Hello donk1:
I hope that I can help you with your son-in-law's situation. Please
read what I've found for you (it's a good amount of reading, but I've
tried to make it as brief as possible for you) and then let me know
what/if you need more information on. I don't know the minute
particulars of your son-in-law's case, so a back-and-forth method may
be the best way to answer this question.
I've done some exhaustive searching on the topic of early exit from
the UK Army, and I've turned up two interesting options. These options
are laid out (however cryptically) in the "Queens Regulations for the
Army":
Queens Regulations for the Army
http://www.army.mod.uk/linked_files/ag/servingsoldier/termsofserv/discmillaw/QR%20(Army)%20incl%20A26%20Mk2.doc
Option #1: Medical Discharge
If your son-in-law is suffering from depression, he may be able to
obtain an early discharge on medical grounds.
**********************
Cause of Discharge - Considered Unsuitable for Further Army Service,
on Medical Grounds
9.384. Documentation. In cases falling under this heading, which
covers paras 9.385 to 9.387 inclusive, the cause of discharge 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 discharge 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.
**********************
The specific suboptions that I would think might apply to your
son-in-law's situation are:
***********************
9.386. Ceasing to fulfil Army Medical requirements, that is
temporarily unfit for any form of Army service.
a. The competent military authority to authorise discharge is the
Director General Army Personnel Centre.
b. The Army Act 1955 (Part I) (Regular Army) (Amendment) Regulations
1995, Schedule A, Part II, Item 4 governs this authority.
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.
d. The competent military authority is not to authorise discharge
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, Appendix 6 has been forwarded to him.
e. The officer commanding the military hospital is the soldier's
commanding officer if the soldier is to be discharged direct from
hospital.
9.387. Ceasing to fulfil Army medical requirements, that is
permanently medically unfit for any form of Army service.
a. The competent military authority to authorise discharge is the
Director General Army Personnel Centre.
b. The Army Act 1955 (Part I) (Regular Army) (Amendment) Regulations
1995 Schedule A, Part II, Item 4 governs this authority.
c. This paragraph applies to a soldier who is medically unfit for any
form of Army service and is likely to remain so permanently.
d. The competent military authority is not to authorise discharge
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, Appendix 6 has been forwarded to him.
e. The officer commanding the military hospital is the soldier's
commanding officer if the soldier is to be discharged direct from
hospital.
*****************************
Option #2: Premature Voluntary Release
There appears to be this "buy-out" option that you had heard about,
though it looks like they don't just provide the option to anyone who
wants to use it.
******************************
Premature Voluntary Release on Payment
9.415. General instructions
a. After the period during which a soldier may claim his discharge as
a recruit has expired, he may terminate his Colour service before it
is due to end by applying for premature voluntary release on payment.
No soldier has a legal right to end his service in this way, as it is
a privilege which may be withheld or deferred at any time by the
Defence Council, as distinct from the normal restrictions that are
imposed by para 9.416. A soldier enlisted on the Open Engagement may
not apply for premature voluntary release on repayment. A soldier
serving on a S Type Engagement is eligible to apply for premature
voluntary release on repayment under the same conditions as a soldier
serving on the Notice Engagement.
b. A soldier who enlisted before 1 January 1986 and whose application
for premature voluntary release has been approved is normally to be
transferred to the Reserve except that in the case of the following he
should be discharged.
(1). A soldier who has completed 12 or more years service on a current engagement.
(2). A servicewoman (if enlisted before 1 January 1987).
(3). A soldier enlisted on a Type O engagement as a potential officer.
(4). A soldier whose transfer to the Reserve would not be appropriate, such as:
(a). One whose domestic difficulties would create a welfare problem
if he were recalled to the Colours from the Regular Reserve in the
event of an emergency.
(b). One who can produce evidence that he intends to emigrate or be
released overseas, except where the soldier intends to reside in
Holland, Belgium, Luxembourg or Germany (Nord-Rhein Westphalia, Lower
Saxony, Northern Hesse, Rheinland Phalz and Schleswig-Holstein only).
c. The decision as to whether the soldier is to be transferred to the
Reserve or discharged is to be made by the competent military
authority when authorising the termination of Colour service on the
merits of the case. After transfer to the Reserve or discharge has
been carried out, the case papers, including the soldier's
application, are to be sent to the Reserve Record of Service Wing of
Personnel Records Division so that he may judge in which section of
the Regular Reserve the soldier is to serve or if he is to be retained
as a member of the Long Term Reserve or to be made permanently non
effective. Soldiers enlisted for home service have no reserve
liability.
d. In the case of a soldier wishing to accompany his or her parents
or immediate family on emigration, see Army General and Administrative
Instructions, Volume 2, Chapter 49.
