Law on the Status of Soldiers (Soldatengesetz-SG)

Unofficial table of contents

SG

Date of completion: 19.03.1956

Full quote:

" Soldatengesetz (Soldatengesetz) in the version of the Notice dated 30 May 2005 (BGBl. I p. 1482), most recently by Article 5 of the Law of 13 May 2015 (BGBl. 706).

Status:	New by Bek. v. 30.5.2005 I 1482
	Last amended by Art. 5 G v. 13.5.2015 I 706

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1980 + + +)   

  

Abbreviation: Inc. by Art. 1 No. 1 G v. 19.12.2000 I 1815 mWv 24.12.2000 Unofficial table of contents

Content Summary

First section
Common rules
1. General
§ 1	Definitions
§ 2	Duration of military service; service time calculation
§ 3	Principles of appointment and use
§ 4	Appointment, grade of service, uniform
Section 4a	(dropped)
§ 5	Mercy law
2. Obligations and rights of the soldiers
§ 6	Civil rights of the soldier
§ 7	Basic duty of the soldier
§ 8	Advocating for the basic democratic order
§ 9	Oath and solemn vow
§ 10	Duties of superiors
§ 11	obedience
§ 12	Camaraderie
§ 13	Truth
§ 14	Secrecy
§ 15	Political activity
§ 16	Behaviour in other States
§ 17	Behaviour in and out of service
§ 18	Community accommodation and communal catering
§ 19	Prohibition of acceptance of rewards or gifts, obligation to publish and provide information
§ 20	Secondary activity
§ 20a	Activity after leaving the military service
Section 21	Vormundschaft und Ehrenämter
Section 22	Prohibition of the exercise of the service
Section 23	Service
§ 24	Liability
Section 25	Electoral law; terms of office
Section 26	Loss of service level
§ 27	Career rules
§ 28	Holidays
Section 28a	Holidays up to the beginning of retirement
§ 29	Personnel files
§ 30	Cash and benefits, supplies
§ 30a	Part-time
§ 30b	Meetings of holidays and part-time work
§ 30c	Working Time
Section 31	Care
Section 32	Service-time certificate and certificate of service
§ 33	Civic and international teaching
Section 34	Complaint
§ 35	Participation rights of the soldiers
§ 35a	Participation in the design of the service law
§ 36	Pastoral
Second section
Legal status of the professional soldiers and the soldiers on time
1. Statement of reasons for the service
Section 37	Condition of appeal
§ 38	Obstacles to appeal
§ 39	Justification of the employment relationship of a professional soldier
§ 40	Justification of the service of a soldier on time
Section 41	Form of justification and conversion
2. Transport
§ 42	Form of transport
3. Termination of the service
(a) Termination of the service of a professional soldier
Section 43	Termination reasons
Section 44	Retirement and retirement
§ 45	Age limits
§ 45a	Transform
Section 46	Dismissal
§ 47	Responsibility, duty of consultation and time limits for dismissal
§ 48	Loss of legal status of a professional soldier
§ 49	Consequences of the dismissal and loss of the legal status of a professional soldier
§ 50	Suspension in the one-way retirement
Section 51	Reuse
§ 51a	(dropped)
Section 52	Resumption of proceedings
Section 53	Conviction after termination of service
(b) termination of the service of a soldier on time
§ 54	Termination reasons
§ 55	Dismissal
§ 56	Consequences of the dismissal and loss of the legal status of a soldier on time
Section 57	Resumption of proceedings, convictions after termination of service
Third Section
Military service after the Wehrpflichtgesetz; the reserve military service; voluntary military service as a special civic commitment
1. Military service in accordance with the German Wehrpflichtgesetz
Section 58	Military service in accordance with the German Wehrpflichtgesetz
2.	Reserve Service Ratio
Section 58a	Reserve Service Ratio
3.	Voluntary military service as a special civic commitment
§ 58b	Voluntary military service as a special civic commitment
Section 58c	Transmission of personal data by the reporting authorities
§ 58d	Consultation and investigation
§ 58e	Commitment
§ 58f	Status
§ 58g	Service entry
§ 58h	Termination of the voluntary military service pursuant to § 58b
Fourth Section
Service obligation
1. Scope and types of services
§ 59	Group of persons
§ 60	Types of services
Section 61	Exercises
Section 62	Special foreign uses
§ 63	Assistance in the interior
Section 63a	Assistance abroad
2. Services exceptions
Section 64	Incapacity
Section 65	Exclusion of services
Section 66	Exemption from services
Section 67	Provision of services
Section 68	Uncomedable
3. Pre-accession procedure
Section 69	Responsibility
Section 70	Procedure
Section 71	Medical examination, hearing
Section 72	Use of unpaid service providers
Section 73	Use of services subject to service
4. Termination of services and loss of service
Section 74	Termination of services
§ 75	Dismissal from services
Section 76	Exclusion of services and loss of service
5. Monitoring and enforcement of the obligation to provide services
Section 77	Service supervision; liability
Section 78	Residence determination procedure
§ 79	Pre-routing and feeding
6. Relationship with conscription
§ 80	Competition
Fifth Section
Official events
§ 81	Education for official events
Sixth Section
Legal protection
1. Legal Way
Section 82	Responsibilities
2. Legal remedies and appeals against administrative acts in accordance with the Fourth Section
Section 83	Special provisions for the preliminary procedure
Section 84	Appeal against decisions of the Administrative Court
§ 85	Special provisions relating to the action of a challenge
Seventh Section
Financial provisions; transitional and final provisions
§ 86	Fines
Section 87	Recruitment of other candidates
Section 88	Dismissal of other candidates
§ 89	Communications in criminal matters
§ 90	Organization Act
Section 91	Staff representation of officials, employees and workers
§ 92	Transitional provision for the runways
Section 93	Competence for the adoption of legal regulations
Section 94	Transitional provision on the occasion of the amending act of 24 February 1983 (BGBl. 179)
§ 95	Transitional provision on the occasion of the amending act of 6 December 1990 (BGBl. I p. 2588)
§ 96	Transitional provision on the occasion of the Law on New Rules of Procedure
Section 97	Transitional provision on the occasion of the amending act of 19 December 2000 (BGBl. I p. 1815)
Section 98	Transitional provision on the occasion of the German Law on the Law of Amendment 2011
§ 99	Transitional provision on the occasion of the application improvement law

First section
Common rules

1.
General

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§ 1 Definitions

(1) Soldier is who is in a military service on the basis of compulsory military service or voluntary commitment. The state and the soldiers are connected by mutual loyalty. (2) The duty of a professional soldier can be called, who voluntarily undertakes to provide military service for life-time. In the service of a soldier on time can be called, who voluntarily undertakes to provide military service for a limited period of time. A volunteer military service as a special civic commitment can afford who is committed to doing so. For military service in the form of services, except those who have been in a military service in accordance with the first or second sentence, it is also possible to use those who voluntarily undertake to provide services. (3) is to give orders to a soldier. By means of a legal regulation, it is determined who can order on the basis of his/her service, degree of service, special arrangement or explanation of his/her own declaration. Due to the degree of service alone, there is no power of command outside of the service. By means of their own declaration, a power of command may be justified only for assistance in emergencies, for the maintenance of discipline or security, or for the production of a uniform command authority in a critical situation. (4) Disciplinary board member is who has disciplinary authority over soldiers. The detailed rules governing the field of military discipline are laid down. Unofficial table of contents

§ 2 Duration of military service; Service time calculation

(1) The military service relationship begins

1.

in the case of a soldier who is referred to the service in accordance with the fourth section, the date fixed in the letter of appeal for the entry into service,

2.

in the case of a professional soldier or a soldier on a temporary basis with the date of appointment,

3.

in all other cases with the service.

(2) The military service shall end with the expiry of the day on which the soldier is excluded from the Bundeswehr. (3) As a service within the meaning of this Act or the legal regulations issued pursuant to this Act, the soldier may Time of 1. or 16. one month, if another day has been determined for the commencement of the military service because of a weekend, public holiday or an immediately preceding working day, and the soldier shall serve on that day. has taken place. Section 44 (5) sentence 2 shall remain unaffected. Unofficial table of contents

Section 3 Appointment and application principles

(1) The soldier shall be appointed in accordance with his/her suitability, competence and performance regardless of gender, sexual identity, descent, race, faith, belief, religious or political opinion, homeland, ethnic or other origin, and to (2) A lower level of physical fitness may be required in the case of the determination of the serviceability, as well as in the case of appointment and use decisions, in so far as the restriction of physical fitness is due to

1.

a military service damage within the meaning of Article 81 (1) or (2) (1) or (3) of the SoldatenSupply Act, or

2.

a revenue increase within the meaning of Section 63c (2) of the SoldatenSupply Act.

Sentence 1 shall not apply if the soldier has caused the injury intentionally or with gross negligence, unless the exclusion would constitute an undue hardship. (3) Paragraph 2 shall apply accordingly to the reinstatation of former soldiers who do not have Entitlement under the "Use-further-use-law" is entitled. Unofficial table of contents

§ 4 Appointment, Rank of Service, Uniform

(1) An appointment shall be required

1.

on the basis of the employment relationship of a professional soldier or a soldier on a temporary basis (vocation),

2.

for the conversion of the service of a soldier to the service of a professional soldier, or vice versa (conversion),

3.

for the award of a higher degree of service (promotion).

(2) The Federal President shall appoint the professional soldiers, the soldiers on time, and the officers of the reserve. The other soldiers are appointed by the Federal Minister of Defence. The exercise of these powers can be transferred to other bodies. (3) The President of the Federal Republic of Germany shall, unless otherwise provided by law, determine the service degree of the soldiers. He leaves the rules on the uniform of the soldiers. He may delegate the exercise of these powers to other bodies. (4) If a soldier settles his mandate and at that time he acquires a seat again in the German Bundestag or in the European Parliament, the award of a Higher grades are not allowed. Sentence 1 shall apply to soldiers who have been elected to the legislative body of a country, including for the period between two electoral periods. The award of a higher grade of service shall also not be permitted if a professional soldier or soldier has a duty on time whose rights and obligations are based on the provisions of § § 5, 6, 8 and 36 of the Act of Deputies or corresponding legislation in accordance with Section 51 (6) or § 54 (4). Unofficial table of contents

§ 4a (omitted)

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§ 5 Mercy Law

(1) The Federal President shall be entitled to the right of grace in respect of the loss of the rights of the soldiers and of the rights arising from an earlier soldier's relationship. It may transfer the exercise to other bodies. (2) If the loss of the rights of a soldier is completely eliminated in the course of grace, the same shall apply from this date in accordance with Section 42 (1), (2) and (4) of the Federal Civil Service Act.

