Wrongful Discharge?

[Hannah1207]

Hi all,

I have been desperately searching for some advice about the possibility of wrongful discharge but can't seem to find anything.

I was medically discharged for having epilepsy. Id never had a sezuire just a strange type of de ja vu feeling. Was originally diagnosed with this when serving out in Gib. After a long process and appeals I was discharged.

Now several years on I'm being told by civvy doctors / neurologist that I don't have epilepsy. Is there anything I can do in regards to wrongful discharge?

Thanks in advance for any help.

 

[Sumo]

@vauxhall is this in your area?

 

[Ninja_Stoker]

Pending a more reliable response from someone better qualified:

One way, if otherwise still eligible to rejoin, would be to apply to rejoin and if knocked-back medically, appeal with the supporting medical evidence which disputes the original discharge category. Trouble is, if discharged with a medical disability pension, that would be an issue with regard entitlement, but it would certainly show that you didn't want out.

Another option is the Armed Forces Compensation Scheme assuming your version of events and the service attributed cause matches that on the medical record, except the definitive diagnosis.

 

[janner]

If you haven't already got them a full copy of your documents and medical record would be worth having
https://www.gov.uk/get-copy-military-service-records

 

[Hannah1207]

Thanks for replies
I won't be rejoining, am the ripe old age of 33 now and have a 1 year old at home! I got hold of all my med docs last year when I was told possibly not epilepsy. My main issue is that for the whole time I've been out I've been telling employers I have epilepsy and also not been entitled to my driving licence! Also I would of 100% completed my 22 ... it obviously completely turned my life upside down at the time.

Thanks again for the replies.

 

[Ninja_Stoker]

Thanks for replies
I won't be rejoining, am the ripe old age of 33 now and have a 1 year old at home! I got hold of all my med docs last year when I was told possibly not epilepsy. My main issue is that for the whole time I've been out I've been telling employers I have epilepsy and also not been entitled to my driving licence! Also I would of 100% completed my 22 ... it obviously completely turned my life upside down at the time.

Thanks again for the replies.

No problem.

Most rating branches recruit to age 36 and there are plenty of parents serving in the regular service, including single parents who are older than 33. As a trained rate, rejoining your original branch, with a break in service under around 5 years, it's feasible to rejoin up to age 57. The RFA upper age is 99 (I kid not).

Presumably, your argument is that had you not been medically discharged, you would've continued serving after having a child anyway, to complete your original 22.

The Royal British Legion are also a good independent and professional organisation who can offer wise counsel in such cases.

Good luck.

 

[vauxhall]

@vauxhall is this in your area?

I am afraid not, Sumo.