I was medically discharged last year due to an ongoing condition caused by and exacerbated through injuries sustained while on duty.
My first step was the armed forces compensation scheme (AFCS), but my initial claim and a reconsideration were declined.
I know countless colleagues who have been injured on operations, adventurous training trips and exercises who then went on to receive compensation. A fair proportion returned to successful careers.
So exactly what is being compensated here? They received a full salary, free health care, housing and rehabilitation and then returned to an appropriate role.
By contrast, my career has been ended prematurely, with promotion, salary and pension impacts, plus relocation to consider and stress and upset for me and my family.
I was living in service family accommodation so have had to relocate my loved ones and start a new career at significant cost.
Thankfully, I could use Forces Help to Buy but, inevitably, this will affect my terminal benefits.
Additionally, until I receive my pension, I can’t be certain on its composition or value, as the commutation I originally opted for is not permitted on an ill-health pension.
It appears that I’m no better off than if I had chosen to submit a notice to terminate, and I would have had an easier path to an AFCS award by breaking my ankle apres ski on an adventurous training trip and being returned to unit. – Name and address supplied
Lt Col Thomas McEvoy, Pay and Pensions Policy, Army Remuneration Policy at MoD Main Building, replies:
We are sorry to hear of your medical discharge and that you are unhappy with how your case has been dealt with under the AFCS.
We cannot comment on the specifics of any case.
The MoD is committed to providing appropriate compensation to personnel where injury or illness were caused (wholly or predominantly) by an individual’s service through the War Pension Scheme (WPS) (before April 6, 2005) or AFCS (after April 6, 2005).
A specialist team in Defence Business Services makes determinations using all available evidence relating to the incident.
Each case is considered on its own merits but activities such as playing sport for pleasure or travelling to and from work would be excluded. Equally, when a condition arises during service – but is not caused by service – the worsening of it within five years of it arising has to be the predominant reason for a medical downgrading. Both the WPS and AFCS are no-fault schemes, do not seek to establish culpability or negligence and so are different from awards for damages paid through the courts.
If you have been injured as a result of negligence, having a WPS or AFCS award does not prevent you from claiming through the civilian court system.
Additionally, the forces schemes carry full rights of appeal to an independent tribunal normally within 12 months of any reconsideration findings.
The Royal British Legion and other service charities provide free support and further information is available on gov.uk under ‘armed forces compensation scheme’.
Why do I have to revert from staff sergeant to private if I transfer to another reserve band?
I understand it’s down to the positions available but that’s a considerable reduction in rank and pay even if the unit has an instrument vacancy.
Is there not a contingency fund of spare PIDs, or even a higher pay scale that can be used to prevent this?
It makes transferring to another unit very unappealing and can’t be helping retention. – SSgt Neil Atkinson, RCAM
Lt Col Glenis Maloney, SO1 Reserves, Strategic Centre, Army Headquarters, replies:
The ability for personnel to transfer is always based on the same principle – do we have the structural space currently to employ an individual at that rank, cap badge and trade?
If there is no available position for your rank at the location you seek to move to then you must find a vacancy elsewhere or move at a different rank.
This applies to all transfers, for both regular and reserve.
