Helped a brigade commander restore the rights of servicemembers after AWOL
A commander of one of the brigades appealed to the Office of the Military Ombudsman in the interests of two servicemembers who, after being AWOL, expressed a desire to serve in his military unit. However, their previous units would not release the personal files of these soldiers.
"The servicemembers were essentially 'stuck' between units, despite the existence of transfer orders. On paper, they had already departed from one place of service but had not yet arrived at another. Units may delay the registration of such soldiers because they do not want to take responsibility for individuals without a complete package of documents. Although they have the right to register them based on transfer orders. This leads to situations where people are already fighting but are not yet receiving their monetary provision, cannot go on leave or undergo medical treatment, because they are not on the register," said Serhii Donchenko, Chief Specialist of the Inspections Directorate, who reviewed the brigade commander's complaint.
During the inspection, the Office of the Military Ombudsman requested all necessary documents, found out at what stage the registration problems arose, and acted as a mediator between the military units. Ultimately, the servicemembers' rights were restored: all necessary documents were transferred to the new unit, their registration data was aligned with their actual place of service, and monetary provision was paid for the period they were unregistered.
"The most difficult part of this case was putting together the 'puzzle' of the servicemembers' transfers, as they had passed through training centers, reserve battalions, and several combat units. Each unit believed that the responsibility for registration lay with someone else. We practically had to 'lead by the hand' each soldier through all stages of documentary registration, starting from November last year. To find the point where the registration was interrupted and force the units to issue the necessary orders," stated Serhii Donchenko.
How to act in such situations?
During transfers, servicemembers should keep copies of orders or at least know their numbers and dates. If, upon arrival at a new unit, they are not placed on monetary provision, they should submit a report to the commander and clarify their registration status.
It is important for commanders to follow instructions and algorithms and not delay the registration of servicemembers while waiting for paper documents. Necessary extracts from orders can be quickly obtained through the SEDO (electronic document management system).
We remind you that commanders can also apply for assistance to the Office of the Military Ombudsman — to protect their own rights or in the interests of subordinate servicemembers.
The problem with the return of servicemembers after AWOL is of a systemic nature, which is also evidenced by numerous complaints received by the Office of the Military Ombudsman. Despite the fact that the mechanism for returning to service is determined by an appropriate algorithm, military units and military administration bodies execute it untimely or incompletely. In May, the Office appealed to the Commander-in-Chief of the Armed Forces of Ukraine and also provided proposals to the Ministry of Defence of Ukraine regarding the improvement of the specified algorithm and the development of additional managerial decisions. The Office's team will continue working on their practical implementation and ensuring the necessary changes.