2.
Obligations and rights of the soldiers

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§ 6 Civil rights of the soldier

The soldier has the same civic rights as any other citizen. Its rights are limited in the context of the requirements of the military service by its legally justified obligations. Unofficial table of contents

§ 7 Basic duty of the soldier

The soldier has the duty to serve the Federal Republic of Germany faithfully and bravely defend the right and freedom of the German people. Unofficial table of contents

§ 8 Entering the Democratic Basic Order

The soldier must recognize the free democratic basic order within the meaning of the Basic Law and enter through his entire behavior for its preservation. Unofficial table of contents

§ 9 Eid and solemn vow

(1) Professional soldiers and soldiers on time shall oath the following oath:
"I swear to serve the Federal Republic of Germany faithfully and to bravely defend the right and freedom of the German people, as true to me God help me."
The oath can also be made without the words "as true to me God". If a federal law permits the members of a religious society, in place of the words "I swear" to use other forms of betting, then the member of such a religious society may speak of this formula. (2) Soldiers who are voluntary service in accordance with § 58b or military service in accordance with the obligations of the German Wehrpflichtgesetz (Wehrpflichtgesetz), they are committed to their duties by the following solemn plea:
"I lied to serve the Federal Republic of Germany faithfully and bravely defend the right and the freedom of the German people." Unofficial table of contents

§ 10 duties of superiors

(2) He is responsible for the prudential supervision and is responsible for the discipline of his subordinates. (3) He has to take care of his subordinates. (4) He may only command orders (5) He is responsible for his orders. (5) He is responsible for his orders. (6) Officers and sub-officers shall, within and outside the service, maintain in their statements the restraint which is necessary to establish trust as superiors in the case of . Unofficial table of contents

§ 11 obedience

(1) The soldier must obey his superiors. He has the best forces to execute their orders in full, conscientiously and immediately. Disobedience does not exist if a command is not followed, which violates human dignity or has not been given for service purposes; the erroneous assumption that it is a command of this kind, does not exempt the soldier from the Responsibility, if he could not avoid the error and was not able to confront him according to the circumstances known to him, with legal remedies against the command. (2) A command must not be followed if this would result in a criminal offence. If the subordinates the command anyway, it is only to blame if he or she recognizes or, in the circumstances known to him, it is obvious that a criminal offence is committed. (3) In relation to persons who are authorized to do so, he or she shall be responsible for the crime. § 62 (1) and § 63 of the Federal Officials Act shall apply mutadenticly to the granting of service orders which do not constitute a command. Unofficial table of contents

§ 12 camaraderie

The cohesion of the Bundeswehr is essentially based on camaraderie. It commits all soldiers to respect the dignity, honor and rights of the comrade and to assist him in distress and danger. This includes mutual recognition, respect and respect for foreign views. Unofficial table of contents

§ 13 Truth

(1) The soldier must tell the truth in the field of service. (2) A message may only be requested if the service justifies this. Unofficial table of contents

§ 14 secrecy

(1) The soldier, even after his departure from the military service, has to maintain secrecy over the matters which have become known to him at or on the occasion of his service. This shall not apply where:

1.

Communications in the field of service are available,

2.

to be informed of facts which are obvious or which do not require secrecy in their importance; or

3.

a factual suspicion of corruption in accordance with the competent supreme service authority, a law enforcement authority or any other authority or extra-service authority designated by the supreme service authority, § § 331 to 337 of the Criminal Code is displayed.

In addition, the obligations laid down by law to indicate planned offences and to enter into force for the maintenance of the free democratic basic order remain unaffected by the first sentence. (2) The soldier shall be entitled to do so without authorisation of such matters. Do not give an explanation or make statements in court or out of court. The permission granted to the disciplinary board, after leaving the military service, granted the last disciplinary authority. § § 68 and 69 of the Federal Officials Act apply accordingly. (3) The soldier has, even after his departure from the military service, at the request of his or her disciplinary officer or the last disciplinary officer in service documents, Drawings, pictorial representations and, if it is necessary in individual cases for reasons of secrecy, to issue records of any kind relating to services, including those relating to reproductions. The same duty applies to his survivors and his heirs. (4) (to be taken away) Unofficial table of contents

Section 15 Political activity

(1) In the service of the soldier, the soldier shall not be in favor of or in favour of a particular political direction. The right of the soldier to express his/her own opinion in an interview with comrades remains unaffected. (2) During leisure time, the right of free expression of opinion within the official accommodation and facilities finds its limits on the basic rules. of the camaraderie. The soldier has to behave in such a way that the commonality of the service is not seriously disrupted. In particular, the soldier must not act as an advertiser for a political group by holding speeches, distributing writings, or working as a representative of a political organization. The soldier must not wear a uniform at political events. (4) As a supervisor, a soldier must not influence his subordinates for or against a political opinion. Unofficial table of contents

§ 16 Behaviour in other States

Outside the scope of the Basic Law, the soldier is denied any interference in the affairs of the host country. Unofficial table of contents

§ 17 Behaviour in and out of service

(1) The soldier must maintain discipline and respect the service position of the superiors in his/her person also outside the service. (2) His conduct must live up to the reputation of the Bundeswehr as well as the respect and trust that his Service as a soldier requires. Except in the case of service, the soldier shall behave in such a way that he does not seriously affect the reputation of the Bundeswehr or the respect and trust that his or her service requires. (3) After leaving the military service, the officer or the lower officer must also live up to the respect and trust required for his/her re-use in his/her rank. (4) The soldier has everything in his power to do so. in order to maintain or restore his health. It must not affect his or her health intentionally or with gross negligence. The soldier shall only tolerate medical interventions in his physical integrity against his will in the case of measures to prevent or combat communicable diseases or to establish his/her service or service; or The basic right under Article 2 (2), first sentence, of the Basic Law is restricted to this extent. Section 25 (3) sentence 3 of the Infection Protection Act shall remain unaffected. If the soldier rejects a reasonable medical treatment and is thereby unfavourably influenced by his/her ability to serve or work, he/she can be refused an otherwise available supply. Not reasonable is a medical treatment associated with a significant danger to the life or health of the soldier, an operation even if it means a significant intervention in the physical integrity. Medical examination measures equivalent to a medical treatment or an operation within the meaning of sentence 6 may not be carried out without the consent of the soldier. Not as a medical treatment or as an operation within the meaning of sentence 6, and not as interventions in physical integrity, simple medical measures shall apply, such as taking blood from the ear lobe, finger or blood or a blood vessel or a blood vessel or a blood vessel or a blood vessel or a blood vessel or a blood vessel. radiological examination. Unofficial table of contents

§ 18 Community accommodation and catering

The soldier is obliged, on a service basis, to reside in a community accommodation and to participate in a communal catering. The administrative provisions necessary for implementation shall be adopted by the Federal Ministry of Defence in agreement with the Federal Ministry of the Interior. Unofficial table of contents

§ 19 Prohibition of the acceptance of rewards or gifts, obligation to publish and provide information

(1) The soldier may, even after his departure from the military service, not claim any rewards, gifts or other benefits for himself or a third party in respect of his or her service activity, promise to be promised or accept. Exceptions require the approval of the highest or the last top service authority. The power of consent may be transferred to other bodies. (2) Anyone who is in breach of the prohibition referred to in paragraph 1 shall, on request, issue the disobedious person on the basis of the non-compulsory conduct, except in the case of the Criminal proceedings have been ordered or else transferred to the State in other ways. The provisions of the Civil Code on the publication of unjustified enrichment shall apply mutas to the extent of the claim for disclosure. The obligation to be issued in accordance with the first sentence also includes the obligation to provide the servant with information on the nature, extent and whereabiation of the landlord. Unofficial table of contents

§ 20 Nebenteability

(1) The professional soldier and the soldier at the time shall require the prior authorisation for the exercise of any secondary activity, with the exception of the final authorization referred to in paragraph 6, insofar as they are not referred to in paragraph 7 of this Article, in accordance with Section 98 of the Federal Officials Act are required to exercise their duties. The same applies to the following free-of-charge secondary activities:

1.

commercial or professional activities or participation in one of these activities; and

2.

Entry into an institution of a company with the exception of a cooperative.

A secondary activity does not apply to the exercise of public honorary offices; their take-over shall be notified in writing to the soldier prior to the commendation of his or her disciplinary board. (2) The authorisation shall be refused if it is to be obtained that the Ancemetiveness shall be adversely affected by service interests. Such a cause of failure shall be in particular where the secondary activity

1.

by the nature and extent of the soldier, to the extent that the proper performance of the service obligations can be impeded,

2.

bring the soldier into a conflict with his official duties, may be detrimental to the reputation of the Bundeswehr, or be exercised in a matter in which the service or unit to which the soldier belongs is acting, or can take action,

3.

may influence the impartiality or impartiality of the soldier,

4.

may lead to a substantial limitation of the military's future serviceability.

