discharge under PAP 10, chap 10 para 1009 also says you should have:

    received information how to submit a claim under AFCS
    financial advice based on potential career options implications, including pay, pensions and compensations with support from SPVA as necessary
    Resettlement advice & support