Transfer to a new place of service and leave: refusals and breaches

What is happening

A transfer is most often needed for family reasons: a relative's illness, the need to provide care, a spouse serving in another region, or the serviceman's own health under a medical board finding. The application is filed, and then there is either no answer or a refusal that cites no particular ground.

Leave follows the same pattern. Annual leave is not granted for years, compassionate leave is withheld even where the family situation is documented, sick leave after hospital is cut short, travel to the place of leave is not paid. Sometimes leave is granted by order but the man is not in fact released from the unit.

Leave not taken does not disappear. On discharge it is either granted or compensated, and the date of removal from the unit roll moves accordingly. So it is worth recording refusals even when the rest itself is no longer possible.

What the law says

• Article 11 of Federal Law No. 76-FZ of 27 May 1998 on the Status of Servicemen establishes the right to annual leave, compassionate leave, sick leave after treatment and various additional forms of leave.
• Compassionate leave is granted on the grounds listed in Article 11(10) of Law No. 76-FZ: the serious illness or death of a close relative, a fire or other natural disaster affecting the family, and other exceptional cases.
• Sick leave is granted on the basis of a military medical board finding, not at the commander's discretion.
• A transfer to a new place of service is possible on grounds of service necessity, on health grounds under a medical board finding, and for the family reasons expressly named in Article 15 of the Regulation on the Procedure for Military Service.
• An application for transfer or leave must be considered and answered in writing; silence and a verbal refusal are unlawful.
• A refusal or inaction by the command is challenged in the garrison military court within three months of the day you learned of the breach.

What we do

• We check whether you have a ground for the transfer or for the particular form of leave, and which documents establish it.
• We prepare the application with its annexes and file it so that the fact of filing is documented.
• We assemble proof of the family circumstances: medical findings, certificates, proof of relationship and of a spouse's place of service.
• We approach higher command and the military prosecutor where the unit gives no written answer.
• We challenge the refusal or inaction in the military court and ask the court to order the command to decide the application on its merits.
• We claim compensation for leave not taken and payment of travel costs where these remain unmet.

What we need from you

• Your contract and extracts from orders on your appointment and on leave already granted.
• Your copy of the application for transfer or leave, with the registration stamp.
• The written refusal from the command, if you received one.
• Family documents: marriage and birth certificates, medical findings, care certificates.
• The medical board finding or hospital records, where the ground concerns health.
• Travel documents and receipts, where the dispute concerns travel costs.