Such a reason for failure is generally also available if the secondary activity is due to professional service or work performance, or otherwise according to the type, scope, duration or frequency as the exercise of a second-time profession. The condition set out in sentence 2 (1) shall, as a general rule, be deemed to have been fulfilled if the time-to-use of one or more secondary activities in the week exceeds eight hours. To the extent that the total amount of the remuneration for one or more secondary activities exceeds 40% of the annual final basic salary of the service level of the soldier, there is a reason for the failure to pay. The competent disciplinary authority may allow exceptions if the soldier proves, by stating certain facts, that the period of time during the week does not exceed eight hours or the failure to take account of the circumstances of the individual case would not be appropriate, or if the service interests justify the approval of a secondary activity. For the purposes of the application of sentences 4 to 6, co-operations which are subject to approval and notifiable are to be taken into account. The permit shall be limited to five years at the latest; it may be subject to conditions and conditions. (3) The soldier may only perform ancillary activities outside the service unless, at the request of his or her, he/she is not responsible for the service, he/she shall be entitled to Disciplinary superiors are exercised or there is a service interest in the exercise of secondary activity. The service interest is to be informed. Exceptions may only be permitted on written request in case of special reasons, in particular in the public interest, if the reasons for the service are not contrary to that and the missed service period is completed. (4) The soldier may not be allowed to in the exercise of ancillary activities, bodies, personnel or material of the Dientherrn shall only be used in the presence of a public or scientific interest with the authorization of the latter and against payment of a reasonable fee. The charge shall be measured in accordance with the costs incurred by the service and must take account of the particular advantage that the soldier may benefit from. (5) The authorization shall be granted by the Federal Ministry of Defence; This power is delegated to other bodies. Applications for approval and decisions on these applications must be written in writing. The soldier shall carry out the evidence required for the decision, in particular on the nature and extent of the secondary activity, as well as the charges and monetary advantages thereof; any change shall be notified in writing without delay. (6) Not shall be subject to authorisation

1.

the administration's own assets or the benefits of the soldier,

2.

literary, scientific, artistic or preparatory activities,

3.

self-employed reviewer activities related to teaching or research tasks performed by soldiers as teachers at public universities and at universities in the German Armed Forces, as well as by soldiers at scientific institutes and institutions, and

4.

Activities to safeguard professional interests in trade unions or professional associations or in self-help institutions of the soldiers.

The activities referred to in the first sentence of the first sentence of 1 and 3 and an activity in self-help facilities as set out in the first sentence of the first sentence of the first sentence shall be notified to the competent authority in writing, before they are received, if they are paid for or benefit from a monetary advantage. In doing so, he shall specify in particular the nature and extent of the secondary activity, as well as the estimated level of charges and monetary benefits. The soldier shall notify any change in writing without delay. The competent disciplinary authority may, moreover, require, on the basis of a reasoned request, that the soldier provide in writing, in particular on the nature and extent of, the non-authorisation of a subsidiary subject to a permit. A secondary activity which is not subject to authorisation must be prevented in whole or in part if the soldier violates his duties in the performance of his duties. (7) § 97 (1) to (3), § § 98 and 102 to 104 of the Federal Civil Service Act (Bundesbeamtengesetz) shall apply accordingly. (8) Soldiers who perform voluntary military service in accordance with § 58b or military service in accordance with the obligations of the German Wehrpflichtgesetz (Wehrpflichtgesetz) must not be allowed to exercise a secondary activity unless they endanger their service or the requirements of the service. is in conflict. The same applies to a soldier who has been used for a service in accordance with the fourth section. Unofficial table of contents

§ 20a Activity after the departure from the military service

(1) A professional soldier in retirement or a former soldier who is entitled to a service provision has an employment or other employment outside the public service which has been engaged in his duties in the last five years. in the context of the military service prior to leaving the service and which may be adversely affected by the interests of the service to indicate in writing prior to its inclusion. The obligation to notify ends five years after the departure from the military service. The first and second sentences also apply to former soldiers who are entitled to an old-age pension under the old-age money law. (2) The employment or other employment is to be prevented, to the extent to which it is to be obtained that they affect the interests of the service. . The submission shall be made for the period up to the end of the notification requirement, unless the conditions for a subsac are only available for a shorter period of time. (3) The ad referred to in paragraph 1 shall be sent to the Federal Ministry of Justice the defence, which shall also be responsible for the subsatiation referred to in paragraph 2. It may delegate its responsibility to other bodies. Unofficial table of contents

Section 21 Vormundschaft and honorary offices

The soldier is required to take over a guardianship, care or parish as well as to take over the office of a executor of the executor of the prior authorisation of his or her disciplinary supervisor. It shall be granted if there are no compelling service reasons. The soldier may refuse to take over such an office. An authorisation as set out in the first sentence shall not be required in the case of a free guardianship, care or pardon of a family member; the take-over of such activities shall be notified in writing to the soldier prior to the commending of his or her disciplinary board. Unofficial table of contents

Section 22 Prohibition of the exercise of the service

The Federal Minister of Defence, or the body designated by him, may prohibit a soldier from performing the service on compelling service grounds. The prohibition shall lapse unless a judicial disciplinary procedure, a criminal procedure or a discharge procedure has been initiated by the end of three months against the soldier. Unofficial table of contents

Section 23 Service-related

(1) The soldier shall commit a service if he culpably violates his duties. (2) It shall be deemed to be a service pass,

1.

if a soldier violates his duty of secrecy or violates the prohibition, accepts rewards or gifts or does not display or pursues an activity in accordance with § 20a, after his or her departure from the military service,

2.

if, after leaving the service, an officer or a sub-officer, in accordance with the basic law, does not act in accordance with the basic law or does not live up to the respect for and trust in undignified conduct, necessary for its re-use as a supervisor,

3.

if a professional soldier does not comply with a renewed appointment to the service after entering or retaking the retirement age.

(3) Further information on the prosecution of official misconduct regulates the order of the German military discipline. Unofficial table of contents

§ 24 Liability

(1) If a soldier intentionally or grossly negligently does his duties, he has to replace the Dienstherrn, whose duties he has performed, to replace the resulting damage. If several soldiers have jointly caused the damage, they shall be liable as a total debtor. (2) If the Dienstherr has made damages to third parties, it shall be deemed to be the date in which the Dienstherr becomes aware in accordance with the statute of limitations of the civil service. This is the time when the substitute claim is recognized by the Dienstherrn or the Dienstherrn is legally established by the Dienstherrn. (3) The soldier is a substitute for the Dienstherrn replacement and has a replacement claim against a third party, the replacement claim shall be applied to the soldier. Unofficial table of contents

Section 25 Electoral law; terms of office

(1) If a soldier agrees to his nomination as an applicant for election to the German Bundestag, to the legislative body of a country or to a local representation, he shall immediately inform his next disciplinary board. (2) For the legal status of the professional soldiers and soldiers elected to the legislative body of a country after 1 June 1978, the professional soldiers and soldiers elected to the German Bundestag shall apply for the period of time. relevant provisions in § § 5 to 7, 8 para. 2, § 23 para. 5 and in § 36 para. 1 of the (3) For the activity as a member of a local representation, a committee formed in accordance with municipal constitutional law, or similar institutions in municipal districts, the soldier is the required holiday , with a view to the provision of cash and in kind. The first sentence shall also apply to the honorary members of committees elected by a local representation, who have been formed under a law. Leave in accordance with the first or second sentence can only be denied if, after consideration, the interests of the servant are to be given exceptional priority in relation to the interests of local self-government; in such cases, the decision shall be taken at the time of the Federal Ministry of Defence. (4) If a professional soldier is appointed a member of the Federal Government or a member of the Parliamentary State Secretary to a member of the Federal Government, § 18 (1) and (2) and § 20 of the German Federal Minister of State (Bundesministergesetz) accordingly. This also applies to the appointment as a member of the government of a country or for the entry into an official relationship, which is the responsibility of a Parliamentary State Secretary within the meaning of the Law on the Legal Conditions of Parliamentary State Secretaries . The sentences 1 and 2 apply to soldiers on time, with the proviso that the termination of the service shall be replaced by the application of Section 18 (2) of the Federal Minister's Law to the place of retirement. (5) A professional soldier in a municipal electoral officer relationship on time, with the beginning of which the rights and obligations laid down in the employment relationship as a professional soldier, with the exception of the duty of secrecy (§ 14) and the prohibition of the acceptance of Rewards or gifts (§ 19). Upon termination of the municipal election civil service, the rights and obligations laid down in the employment relationship as a professional soldier rest for a further three months at the latest. They shall return to life at the request of the professional soldier, who shall be present within two months of the end of the municipal election officials ' relationship. If the professional soldier does not submit the application or does not meet the requirements in time, he shall be dismissed as a professional soldier after the end of the three-month period. The provisions concerning the termination of the service of a professional soldier remain unaffected. The sentences 1 to 5 shall apply to the soldier on time. Unofficial table of contents

Section 26 Loss of service

The soldier loses his degree of service only by virtue of law or by right of judgment. The details of the loss of the degree of service by means of a judge's claim regulates the military disciplinary order. Unofficial table of contents

Section 27 Rules

(1) Rules relating to the running paths of the soldiers shall be adopted in accordance with the principles laid down in paragraphs 2 to 6 of this Regulation. (2) At least for professional soldiers and soldiers to be required to do so

1.

for the runways of the sub-officers

a)

the successful attendance of a primary school or an equivalent recognised as an educational institution,

b)

a service period of one year,

c)

the filing of an underofficeration test,

2.

for the running tracks of the officers

a)

a school education or an educational level recognised as equivalent to a university degree,

b)

a service period of three years,

c)

the filing of an officer's examination;

3.

for the career of the officers of the medical service, the Approbation as a doctor, dentist, veterinarian or pharmacist.

