Written answers

Tuesday, 25 November 2014

Department of Defence

Defence Forces Personnel

Photo of Tom BarryTom Barry (Cork East, Fine Gael)
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254. To ask the Minister for Defence if he will acknowledge that a person (details supplied) was not medically assessed by an army medical doctor and therefore their discharge is invalid; if this matter will be investigated; if the persons medical discharge papers will be located and forwarded to this Deputy. [44930/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I refer to my reply to Question Number 526 on the 17thof September 2014. I am advised by the military authorities that the individual in question was discharged from the Defence Forces on the 22ndof June 1989 at his own request after 12 years of service. The discharge documents (LA89) were issued to him at that time. The LA89 is an original document and cannot be replaced.

Subsequent to that reply, and following representations made by the Deputy on behalf of the individual in question, the military authorities have provided my officials with a copy of the relevant extract from his Medical Book, LA30, which shows that he was medically examined for discharge purposes on 20thMarch 1989. It also shows the medical classification code awarded to him on foot of that medical examination. This will be forwarded to the individual.

I am advised by the military authorities that due to the unavailability of a serving Medical Officer at the time of his discharge, the individual's medical examination was carried out by a civilian medical practitioner. I am further advised that this doctor had been a Defence Forces Medical Officer until his retirement in 1985. On this basis, the military authorities advise that they are satisfied that the doctor had the requisite knowledge and experience to carry our medical examinations to Defence Forces' standards.

Defence Forces Regulation A10 requires that, when an individual is being discharged from the Defence Forces, a medical examination should be carried out by a Medical Officer of the Medical Corps. However, situations arise where military Medical Officers are not available. Paragraph 1306 of "A" Administrative Instruction Part 12, in catering for such situations, provides that "medical examination of personnel of the Permanent Defence Force should as far as possiblebe carried out by a Medical Officer of the Medical Corps and not by a civilian Medical Practitioner..."

Notwithstanding the fact that the individual in question was examined by a civilian medical practitioner who was a former Medical Officer, I am advised by the military authorities that his discharge at his own request remains valid and is in accordance with Regulations. The individual has not been subject to military law since his discharge in 1989.

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