Compatibility for IDF Service Committee

Not everybody is suited to enlisting in the IDF. In Israel there are a large number of young people approaching the draft age who are unable to serve due to their personal circumstances. There are a number of cases of IDF recruits who realized that they are not suited to the military only after they have enlisted. One of the main ways to obtain an exemption from IDF service in such cases is to examine these soldiers’ issues before the Compatibility for IDF Service Committee. In this article, an expert attorney from our office specializing in military law, provides a concise explanation regarding how to appear before this committee.

Our law firm, based in Jerusalem and Tel Aviv, specializes in Israeli military law. The attorneys in our office provide legal help and support on a variety of issues such as arranging legal status in Israel with the military authorities, accompanying individuals in proceedings to obtain exemption from service in the IDF and the Compatibility for IDF Service Committee, representation in dealings with law enforcement authorities and military courts, etc.

THE COMPATIBILITY FOR IDF SERVICE COMMITTEE – A PERSONAL STORY

A certain “D”, was a soldier in a combat unit. He was very keen to enlist despite the tough situation he faced at home. D’s mother died when he was only in first grade. His father suffered from a severe disease preventing him from functioning independently, but did not receive permanent help from the state and was heavily reliant on his son to take medication and deal with the various household chores. D, who was torn between his genuine desire to serve in the IDF and the need to attend to his father, eventually chose to stay with his father. He undertook the necessary steps to arrange his status, appeared before the Compatibility Committee, and was eventually granted an exemption from service on grounds of incompatibility.

D’s story could have ended differently, and in many cases that is indeed what happens. IDF policy on granting military service exemptions tends to change frequently and during certain periods there is a trend of limiting the number of exemptions awarded by the committee. In addition, there are a considerable number of soldiers and candidates for military service who do not arrange their legal status with the defense establishment in the proper manner, and choose to adopt unilateral actions such as desertion or draft evasion.

Such actions could exact a heavy price, including imprisonment and a criminal record that will accompany these individuals for most of their life. In order to prevent this, it is important to engage in full cooperation with the military authorities, and it is highly recommended to consult with an experienced attorney who specializes in military law. In this article, we shall explain about the available methods to obtain a military service exemption due to incompatibility for IDF service, both before and after enlisting.

HOW DOES THE COMPATIBILITY FOR IDF SERVICE COMMITTEE WORK?

The Compatibility for IDF Service Committee is a special committee that convenes at the request of the commanders of soldiers on regular service or the soldiers themselves, in order to examine the question of their continued service. The committee is qualified to recommend discharge from the IDF on grounds of incompatibility, for various reasons, including: severe personal circumstances, inability to function properly during military service, disciplinary problems, etc.

Such a recommendation is subject to approval from the Commander of the IDF Induction Center (or as it is now called, the Meitav Unit). It is possible to request that the committee convene at any stage of an individual’s military service. As far as soldiers currently serving time in military prison are concerned, there is a dedicated setup qualified to recommend that their case be reviewed by the Compatibility Committee while they are still in detention or imprisoned.

IS IT POSSIBLE FOR AN ATTORNEY TO REPRESENT YOU BEFORE THE COMMITTEE?

As a rule, only the soldiers themselves can appear before the committee. No relatives, friends or attorney representing them are normally allowed to accompany them. Having said that, representation by an attorney could be of considerable importance both to arrange the convening of the committee and to prepare the soldier’s arguments and present them before the committee. Usually, soldiers are not aware of the reasons that would enable them to obtain a military service exemption. An attorney specializing in Israeli military law and who is fully conversant with these reasons could be a genuine asset in providing the soldiers with the best possible preparation towards the committee hearing. Such preparation might be critical in this process.

IS IT POSSIBLE TO WITHDRAW BENEFITS FROM SOLDIERS FOLLOWING THE GRANTING OF A SERVICE EXEMPTION?

It is important to know that the Compatibility for IDF Service Committee is empowered to recommend that benefits accumulated by the soldiers during their service be withdrawn. The committee must inform soldiers who have served for more than a year and who are consequently entitled to benefits, that obtaining a service exemption might lead to the withdrawal of those benefits to which they were entitled. However, the committee also has the authority to recommend that the soldiers’ benefits should not be withdrawn. This really depends on the specific circumstances of each individual case, and here too, proper preparation of the soldiers prior to the committee hearing is clearly of immense value.

CONTACT AN ATTORNEY WHO SPECIALIZES IN MILITARY LAW

If you have any specific question or need to consult with regard to the Compatibility for IDF Service Committee, you are more than welcome to contact an attorney from our law office, who specializes in military law. Our attorneys have a wealth of experience in providing legal representation for soldiers in their dealings with the various military authorities, in all aspects related to arranging their legal status. You can contact us either by phone or email as listed below.