(3) In the category of the sub-officers, the runways of the field workers shall be the conclusion of a secondary school or the successful attendance of a secondary school and an eligible completed vocational training or an equivalent recognised as an equivalent (4) For the carriage of soldiers, the general conditions and the minimum service hours shall be determined. Grades that have to be passed through regularly during the running of the track should not be skipped. The Federal Personality Committee decides on exceptions. (5) The ascent from the running tracks of the officers to the running tracks of the officers is also possible without the fulfilment of the entrance requirements. For the ascent, the filing of an officer's examination must be required. (6) The regulation also applies provisions for cases in which a degree course of studies at a scientific university for a particular military use or university of applied sciences or a completed vocational school education, as well as the extent to which an equivalent technical or other technical training can be required instead of the general education. It may determine, for individual groups of officers, that the successful visit to a secondary school or equivalent is sufficient, and that the period of service referred to in paragraph 2 (2) (b) shall be reduced to two years. (7) The special requirements for the examination of the officers and the officers ' examinations shall be determined in accordance with the principles set out in paragraphs 2 to 6 in a regulation. (8) The Federal Personality Committee in the composition for the The soldiers ' affairs are the provisions of Section 8 of the Federal Civil Service Act in accordance with § 120 (2) and (3), with the following conditions:
Permanent regular members are the President of the Federal Audit Office as Chairman, the Head of the Service Law Department of the Federal Ministry of the Interior and the Head of the Human Resources Department of the Federal Ministry of Defence. Non-permanent ordinary members are the head of the Human Resources Department of another top federal authority and three professional soldiers. Deputy members are a civil servant of the Federal Court of Auditors and of the Federal Ministry of the Interior, the head of the personnel department of another top federal authority, an official or professional soldier of the Federal Ministry of Defence and three other professional soldiers. The official or professional soldier of the Federal Ministry of Defence and the rest of the professional soldiers are appointed by the Federal President on a proposal from the Federal Minister of Defence. Unofficial table of contents

§ 28 Holiday

(1) Every year the soldier is entitled to a holiday in the form of a holiday in cash and in kind. (2) The holiday must be denied as long as and as long as there are compelling service requirements of a holiday. (3) The soldier can leave the (4) The grant and the duration of the holiday shall be governed by a regulation of the law. It determines whether and to what extent the money-and in-kind contributions are to be left during a holiday on special occasions. (5) A professional soldier or a soldier on a temporary basis may, on request, with the exception of the free-of-charge remuneration, be able to pay the money and in kind. troop medical care leave for a period of three years with the possibility of an extension for a maximum period of 15 years if he/she is

1.

at least one child under 18 years of age,

2.

other relatives in need of medical advice

is actually caring or caring for. In the case of a soldier on a temporary basis, the grant shall only be permitted to the extent that he is no longer obliged to provide basic military service on the basis of compulsory military service. The application for an extension of a leave of absence shall be submitted no later than six months before the expiry of the approved leave of absence. During the leave of absence, only secondary activities which are not contrary to the purpose of the leave of absence may be authorised. An already approved holiday can be revoked for compelling reasons of defence. (6) If a professional soldier or soldier at the time of his/her preparation agrees to be a candidate for election to the German Bundestag, to the European Parliament or to the shall be granted on request within the last two months prior to the date of election of the vacations required for the preparation of his/her choice, in the absence of the money and in kind. (7) Soldiers shall be entitled to Parental leave, with the exception of the free-of-charge remuneration, excluding the free-of-charge troop medical care. The details will be governed by a legal regulation which takes account of the specific nature of the military service. Unofficial table of contents

§ 28a Holidays to the beginning of retirement

(1) A professional soldier may, after having been employed in the public service of at least 20 years and after completion of the 50. In the case of an application which must cover the period up to the beginning of the retirement, leave shall be granted on the basis of the omission of the remuneration in respect of money and in kind provided that the interests of the service are not in conflict. The Federal Ministry of Defence decides on the holiday request. It may delegate its responsibility to other bodies. (2) The application referred to in paragraph 1 may only be complied with if the professional soldier declares to waive the exercise of secondary activities subject to authorisation during the duration of the leave and to exercise, in accordance with Section 20 (6), non-authorised secondary activities only to the extent that it could exercise them in the event of full-time employment without any breach of service obligations. If this obligation is culpably violated, the holiday shall be revoked. In spite of the declaration of the professional soldier referred to in the first sentence, secondary activities may be authorised provided that they do not run counter to the purpose of granting the leave. The Federal Ministry of Defence may, in special cases of hardship, allow a return from the holiday if the soldier cannot be allowed to continue the holiday. (3) The Federal Ministry of Defence can leave the holiday to withdraw compelling service reasons. Unofficial table of contents

Section 29 Personnel files

(1) A personnel file shall be carried out on each soldier; it shall be treated confidentially and shall be protected by technical and organisational measures against unauthorised inspection. The file can be run in parts or completely automated. The personnel file includes all documents relating to the soldier, insofar as they are in direct connection with his/her service relationship (personnel data). The personnel file does not form part of the documents, which serve special purposes for the purpose of the person and the service, in particular for examination, security and child-related purposes. Personnel data may be used without the consent of the soldier only for the purposes of personnel management and processing as well as for personnel management. Use for purposes other than those referred to in the fifth sentence shall not be applicable where personal data is known to be used in the context of a data protection check to be made known by the person concerned with the performance of the data. The same applies, insofar as, in the context of the data protection or the assurance of the proper operation of a data processing system, a knowledge of the state of the art, which is not to be avoided or is to be avoided only with a disproportionate effort, of (2) The Dienstherr may only collect and use personal data concerning applicants, soldiers and former soldiers, insofar as this is the reason for the establishment, execution, termination or execution of the service or to the Implementation of organisational, human or social measures, in particular (3) Access to the Staff Act may only be granted to persons responsible for personnel matters, and only to the extent necessary for the purpose of: Personnel management or processing is required. Access to decision-relevant parts of the personnel file also have equal opportunity officers, insofar as this is necessary for the performance of their tasks. In accordance with § 4f of the German Federal Data Protection Act (Bundesdatenschutzgesetz), representatives for data protection shall be granted access to the personnel file upon request. Furthermore, access shall be granted to those employed in matters relating to internal audit, insofar as they are able to obtain the findings necessary for carrying out their tasks only in this way and not by means of information from the personnel file. Any inspection in accordance with the fourth sentence shall be subject to the action of a person. The personnel file may be passed on without the consent of the applicant, soldier or former soldier.

1.

to other bodies or to physicians in the Division of the Federal Ministry of Defence, insofar as this is necessary in the context of the purpose of the service relationship,

2.

In offices in other Federal Ministries, insofar as these tasks are performed by personnel processing or personnel management in relation to applicants, soldiers or former soldiers, and the knowledge of the personnel file for the Task perception is required.

The following shall apply to information from the personnel file. To the extent that an information is sufficient, it must be seen from the transfer of the personnel file. Information may be provided outside the scope of the Federal Ministry of Defence except in the cases of sentence 6, without the consent of the applicant, soldier or former soldier, unless compelling reasons are given by the applicant. defence, the defence of a significant impairment of the common good or the protection of legitimate, higher-ranking interests of third parties. Contents and recipients shall be notified in writing to the persons concerned. An automated data retrieval by other authorities is not permitted unless otherwise specified by special legislation. (4) Data on medical and psychological examinations and tests may only be used in the respective service of the German armed forces are processed in automated procedures, insofar as they are necessary for the assessment of the service and the use capacity of the soldier. Only the results of such investigations and tests may be passed on to the Bundeswehr authorities responsible for personnel matters and may be used where this is necessary for the purposes of personnel management and processing. Data on psychological examinations and tests, usually in the form of random samples, may also be processed automatically by the psychological service, insofar as this is necessary in order to ensure that the psychological state of the psychological service is not (b) to improve the procedures for determining the suitability of the appropriation; for this purpose, it may, at his request, provide him with the necessary data for processing, as far as they relate to the results of the investigations and tests. Section 40 (2) of the Federal Data Protection Act applies accordingly. The medical information which determines the service and the use capacity may be transmitted to and stored by a central body for the fulfilment of the medical documentation requirements and for the purpose of securing evidence. (5) The soldier is to be heard on complaints, claims and assessments which are unfavourable to him or which may be detrimental to him, prior to their inclusion in the personnel file. His statement is to be taken on the personnel file. The operations referred to in sentences 1 and 2 shall be removed from the personnel file after two years with the consent of the soldier, unless they are included in a service assessment or are subject to other statutory provisions of a longer repayment period. The time limit for removal shall be interrupted on a regular basis by new facts within the meaning of this provision or by the initiation of a criminal or disciplinary procedure. If the reproach turns out to be unfounded or false, the time limit shall be deemed not to be interrupted. (6) The personnel file of the soldier shall be kept after termination of the military service, in so far as this is in particular for the purpose of fulfilling the Military duty, for reasons of responsibility or for reasons of supply law is required. The personnel documents required for the military service to be used for military service are to be sent to the relevant constituency substitute office; stored data shall be deleted if they are not intended for re-application or for use by the competent authorities. (7) The soldier, even after his departure from the military service, has a right of insight into his complete personnel file. An authorised representative shall be granted an inspection, unless there are any official reasons for the contrary. This shall also apply to survivors and their agents, if a legitimate interest is credibly made. For information from the personnel file, the sentences 2 and 3 apply accordingly. (8) The soldier has a right of insight into other files that contain personal data about him and are used for his/her service, to the extent that he is legally responsible for his/her personal data. nothing else is determined; this does not apply to security records. The inspection shall be inadmissible if the data of the data subject is linked to data of third parties or non-confidential personal data in such a way that their separation is not possible or is only possible with disproportionately great effort. In this case, information should be provided to the soldier. (9) For more details, a legal regulation on

1.

the establishment and management of personnel records of the soldier during the military service relationship and after his departure from the military service relationship,

2.

the procedure for the transfer, retention and destruction or the whereabout of the personnel files, including the transmission and deletion or the whereabout of the information stored in automated procedures, as well as the information contained therein Bodies,

3.

the establishment and operation of automated procedures, including access to the stored information;

4.

the details of the manner in which the personnel file is granted and the information is provided and the information is provided; and

5.

the power of persons within the meaning of Section 203 (1) (1) and (2) of the Penal Code, acting within the framework of the free troop medical care of the soldier, from the Dienstherrn with the investigation of the soldier or with the creation of Opinions on him have been commissioned to disclose personal data subject to medical secrecy.