9.416. Restrictions. Premature voluntary release on payment is not to
be authorised without prior permission of the Ministry of Defence
(DM(A)) for a soldier in any of the restricted categories listed in
subparas a to g below. The case is not to be forwarded to the next
higher authority unless it is fully supported.
a. Initial service restrictions. The period during which soldiers
may not be allowed premature release by purchase is to be as follows
(service forfeited under the provisions of the Army Act 1955, section
17 may not count towards either of the 3 year periods quoted below):
(1). Apprentices - during training and within 3 years after the end of training.
(2). Soldiers enlisted for training as nurses or dental technicians,
4 years over the age of 18 or from the date of enlistment whichever is
the later.
(3). Except for the Open Engagement, which does not qualify for PVR,
3 years from the date of enlistment on a current engagement or 18th
birthday, whichever is later.
b. Soldiers who apply after having been warned for service overseas,
or an emergency tour.
(1). The warning for overseas service, or an emergency tour, is to be
effective from a date 6 months before the move except where less than
6 months notice has been given by the higher authority concerned.
(2). The restrictions may be waived at the discretion of the
commanding officer. If the restriction is to apply, a unit order is to
be published on the nearest working day to a date 6 months before the
first day of the month in which the move is to take place in order
that soldiers moving with their units are aware of the restriction.
(3). In the case of individual postings the restriction is to be
imposed 6 months before the effective date or on the date of issue of
the posting order when less than 6 months notice is given. The posting
order should state the date on which the restriction is effective. For
this purpose, service in Germany, Holland, Belgium or Luxembourg is
deemed to be home service, and emergency tours to be those listed in
the Emergency Tours Plot. It is not necessary for those affected to
have signed a draft warning order.
c. Soldiers serving overseas with less than one year of their current
tour completed and those serving whilst on an emergency tour. For this
purpose the definition of home service in para b(3) applies.
d. Soldiers who have waived their right by completing AF B6848 to
terminate their service for a fixed period for attendance on a course
of instruction, trade or specialist training, an attachment on loan or
for the reimbursement of legal expenses incurred in connection with
the sale or purchase of a residential property, (see para 9.086).
e. Soldiers who are restricted due to being transferred to another
corps; see Army General and Administrative Instructions, Volume 2,
Chapter 48 for specific periods of restriction.
f. Soldiers who have been selected to attend a course listed in Army
General and Administrative Instructions, Volume 2, Chapter 48.
g. Officer cadets, except that a cadet who fails to complete the
course for reasons which are not certified by the Commandant of the
Royal Military Academy Sandhurst as being through no fault of his own
is to be given the option of applying for discharge on payment, an
option which must be exercised within 10 days of the commandant's
decision. Failing that, he is to continue to serve. Detailed
instructions regarding the procedure for discharge on payment of
officer cadets are given in Army Commissioning Regulations (Army Code
No 13452).
9.417. Protected Employments Scheme
a.
(1). In addition to the restrictions contained in para 9.416 the
premature voluntary release of a soldier may be deferred if he is
qualified and currently employed in one of the employments which are
known as protected employments.
(2). Soldiers who are in a restricted category solely because they
belong to a protected employment will be permitted to purchase their
premature transfer to the Reserve or discharge as appropriate, subject
to a delay that will be imposed by the Protected Employments Board.
(3). Details of protected employments will be notified to district or
equivalent headquarters and the appropriate Divisional Colonel Manning
and Career Management by the Ministry of Defence (DM(A)) by letter
from time to time. An employment is declared to be a protected
employment, and all restrictions apply, from the date of the DM(A)
letter.
b. Protected Employments Scheme - Action by Divisional Colonels
Manning and Career Management. The Protected Employments Scheme is to
operate as follows:
(1). Divisional Colonels Manning and Career Management are to
maintain a list of all soldiers in protected employments who apply for
premature release by purchase. This list is to be maintained by
employments and the date of any application is to be noted.
(2). Any soldier whose release is also restricted for any other
reason may apply to be registered provided his current restriction has
less than 6 months before it is due to lapse, but the fact that he
registered while restricted will affect his release date. Irrespective
of the manning situation he will not be released under the Protected
Employments Scheme before his other restriction has lapsed.
