Hellenic Military Academy | I-2 TO I-5 Students allowed to continue their studies

Defence Redefined

24/09/2021

There have been upheavals in the Military Academies owing to the implementation of the 2019 Law, according to which the students who shift from category I-1 of physical ability to another category between I-2 and I-5 may continue their studies.

According to armyvoice, despite the fact that the Deputy Minister of National Defence refused to implement the law, a student of the Academy appealed to the court, which acquitted him. Athens’ Administrative Court of Appeal ruled illegal the refusal of the Deputy Minister of National Defence to accept his request to continue his studies at the School, as part of his office service status.

The case was “won” by lawyer Petros Aggelakis, who describes the incident to Armyvoice.gr:

The students admitted to the military academies are referred for medical examinations, in order for the academy to judge their physical fitness. Until April 2019, those who were found to be suffering from a disease or condition that included them in a physical fitness category from I-2 to I-5 were deemed unfit to continue their studies and were discharged.

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Yet, according to the Law, specifically article 30 of Law 4609/2019 (Government Gazette A ’67 / 03-05-2019), it was provided for the first time that during their service, the students of military academies deemed unsuitable for health reasons, shall no longer be expelled from the said academy. Rather, they shall be given the opportunity, at their request, to continue their studies, in the status of office or light service, land or ground service, depending on the Branch of the Armed Forces to which the military academy belongs, following the relevant decision of the Minister of National Defence.

It was also provided that students with an office service status are completely or partially exempt from military training, they are not entitled to return for any reason to their former status and, after graduating from the relevant academy, they are called Officers or Non-Contracted Officers and are included in the status of office or light service, land or ground service, depending on the Armed Forces Branch to which the Academy belongs, without being entitled to return for any reason to active service.

Since 2019, there have been cases of students of military academies who were deemed unfit during their studies for health reasons and thus asked to continue their studies in the status of office service.

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The Deputy Minister of National Defence rejected these requests, following relevant suggestions from the General Staffs, with arguments supporting that these students will not be able to attend the Military Training course like all other students and acquire the required knowledge they should be able to apply in the field of operations as Officers. Furthermore, the objective of the School is partially revoked, as its basic cornerstone, namely military training, is challenged, or both the mission and work of the Academy are hindered. Thus, in practice, the provision of article 30 of Law 4609/2019 was rendered void.

However, a recent decision of Athens’ Administrative Court of Appeals acquitted a former student of the Academy, as the Court ruled that the Command’s above allegations are not legal and do not sufficiently justify the rejection of his request to remain in the school office service. According to the relevant provision of the Law, the students subject to it are completely or partially exempted from military training and are not entitled to return to their former status for any reason.

In his opinion, argues lawyer Petros Angelakis, the allegations made by the General Staffs could possibly be included in a relevant proposal to the Minister of National Defence for the abolition of this legislative framework, through parliamentary procedures, but as long as this framework is in force, they cannot justify the rejection of such requests, as all this was known to the legislator (see also the explanatory memorandum from 12-4-2019 in “Personnel of the Armed Forces, Recruitment, Military Justice and other provisions” bill) who, nevertheless, chose to provide the opportunity for those students deemed unfit for health reasons during their studies, to stay in the academies, while neither during their studies nor after graduation, are they entitled to return to active service for any reason.

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