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§ 30 Money and cash benefits, supply

(1) The soldier shall be entitled to payment of cash and in kind, supply, travel and removal expenses, in accordance with special laws. The non-remunerated supply of troop medical supplies is also part of the factual references. The continuation of the social health insurance for its dependants, the unemployment insurance and insurance in the statutory pension insurance are regulated by law. (2) Warrior for the career of officers of the medical service (medical officers) who are on leave of absence when the money-and in-kind references are omitted, receive free troop medical care, a training allowance (basic amount, family surcharge) as well as one-off payments within the framework of Besolding adjustments according to the Federal Law on Wages and are entitled to Reimbursement of the tuition fees or tuition fees collected on the basis of the relevant national legislation. The amount of the training allowance shall be determined by means of a legal regulation, taking into account the remuneration of the grades of service which the health officer contenders during their training. The regulation also regulates the provision of the training money and the calculation of income from an activity related to the training. (3) § § 76, 84a and 96 (2) of the Federal Civil Service Act (Bundesbeamtengesetz) apply. (4) A jubilee grant can be granted to the soldiers on service jubilees. (5) Soldatinnen shall be entitled to maternity protection in the appropriate application of the Maternity Protection Act (Maternity Protection Act). The more detailed rules are laid down in a regulation which takes account of the specific nature of the military service. Unofficial table of contents

Section 30a Part-time employment

(1) A professional soldier or a soldier on a temporary basis may, in principle, only after four years of his/her time of service, at the request of part-time employment, at least half of the frame service period and up to the duration requested, for a maximum period of time, for the period of shall be granted for twelve years, in so far as important service reasons do not prevent him from actually caring for or caring for at least one child under the age of 18 years or other relatives who are in need of care in accordance with medical advice. To the extent that the right to parental leave pursuant to § 28 (7) exists, part-time employment may also be granted in lieu of parental leave to the extent of less than half of the frame service period. The right to parental leave is reduced by the time in which this part-time employment is taken up. (2) The Federal Ministry of Defence decides on the application or the body appointed by it. The reasons for the rejection of applications shall be explained in detail. An application may only be complied with if the soldier undertakes to enter into secondary activities during the period of approval only to the extent that, in accordance with Section 20, the soldiers employed in full-time are responsible for the exercise of secondary activities is permitted. Only secondary activities which do not run counter to the purpose of the part-time authorisation may be authorised. If the obligation under sentence 3 is culpably violated, the authorization shall be revoked. (3) The competent authority may also subsequently limit the duration of part-time employment, increase the volume of working time to be paid or the duration of the working time. Authorisation shall be revoked, insofar as compelling service reasons so require. It is intended to allow the transition to full-time employment if the soldier is no longer able to work part-time and is unable to meet the needs of the service. (4) The basis for the assessment of working time within the meaning of Article 6 (1) of the In the case of part-time workers, the Federal Law on Remuneration (Bundesbesoldungsgesetz) is the framework service period. (5) The details of the part-time employment of the soldiers are regulated by a regulation in which certain uses or troop parts are also defined. , part-time employment cannot be considered. Unofficial table of contents

§ 30b Meeting of leave and part-time employment

Vacations pursuant to § 28 (5) and (28a) and periods of part-time employment pursuant to § 30a may not exceed a duration of 15 years. Unofficial table of contents

§ 30c Working time

(1) The regular working time of the soldiers is 41 hours per week. Exceptions may apply to severely disabled soldiers, to soldiers with educational and caring duties, to soldiers who have been granted the management of a long-term account, for managers of the brigadier-general or comparable Degrees of service upwards and on standby. Working time is the time from the beginning to the end of the service without the rest periods. (2) The soldier is obliged to provide military service beyond the regular weekly working time, insofar as the special features of this service are and the additional work is limited to exceptions. If he is subject to more than 5 hours per month of regular working hours by means of a service arranged or approved, he/she shall be granted the corresponding exemption for this additional work within one year. This does not apply in so far as a service exemption is not possible for compelling service reasons. (3) In the case of on-call time, regular working hours can be adequately extended in accordance with the service requirements. In curative medical facilities of the Bundeswehr, working time can be extended to up to 54 hours in the seven-day period, if

1.

there is a compelling service requirement for this purpose,

2.

the soldier agrees to do so in writing or electronically, and

3.

observes the general principles of safety and health protection.

(4) Paragraphs 1 to 3 shall not apply to activities within the framework of:

1.

Operations and the same obligations, in particular:

a)

in the context of mandated missions abroad,

b)

on national defence, in the event of tension or in the context of the internal state of emergency,

c)

in the context of national crisis prevention,

d)

on alliance defence in the context of the North Atlantic Treaty Organization and

e)

on participation in military tasks within the framework of the United Nations or the Common Security and Defence Policy of the European Union,

2.

Mutual assistance in the event of natural disasters or particularly serious accidents, and in the context of urgent urgent assistance, humanitarian aid and assistance pursuant to Article 2 (2) sentence 3 of the Parliament Participation Act,

3.

Multi-day maritime trips,

4.

Alerts and concoctions and military training for the preparation of operations and uses in the cases of paragraphs 1 and 2, and

5.

Training and training projects in which conditions of use are simulated in accordance with points 1 and 2.

(5) A legal regulation shall determine the following:

1.

on the organisation of working time, in particular

a)

of their duration,

b)

to the possibilities of their flexible design,

c)

to check their compliance and

d)

at the same time, as well as

2.

to ensure maximum occupational and health protection in the activities referred to in paragraph 4.

Control of the observance of working time by means of automated data-processing systems shall be permitted, insofar as these systems require the participation of the soldier. The data collected may only be used for the purposes of the control of working time, the protection of occupational health and safety regulations and the specific use of personnel, as far as this is necessary for the purpose of the task of the relevant competent authority. is. The legal regulation provides for the deletion periods for the data collected. The Regulation may allow for the testing of innovative and flexible working time models with long-term accounts, with the option of allowing a long-term account to be credited on a request for a relaxing holiday. The legal regulation may also provide for the discretion of the right to authorise leave in connection with the activities referred to in paragraph 4.

Footnote

§ 30c: Inc. by Art. 5 No. 7 G v. 13.5.2015 I 706 mWv 23.5.2015, § 30c para. 1 to 4 italic pressure mWv 1.6.2016 Unofficial table of contents

§ 31 Care

(1) The Federation shall ensure the welfare of the professional soldier and the soldier on time and their families, including the post-service period, within the framework of the service and loyalty of the soldier. He also has to provide for the good of the soldier, who performs voluntary military service in accordance with § 58b or military service in accordance with the Fourth or Fifth Section or the Wehrpflichtgesetz; the care for the family of the soldier during the Military service and its integration into the professional life after leaving the military service are regulated by law. (2) § 80 of the Federal Civil Service Act and the legal regulation issued on the basis of Section 80 (4) of the Federal Civil Service Act are on

1.

Soldiers who are entitled to salary or training allowance or who are entitled to parental leave; and

2.

Beneficiaries with entitlement to pensions under the Second Part of the SoldatenSupply Act

shall apply accordingly. This shall also apply for a period in which, in accordance with Section 11 (7) of the Soldatenpensions Act, transitional fees are not due, because supply sickness benefit is granted in accordance with § 16 of the Federal Law of Supply Act or under other laws, which the § 92 (5) of the Federal Civil Service Act (Bundesbeamtengesetz) is to be applied accordingly. (4) Non-eligible expenses are expenses of professional soldiers, and the following conditions are applicable. Soldiers on time, to whom, pursuant to Section 69 (2) of the Federal Law on Soldiers (5) Aid is not granted

1.

Soldiers, as long as they are in an aptitude exercise, unless they would be eligible to exercise the public service without being convened, and

2.

Beneficiaries for the duration of employment in the public sector, which establishes eligibility for state aid on the basis of rules on civil servants ' legislation.

(6) In the case of overlapping of several aid authorizations, the eligibility of the aid under a new pension shall be granted on the basis of previous pensions. (7) By way of derogation from paragraph 5, point 1, professional soldiers (8) In a legal regulation, it may also be possible for soldiers to be appointed to the employment status of a professional soldier or soldier on a temporary basis after the exercise of the aptitude test. , soldiers with family responsibilities within the meaning of Section 4 (1) of the To reimburse the costs of a family and household aid in the form of special uses abroad pursuant to § 56 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), due to the pre-operative training of the German Federal Law on Employment and Soldiers ' Rights. in order to achieve this by using the same obligations or by means of continuous operational tasks. As a condition for reimbursement, it should be specified that:

1.

the soldier immediately indicates to the next higher disciplinary supervisor a care or nursing situation,

2.

the situation in carrying out the use is only manageable through an external care or caring force not belonging to the close reference persons,

3.

for serious service reasons, the soldier cannot be removed from the intended or ongoing use,

4.

the costs cannot be reimbursed only in part, in accordance with other provisions, and

5.

the costs are proven.

The refund shall be limited to a maximum of 50 euros per day. The legal regulation regulates the details of the claims and the procedure. Unofficial table of contents

Section 32 Service-time certificate and certificate of service

(1) After termination of his military service, the soldier receives a service-time certificate. At the request of his/her next disciplinary board member, he shall, on a period of service of at least four weeks, be issued with a certificate of service concerning the nature and duration of the essential services he has held, his management, his/her management, his/her duties, and his/her work. The service and its performance in the service provide information. The Federal Ministry of Defence may determine the jurisdiction in accordance with the second sentence. (2) The soldier may apply for a preliminary certificate of service at an appropriate time before the end of the service. Unofficial table of contents

Section 33 Civil and international teaching

(1) The soldiers receive civic and international teaching. The supervisor responsible for the teaching must not limit the treatment of political questions to the presentation of a one-sided opinion. The overall picture of the teaching is to be designed in such a way that the soldiers are not influenced in favor or in favor of a particular political direction. (2) The soldiers are about their civic and international obligations and To teach rights in peace and war. Unofficial table of contents

Section 34 Complaint

The soldier has the right to complain. The details of the German Wehrbeschwerdeordnung (German Army) are Unofficial table of contents

Section 35 Participation rights of the soldiers

The participation of the soldiers regulates the Soldatenbeteiligungsgesetz. Unofficial table of contents

§ 35a Participation in the design of the service law

§ 118 of the Bundesbeamtengesetz (Federal Officials Act) shall apply mutas to the participation in the design of the service law of the soldiers. Unofficial table of contents

§ 36 Pastoral care

The soldier has a claim to pastoral care and undisturbed religious practice. Participation in the divine service is voluntary.