(3). Every 6 months, normally in January and July, Divisional
Colonels Manning and Career Management are to convene a board of
officers. The board is to include a representative of the appropriate
Ministry of Defence personnel branch. The board is to examine the
manning situation in the employments and ranks concerned and decide
when the applicants may be released.
(4). A maximum delay of 18 months from the time of registration is
permitted. The period of delay should, however, be the minimum
possible.
(5). Where it is required to phase the release of a number of
applicants the board is normally to operate a `first registered, first
out' policy, although in some cases there may be special factors to
modify this such as para (4) above. If 2 soldiers in the same
employment apply on the same date their date of release is to be
determined by their seniority, based on the length of service.
(6). Divisional Colonels Manning and Career Management are to inform
the commanding officers of units concerned of the date on which their
applicants may be released; this information is to be given to the
applicants as soon as possible. Once this date is given it is only
under exceptional circumstances that it can be amended. If however,
the manning situation in any employment improves unexpectedly the
president of the board is empowered to notify, through commanding
officers, applicants who have been given a release date that they may
be discharged earlier, should they so wish.
(7). When an employment is removed from the list of protected
employments, soldiers awaiting consideration by the board are to be
informed by the appropriate Divisional Colonel Manning and Career
Management, through commanding officers, that they are no longer
restricted from purchasing their premature release on account of their
employment. To prevent an unacceptably high outflow, the appropriate
Divisional Colonel Manning and Career Management should at the same
time, draw the attention of commanding officers to the provision of
para 9.418, which may be applied by the competent military authority.
A further restriction under para 9.418 in addition to a restriction
imposed by a Protected Employments Board may, however, only be granted
under very exceptional circumstances and the duration of any such
restriction is limited in that it may not restrict any soldier beyond
the original date decided by the Protected Employments Board.
(8). Registration under the Protected Employments Scheme does not
affect a soldier's eligibility for posting overseas.
9.418. Deferments. A soldier who is not in any of the restricted
categories mentioned in paras 9.416 and 9.417a(1) is not normally to
be refused the privilege of premature voluntary release, but the
brigade or equivalent commander may refuse it if the soldier is
considered vital to the efficiency of the unit. In such cases, except
in compassionate circumstances as defined in paras 9.423 and 9.424 the
brigade or equivalent commander may give authority to delay the
discharge or transfer to the Reserve for a period not exceeding 6
months from the date of the soldier's original application to enable a
trained replacement to be provided. If, after the initial 6 months
deferment, the soldier's retention with the Colours is still
considered essential the case is to be referred to the divisional or
equivalent commander, who may, in the absence of compassionate or
hardship factors, defer the discharge or the transfer to the Reserve
for further periods subject to review at intervals of not more than 6
months. Deferment for a period in excess of one year from the date of
the soldier's initial application is to be exercised only in
exceptional cases and is to be reported to the Ministry of Defence
(DM(A)) by the divisional or district headquarters.
*****************************
If your son-in-law doesn't fall under any of the stated restrictions,
protections, or deferments, then he might have a decent chance of
using this "out".
As for payment:
*****************************
9.420. Payments. The purchase costs to be paid by a soldier who
wishes to terminate his service by premature voluntary release on
payment are laid down in the Pay Warrant. Where a soldier serving on a
regular engagement has previous reckonable service, his service for
the purpose of assessing purchase costs is to reckon from the date of
enlistment on the engagement on which he was serving when he undertook
his present engagement, providing there was no break in Colour service
between the 2 engagements except those specified in para 9.401. In
addition to this payment a soldier is normally required in the
following cases:
a. To refund any uncleared debit balance in accordance with the Pay
Warrant 1964, Articles 504, 505, 507, 564 and 565.
b. If serving abroad and except as stipulated in para 9.426c, to pay
a sum sufficient to cover the cost of conveyance from his last duty
station to his place of transfer to the Reserve or discharge.
c. If serving abroad and his family is resident at the overseas
station, to pay a sum sufficient to cover the cost of their conveyance
unless travel at public expense is permissible for him and them.
d. If serving abroad and permitted to reside abroad on transfer to
the Reserve or discharge, to pay his own and his family's passage
costs to the selected place of residence abroad unless travel at the
public expense has been authorised in accordance with para 9.425b.
**********************************
Those appear to be his two best bets.
Please let me know what you think.
Search Strategy (on Google):
* site:.army.mod uk "early discharge"
* site:.uk army "medical discharge"
* "premature voluntary release"
* "premature voluntary release" application
* "premature voluntary release" "how to apply"
* "premature voluntary release" payment
* Queens Regulation 9.417
Thank you.
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