Formal recognition

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The Formal recognition is intended as recognition of a soldier of the armed forces for exemplary performance of duty or an excellent single act ( § 11 para. 1 WDO ). They are regulated in the first part of the Defense Disciplinary Code ( WDO ). Formal recognitions do not fall under the concept of disciplinary measure , even if they are occasionally referred to in colloquial terms as "positive disciplinary measure".

species

Formal recognitions are recognition in the company or daily order or recognition in the ministerial gazette of the Federal Ministry of Defense ( Section 11 (3 ) WDO ). The former can be issued by a company commander or another disciplinary superior with the disciplinary authority of a company commander or a higher disciplinary authority, the latter by the Federal Minister of Defense ( Section 12 (1) WDO ).

Special leave

Special leave of up to 14 working days can be combined with formal recognition ( Section 11 (3 ) WDO ): the company commander or a disciplinary superior with the disciplinary authority of a company commander for up to five working days, the battalion commander or a disciplinary superior with the disciplinary authority of a battalion commander up to seven working days and the regimental commander or a disciplinary superior with the disciplinary authority of a regimental commander for up to 14 working days ( Section 12 (2 ) WDO ).

Decision-making standard

When deciding whether formal recognition should be granted, a strict standard must be applied ( Section 13 (1) sentence 1 WDO ). According to this formal recognition, the soldier should be worthy of his personality ( Section 13 Paragraph 1 Sentence 2 WDO ). The formal recognition should also appear justified to his comrades ( Section 13 Paragraph 1 Sentence 3 WDO ). Good performance can also be recognized by other types of awards ( Section 11 (4 ) WDO ).

Disciplinary book

Formal recognitions are to be entered in the disciplinary book ( § 7 WDO ).

Withdrawal

A formal recognition must be withdrawn if it subsequently transpires that the prerequisites under which it was granted did not exist ( Section 14 (1 ) sentence 1 f. WDO ). If the formal recognition is withdrawn, a decision must also be made as to whether any special leave taken is to be fully or partially offset against the vacation leave ( Section 14 (3) sentence 1 WDO ).

In contrast to disciplinary measures , formal recognitions are only to be redeemed if their withdrawal has become incontestable ( Section 8 (1) WDO ). Then they may no longer be taken into account and must be removed from the disciplinary book and the personnel files ( Section 8 (7 ) WDO ).

Provision of information

Information about formal recognition without the consent of the soldiers or former soldiers only issued to departments in the division of the Federal Ministry of Defense, to courts and prosecutors' offices , to the extent appropriate to fulfill the responsibility lies of the recipient tasks required is, as well as injuries to carry out their Rights ( Section 9 Paragraph 1 WDO ). Information about formal recognitions that have been repaid or are ready for repayment will only be given with the consent of the soldier or the former soldier ( Section 9 (3 ) WDO ).

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