Second section
Legal status of the professional soldiers and the soldiers on time

1.
Rationale of the service

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§ 37 Requirement of appeal

(1) In the service relationship of a professional soldier or a soldier on a temporary basis, only those who are

1.

is German within the meaning of Article 116 of the Basic Law,

2.

offers assurance that it will at all times enter into the free democratic basic order within the meaning of the Basic Law,

3.

the character, mental and physical aptitude required to perform his duties as a soldier.

(2) The Federal Ministry of Defence may, in individual cases, grant exemptions from paragraph 1 (1) if there is a service requirement for that purpose. Unofficial table of contents

§ 38 Obstacles to appeal

(1) In the service relationship of a professional soldier or a soldier on a temporary basis shall not be appointed who

1.

by a German court for a crime of imprisonment of at least one year or for an intentional act which, in accordance with the provisions on the offence of peace, treason, endangering the democratic rule of law or treason, and the threat to external security is punishable by imprisonment,

2.

does not have the ability to hold public offices as a result of judicial proceedings,

3.

is subject to a measure of improvement and security in accordance with § § 64, 66, 66a or § 66b of the Criminal Code or the security custody pursuant to the provisions of § 7 or § 106 of the juvenile justice law, as long as the measure rule is not completed.

(2) The Federal Ministry of Defence may, in individual cases, grant exemptions from paragraph 1 (1). Unofficial table of contents

Section 39 Justification of the employment relationship of a professional soldier

The employment relationship of a professional soldier can be called

1.

Sub-officers with the promotion to the field webel,

2.

Officer contenders after completion of the training course provided for their careers with the carriage to the lieutenant, but only with the transport to the staff of the staff, staff veterinarian or staff pharmacist as well as Military music officer-Anwärter first with the promotion to the captain,

3.

Officers on time,

4.

Officers of the reserve.

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Section 40 Justification of the service of a soldier on time

(1) The appointment to a service as a soldier on a period of time is permissible at the most up to a service period of 25 years, but not over the 62. Life year. For officers in the careers of the Sanity Service, the Military Music Service and the German Federal Armed Forces ' Geoinformation Service, the completion of the 65. Year of age the age limit for a service as a soldier on time. If urgent service reasons require this on a case-by-case basis, it is also permissible to appeal beyond the age limit of sentence 1, at the latest until the age of 65 is completed. (2) The duration of the appeal may be extended on a voluntary basis within the limits of paragraph 1. (3) The duration of the appointment of a soldier, the holder of an inclusion note (Section 9, paragraph 1, point 1) (4) The duration of the appointment of a soldier whose military training was before the beginning of a military service shall be extended without the restrictions laid down in paragraph 1 until the date of appointment as an official. Parental leave according to § 28 (7) already more than six months with a study or a In the absence of the restrictions laid down in paragraph 1, professional training is or has been extended by the duration of parental leave. The same applies to a soldier who has taken up part-time employment in accordance with § 30a; the duration of the appointment is extended by the difference between part-time employment and full-time employment. (5) Is a soldier on a temporary basis during a period of time. special foreign use at the time of the expiry of his period of service for the purpose of abducting, captivity or other reasons connected with the service, which he has not to represent, deprived of the sphere of influence of the dientherrn, the duration of the appeal shall be extended without the restrictions referred to in paragraph 1 to Expiration of the month following the end of this state. This also applies to other uses abroad with a comparable risk situation. (6) The military service is included in the service period, which has been carried out in the Bundeswehr until the appointment of a soldier on a temporary basis. (7) The time of service of a soldier on a temporary basis may be shortened if this is in the interest of the service. The shortened period of service shall include the period of exemption from the military service necessary to carry out the professional promotion. (8) Even without a request under paragraph 7, it may be determined that the period of service shall not apply in accordance with the first sentence of paragraph 4. , if, exceptionally, there is no official interest in the extension. The intention to make use of this possibility is already to be opened in the context of the processing of an application for the granting of parental leave. The decision shall be taken at the latest with the authorisation of the parental leave. Paragraph 7 shall, moreover, remain unaffected. Unofficial table of contents

Section 41 Form of reasoning and conversion

(1) The establishment of the service and its conversion shall be effected by the handing out of a certificate of appointment. In the document must be included

1.

in the explanatory statement, the words 'on the basis of the service of a professional soldier' or 'on the basis of the service of a soldier on a temporary basis',

2.

in the case of conversion, the words determining the type of service referred to in point 1.

In place of the words "under appeal", the words "I am based" may be used. (2) The justification and the conversion shall be effective with the day of delivery of the certificate of appointment, if not expressly determined in the document a later day (3) If, in the case of the appointment to the duty of a soldier, a later day is determined as the day of delivery of the document for the effective date of the appointment, the soldier shall have his duty to act on that day. The appointment shall be withdrawn before they become effective if it is found that the appointment to the service of a soldier is inadmissible in accordance with § 37 (1) and (38). (4) The appointments of several soldiers may be made in a document will be available. The issuing of the certificate of appointment shall be replaced by a copy of the part of the instrument relating to the soldier. (5) The document shall not be replaced by the form prescribed in the second or third sentence of paragraph 1, the Appointment as effective from the outset in the intended form, if it is clear from the document or from the file contents that the body responsible for the appointment in accordance with § 4 (2) shall establish a specific soldier's relationship or was to convert existing soldier relationships to such a different kind, for which the other Prerequisites are available.

2.
Transport

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§ 42 Form of transport

(1) The carriage of a professional soldier and a soldier on a temporary basis shall be in possession of a certificate of appointment in which the name of the higher grade must be included. The carriage of several soldiers can be carried out in a document. (2) The carriage to a crew service level, the carriage of an officer's officer to a level of sub-officers, and the carriage of a field weatherwarder to the The subofficial and the officer of the staff shall take effect on the official notice to the person to be appointed, but not before the date specified in the appointment certificate. The soldier is to certify the day of the official announcement of his promotion. (3) For the carriage by handing out a certificate, § 41 para. 2 applies and, if the carriage of several soldiers is in a certificate, § 41 para. 4 sentence 2 accordingly. In exceptional cases, in particular when the person to be transported is located outside the territory of the Federal Republic of Germany, the apposite authority may order the service to be notified of the service. In this respect, paragraph 2 shall apply accordingly, with the proviso that the soldier is to be handed the certificate or the copy immediately.

3.
Termination of service

a)
Termination of the service of a professional soldier

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§ 43 Termination Reasons

(1) The employment relationship of a professional soldier ends by retirement or retirement in accordance with the provisions on the legal status of the professional soldiers in retirement. (2) The service shall also end by:

1.

conversion,

2.

Dismissal,

3.

the loss of the legal status of a professional soldier; or

4.

Removal from the service by judgment in a judicial disciplinary procedure.

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Section 44 Admission or remission to retirement

(1) A professional soldier shall retire at the end of the month in which he has reached the general age limit laid down in accordance with Section 45 (1). Entry into retirement may, for official reasons, be postponed until the end of 31 March or 30 September following the achievement of the general age limit. If urgent service reasons require the continuation of the service in individual cases, the Federal Ministry of Defence may postpone the entry into retirement, but for no more than three years. Entry into retirement may, at the request of the professional soldier, be deferred for up to one year if this is in the interest of the service. The application is to be made no later than three years before the general age limit is reached. Is a professional soldier during a special use abroad at the time of the scheduled entry into retirement for disappearance, captivity or any other related reasons which he has not to represent, to the The area of influence of the Dientherrn is withdrawn, the entry into retirement is to be pushed out until the end of the month following the end of this condition; this also applies to other uses abroad with comparable risk situation. (2) A professional soldier may be retired at the end of a month, if it has exceeded the special age limit laid down in accordance with section 45 (2). A request from the professional soldier to continue the employment relationship up to a period of two years after exceeding the particular age limit shall be appropriate if it is in the interest of the service. The first sentence of paragraph 1 shall apply mutatily for the application. Provision shall also be made in these cases for the time specified in the first sentence. (3) A professional soldier shall be retired if he or she is responsible for his physical condition or for health reasons. Service obligations are permanently incapable of service (incapacitated). He may be regarded as incapable of service even if, on the basis of the circumstances set out in the first sentence, the restoration of his capacity to fulfil his duties is not to be expected within a year. (4) The invalidity of the service shall be in response to the opinion of a Federal Armed Forces ' physician, or upon request, it was established. If the professional soldier does not himself have made the application for retirement, he shall be informed, stating the reasons for his/her retirement, to be heard; he shall be heard. The professional soldier is obliged to investigate the doctors of the German Armed Forces or physicians for this purpose and, if they declare it necessary, to be able to observe them. The body that is crucial to retire can also collect other evidence. In addition to the cases in which this is evident, it is only after six months of treatment that the restoration of the serviceability is not to be expected within a year. (5) The entry or the translation in retirement presupposefully that the professional soldier

1.

has completed a service period of at least five years, or

2.

as a result of military service damage, which he has received without gross negligence, has become incapable of service or can be regarded as incapable of service.

The calculation of the service period within the meaning of point 1 regulates the SoldatenSupply Act. (6) The retirement will be provided by the body which would be responsible for the appointment of the professional soldier in accordance with Section 4 (2). The professional soldier shall be provided with the professional soldier in writing. It may be revoked until the beginning of retirement if the continuation of the service is reasonable, taking into account the personal, in particular domestic, professional or economic circumstances, or if the tension is or defence case. In the cases referred to in paragraph 2, the professional soldier shall be informed, at least one year before the date of leaving, that his retirement is intended; the decision by which he is retired shall at least three months before the day of leaving. In the cases referred to in paragraph 3, the retirement shall begin with the end of the three months following the month in which the retirement has been communicated to the professional soldier. (7) The retirement or retirement shall have the effect of reretirement. Professional soldier the right to use his grade of service with the addition " out of service (a. D.) ". Unofficial table of contents

§ 45 Age limits

(1) The following general age limits shall be fixed for professional soldiers:

1.

the completion of the 65. Year of life for generals and colonels as well as for officers in the careers of the medical service, the military music service and the German Federal Armed Forces ' Geoinformation Service,

2.

the completion of the 62. Life year for all other professional soldiers.

(2) The specific age limits of professional soldiers shall be as follows:

1.

the completion of the 62. for the officers referred to in paragraph 1 (1),

2.

the completion of the 61. Life year for lieutenant colonel,

3.

the completion of the 59. Life Year for Majors and Chief of Staff,

4.

the completion of the 56. Life year for the main people, lieutenant colonel and lieutenant,

5.

the completion of the 55. Year of life for professional subofficers,

6.

the completion of the 41. Life year for officers used in jet-powered fighter planes as an aircraft leader or weapons system officer, the completion of the 40. Years of life, insofar as they are incapable of being used for the use of defensive flier.

(3) The age limits referred to in paragraphs 1 and 2 shall also apply to the professional soldiers of the Navy with equivalent grades. (4) The average retirement age of all professional soldiers shall be at least two years from 2024 over the Retirement age according to the status of 1 January 2007. The Federal Ministry of Defence reports on this issue to the German Bundestag every four years, for the first time in 2018. (5) § 147 (3) of the Federal Officials Act applies accordingly. Unofficial table of contents

§ 45a Conversion

(1) A professional soldier shall request the conversion of his/her service to that of a soldier on a temporary basis, may be granted to the application if there is an interest in the service. (2) The service period shall be the one for the purpose of carrying out the professional promotion (3) In the case of the conversion, the conditions of § 46 (3) do not have to be fulfilled. Unofficial table of contents

Section 46 Dismissal

(1) A professional soldier shall be dismissed if he loses the property as a German within the meaning of Article 116 of the Basic Law. The Federal Ministry of Defence decides whether this condition exists and determines the date of termination of the service. (2) A professional soldier is to be dismissed,

1.

if it should not have been appointed for one of the reasons referred to in paragraph 38 and the obstacle still persists,

2.

if he brought about his appointment by coercion, fraudulently deception or bribery,

3.

if it is found that, prior to his appointment, he has committed a criminal offence which makes him unworthy of the appointment of a professional soldier, and has therefore been or will be sentenced to a penalty;

4.

if he refuses to take the oath,

5.

if, at the time of appointment, he was a Member of the European Parliament, the Bundestag or a Landtag, and did not lay down his mandate within the appropriate time limit set by the Federal Ministry of Defence;

6.

if, in the cases of § 44 (1) to (3), the conditions of § 44 (5) are not fulfilled,

7.

if it is recognised as a conscientiously objector; this dismissal shall be deemed to be dismissal on its own request, or

8.

if he/she takes his residence or permanent residence outside the scope of this Act without the permission of the Federal Ministry of Defence.

In the cases referred to in point 2 of the first sentence, the Federal Ministry of Defence may grant an exception for reasons of special hardship. In the cases referred to in the first paragraph of sentence 8, the Federal Ministry of Defence may delegate its responsibility to other bodies. (3) The professional soldier may at any time request his/her dismissal; in so far as his military training is completed with a degree or However, this does not apply until after a period of service which corresponds to three times the duration of the studies or the technical training, and at the latest after ten years. In the case of a legal regulation, a longer than three-fold duration may be required for certain uses because of the level of the costs associated with the study or the specialized training, or on the basis of other special studies or training-related features. (3a) A professional soldier shall be dismissed if he is appointed as an official. The dismissal shall be deemed to be on its own request. Sentence 1 shall not apply if the professional soldier

1.

in a civil servant relationship as an honorary official, or

2.

as professor, junior professor, academic or artistic staff member at a university which is state-approved or approved by state law and whose staff is at the service of the federal government, in an official relationship of time

shall be called. Sentence 1 shall likewise not apply as long as the Federal Ministry of Defence or a body designated by it has not agreed in its division of dismissal in accordance with the first sentence. The consent shall be granted if the soldier in accordance with paragraph 3 may require his dismissal. In addition, consent can be granted taking into account the service interests of the Bundeswehr. (4) If the occupational soldier has taken parental leave in accordance with Section 28 (7) following a course of studies or a specialist training, extended the period of service referred to in paragraph 3 shall take place at that time, in so far as the course of study or training has taken more than six months; the maximum period of ten years shall remain unaffected. The same shall apply to a professional soldier who has taken up part-time employment in accordance with Article 30a; the period of service referred to in paragraph 3 is extended by the difference between part-time employment and full-time employment. (5) The professional officer may also (6) Before the end of the period of service referred to in paragraphs 3, 4 and 5, the professional soldier shall be on his or her own. request to be dismissed if the remaining in service for him is personal, in particular domestic, professional or economic reasons would constitute a particular hardship. (7) The request for dismissal must be declared to the disciplinary board in writing. The declaration may be withdrawn within two weeks of access by the disciplinary authority, as long as the injunction has not yet been received by the soldier, with the agreement of the body responsible for the dismissal also after the date of receipt of the request. Expiry of this period. The dismissal is to be pronounced in respect of the time requested, but may be deferred until the professional soldier has completed his duties properly, for a maximum period of three months. (8) A lieutenant may be present in the Exceptional cases until the end of the third year of service as an officer, at the latest before the end of the tenth year of the total service period in the Bundeswehr, will be dismissed due to lack of suitability as a professional officer. The service period to be granted in these cases regulates the SoldatenSupply Act. Unofficial table of contents

§ 47 Jurisdiction, duty of consultation and time limits for dismissal

(1) Unless otherwise provided by law, the dismissal shall be provided by the body which would be responsible for the appointment of the professional soldier pursuant to § 4 (2). (2) The professional soldier shall be heard before the decision on his dismissal. (3) The Dismissal must be provided in the cases of Article 46 (2), first sentence, No. 2 and 3 within a period of six months, after the Federal Ministry of Defence or the body responsible for the exercise of the power to dismise has been transferred, has been informed of the reason for the dismissal. (4) The dismissal order must be sent to the soldier in the Cases of § 46 (2) sentence 1 no. 6 in the case of invalidity at least three months before the date of release and in the cases of § 46 para. 8 at least six weeks before the date of release at the end of a calendar quarter of the year under written indication are delivered to the reasons. Unofficial table of contents

Section 48 Loss of the legal status of a professional soldier

The professional soldier loses his legal status if he is recognized against him by a judgment of a German court within the scope of the Basic Law

1.

the penalties referred to in § 38, the measures to be taken or the minor consequences,

2.

to a custodial sentence of at least one year on account of intentional acts or

3.

to imprisonment of at least six months for bribery, insofar as the deed relates to a service of conduct in the military service.

The same applies if the professional soldier has had a fundamental right under Article 18 of the Basic Law on the basis of a decision of the Federal Constitutional Court. Unofficial table of contents

Section 49 Effects of dismissal and loss of legal status of a professional soldier

(1) The affiliation of the professional soldier to the Bundeswehr ends with the termination of his/her service by dismissal in accordance with § 46 or by loss of his legal status as a professional soldier in accordance with § 48. (2) In the cases of § 46 (1) and 2 sentence 1 no. 1 to 4, 7 and 8 and § 48 the soldier loses his grade of service. (3) After the loss of his legal status as a professional soldier and after the dismissal, the former professional soldier has no right to remuneration and supply with the exception of the (4) A former professional soldier, the minimum service period determined before the expiry of the minimum service period referred to in Article 46 (3)

1.

has been dismissed on his or her application or has been dismissed on his/her own request,

2.

has caused his dismissal in accordance with section 46 (8) intentionally or with gross negligence,

3.

has lost its legal status, or

4.

has been removed from the service by judgment in a judicial disciplinary procedure,

must reimburse the costs incurred in the course of studies or specialist training. Under the same conditions, a former professional soldier in the career of the officers of the medical service must reimburse the training allowance granted to him as an officer of the medical officer. The refund may be waived in whole or in part if it would constitute a special hardship for the former soldier. (5) The Federal Ministry of Defence may grant permission to a dismissed professional soldier to grant his/her permission to Service level with the addition " except service (a. D.) ". Permission is to be withdrawn if the former professional soldier proves to be unworthy of her. The Federal Ministry of Defence may delegate its responsibility to other bodies. Unofficial table of contents

Section 50 Replacement in the one-way retirement

(1) The President of the Federal Republic of Germany may, at any time, place the professional officers of the Brigadier General and the corresponding grades upwards in the permanent retirement age. (2) The provisions of § § 56, which apply to the official retirement of the civil servants. 57 and 58 (1) of the Federal Civil Service Act shall apply accordingly. The professional officer who has been suspended in the end-of-life retirement age shall be deemed to be permanently retired with the attainment of the general age limit. Unofficial table of contents

Section 51 Reuse

(1) A former professional soldier who retired because of reaching a general age limit or who has been retired because of a particular age limit may, by the end of the month in which he or she has retired, be retired. 65. The re-use of a professional soldier shall be used for the re-use of at least one year and not more than two years if re-use is completed, taking into account the (2) In the cases referred to in paragraph 1, the professional soldier shall enter into force at the end of his or her retirement age. the period fixed for re-use. (3) § 44 (1) sentence 6 (4) If a professional soldier who has been retired because of incapacity to retire has become capable of reworking, he may be reappointed to the employment relationship of a professional soldier if no five have been retired since the retirement. years have passed and the general age limit has not yet been exceeded. If he requests his revocation in the employment relationship of a professional soldier, this application must be accepted under the conditions set out in sentence 1, if there are no compelling service reasons. (5) In the cases referred to in paragraphs 1 and 4, retirement ends with renewed appeal to the service of a professional soldier. (6) A professional soldier whose rights and duties are based on the provisions of § § 5, 6, 8 and 36 of the Act of Members of the European Parliament or of corresponding legislation may be used on his application for services in accordance with § 60 up to three months. Unofficial table of contents

§ 51a (omitted)

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Section 52 Resumation of the procedure

If a judgment with the consequences of § 48 in the retrial is replaced by a judgment which does not have these consequences, § 42 para. 1, 2 and 4 of the Federal Civil Service Act shall apply accordingly. Unofficial table of contents

Section 53 Conviction after termination of service

(1) A professional soldier in retirement or a former professional soldier,

1.

has been given a decision which would have resulted in the loss of his/her status as a professional soldier pursuant to Article 48 of the Act, in respect of an act which he committed before the termination of his service; or

2.

by a German court within the scope of the Basic Law because of an act committed after termination of his service

a)

because of an intentional act to imprisonment of at least two years, or

b)

because of an intentional act punishable under the rules on peace treason, treason, threats to the democratic rule of law or treason and threats to external security, to imprisonment of at least six months

has been condemned,

loses its degree of service and its claims to supply with the exception of the supply of employment. The same applies if a professional soldier in retirement or a former professional soldier has had a fundamental right under Article 18 of the Basic Law on the basis of a decision of the Federal Constitutional Court. § 52 applies accordingly. (2) Section 30 (2) of the German Code of Compulsory Law does not apply.

b)
Termination of service of a soldier on time

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§ 54 Termination Reasons

(1) The service of a soldier on time ends with the expiry of the time for which he is appointed to the service. The service also ends at the end of the month in which the termination of the right from the classification certificate (§ 9 (5) of the SoldatenSupply Act) has been found to be indisputable. (2) The service shall also end by

1.

Dismissal,

2.

Loss of the legal status of a soldier at the time of § 48,

3.

Distance from the duty of a soldier on time.

(3) If there are compelling reasons for the defence, the time fixed for the service may be:

1.

the general rule of law, or

2.

in individual cases by the Federal Ministry of Defence

for a period of up to three months. (4) A soldier at a time whose rights and duties rest on the basis of § § 5, 6, 8 and 36 of the Act of Deputies or corresponding legislation may, upon his request, be extended to Services according to § 60 up to three months duration are used. Unofficial table of contents

Section 55 Dismissal

(1) For the soldier on time, § 46 (1), (2), first sentence, points 1 to 5, and 7 and 8, and sentences 2 and 3 shall apply accordingly. Article 46 (3a) applies, with the exception of the fifth sentence, with the proviso that a soldier is not dismissed at the time when he or she is the official for revocation in the preparatory service or for the purpose of training as a law enforcement officer or for the purpose of training. Officials of the emergency service of the professional fire brigade. In the case of a soldier appointed on the basis of a nomination of an official, § 46 (3a) sentence 1 shall apply. (2) A soldier on time shall be dismissed if he is incapable of service. § 44 (3) sentence 2 and (4) shall apply accordingly. (3) A soldier on time shall be dismissed upon his request if the remaining in the service for him is a particular hardship because of personal, especially domestic, professional or economic reasons. (4) A soldier on time can be dismissed in the first four years of his service if he no longer fulfils the requirements to be placed on him in his career. An officer contender who did not turn to the officer, a medical officer, who did not turn to the medical officer, a military music officer, who did not go to the military music officer, a field weaver, who did not turn to the Sergeant, and A subofficial candidate who is not a subofficial shall be dismissed without prejudice to the sentence 1. If he had previously been used in another career, he should not be dismissed but returned to the same as far as he or she still has a grade corresponding to that career. (5) A soldier on a temporary basis may be present during the first four years of service. be dismissed without notice if he culpably violated his duties and his/her failure to work would seriously jeopardise the military order or the reputation of the Bundeswehr. (6) For the jurisdiction, which The obligation to consult and the time limits for dismissal shall apply mutas to § 47 (1) to (3). In the cases referred to in paragraph 2, the dismissal order must be sent to the soldier for at least three months and in the cases referred to in paragraph 4, at least one month before the date of release, with a written indication of the reasons for which he is to be sent. For soldiers who can obtain a classification certificate (Section 9 (1) (2) of the SoldatenSupply Act) and have applied for the grant, the period shall be one year in the cases referred to in paragraph 2. In the cases referred to in paragraph 3, Section 46 (7) shall apply mutatily. Unofficial table of contents

§ 56 Consequences of the dismissal and loss of the legal status of a soldier on time

(1) With the termination of his/her service by the time lapse pursuant to § 54 (1), by dismissal pursuant to § 55 or by the loss of his legal status as a soldier at the time pursuant to § 54 paragraph 2 no. 2, the soldier's membership shall expire at the time of the Bundeswehr. (2) With the dismissal according to § 46 (1) and 2 sentence 1 (1) to (4), (7) and (8) and in accordance with § 55 (5) as well as with the loss of his legal status as a soldier at the time, the soldier loses his grade of service. (3) After the loss of his Legal status as a soldier on a temporary basis and, unless otherwise provided by law, after the dismissal the former (4) A former soldier whose military training was linked to a course of study or to a specialist training and who was a former soldier who was not entitled to pay for his or her employment.

1.

has been dismissed on his or her application or has been dismissed on his/her own request,

2.

has caused his dismissal in accordance with Section 55 (4) intentionally or with gross negligence,

3.

has been dismissed pursuant to section 55 (5),

4.

has lost its legal status, or

5.

has been removed from the service by judgment in a judicial disciplinary procedure,

must reimburse the costs incurred in the course of studies or specialist training. Under the same conditions, a former soldier must, in the career of the officers of the medical service, reimburse the training allowance granted to him as an officer in charge of medical assistance. The refund may be waived in whole or in part if it were to be of particular hardship for the former soldier. Unofficial table of contents

Section 57 Resumation of the procedure, convictions after termination of the service

(1) For the resumption of the proceedings and for the consequences of convictions after termination of the service as a soldier on time, § § 52 and 53 apply accordingly. (2) On a former soldier on time, who is a team service , Section 53 (2) shall not apply. If he is not subject to conscription, he shall lose his degree of service, except for the cases referred to in § 53 (1), if he has not exceeded the age limit laid down in § 59 (2) sentence 1 no. 2 and against him to one of the age limits set out in § 48 sentence 1 shall be recognized as being punishable by law or by any other means of action

Third Section
Military service in accordance with the German Wehrpflichtgesetz (German Wehrpflichtgesetz); reserve defence service; voluntary military service as a special civic commitment

1.
Military service in accordance with the German Wehrpflichtgesetz

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Section 58 Military service in accordance with the German Wehrpflichtgesetz

(1) The reasons for the conscription, the use of the conscripts for military service and the termination of their military service are governed by the German Wehrpflichtgesetz (Wehrpflichtgesetz). (2) The transport of a soldier who provides military service under the German Wehrpflichtgesetz (Wehrpflichtgesetz) will be carried out with the shall take effect on the service of the soldier, but not before the date specified in the order of appointment. Section 42 (2) sentence 2 shall apply accordingly. Sentences 1 and 2 shall apply mutatily to those who perform voluntary service pursuant to § 58b or to the services referred to in § 60.

2.
Reserve Service Ratio

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Section 58a

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§ 58a Reserve military service

The legal status of the soldiers in a reserve military service is governed by the Reserve Law and Reservists Act.

3.
Voluntary military service as a special civic commitment

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§ 58b Voluntary Military Service as a Special Citizenly Engagement

(1) Women and men can commit themselves to providing military service as a special civic commitment. The voluntary military service as a special civic commitment consists of a six-month probation period and up to 17 months of subsequent military service. (2) § § 37 and 38 apply accordingly. Unofficial table of contents

Section 58c Transmission of personal data by the reporting authorities

(1) For the purpose of sending information material in accordance with the first sentence of paragraph 2, the reporting authorities shall transmit the following data to the Federal Office for Personnel Management of the Bundeswehr every year by 31 March on persons with German nationality who shall: in the next year will be year-round:

1.

Family name,

2.

First names,

3.

current address.

The data transfer shall not be transferred if the data subjects have objected to it in accordance with § 18 paragraph 7 of the Reporting Framework Act. (2) The Federal Office for the Human Resources Management of the Bundeswehr may only use the data to do so, information material about The Bundesamt für das Personalmanagement der Bundeswehr (Federal Office for Personnel Management of the Bundeswehr) has to delete the data if the data subject require this, but at the latest after the end of one year after the data have been stored for the first time at the Federal Office for Personnel Management of the Bundeswehr. Unofficial table of contents

§ 58d Advice and Examination

(1) The career centres of the Bundeswehr offer personal advice on activities in the armed forces to persons who express an interest in a voluntary military service pursuant to § 58b. (2) Persons who are interested in an interest in a voluntary service in accordance with § 58b, shall be examined for their serviceability and for their suitability in accordance with Section 37 (1) (3), provided that they have consented in writing to the investigations. The results of the investigations will be communicated to them in writing. (3) If the data subject is not serviceable or if no military service is established, the data collected during the investigation shall be made at the latest after the end of a year after the date of the investigation. (4) For the reimbursement of expenses, § 11 (2) of the Federal Travel Cost Act applies accordingly. Unofficial table of contents

Section 58e undertaking

(1) The declaration of commitment pursuant to § 58b (1) sentence 1 requires the written form. A separate written declaration of commitment is required for a special use abroad. In order to determine the period of service to twelve or more months, the declaration of commitment according to the second sentence is required. (2) The declarations of commitment referred to in paragraph 1 require the acceptance by a career centre of the Bundeswehr. (3) From the The obligation referred to in the second sentence of paragraph 1 may be released to the soldier upon written request. The application shall be accepted if the special use abroad would be of particular hardship because of personal or family reasons. Unofficial table of contents

§ 58f Status

Regulations in other laws or regulations governing the performance of the basic military service (§ 5 of the German Wehrpflichtgesetz) or of the voluntary additional military service following the basic military service (§ 6b of the German Wehrpflichtgesetz). , shall apply accordingly to persons who perform voluntary military service in accordance with § 58b. Unofficial table of contents

§ 58g Service

(1) The career centre of the Bundeswehr (Bundeswehr) calls for a person whose obligation has been accepted for compulsory military service in accordance with § 58b, to enter the service. The invitation shall indicate the place and date of the service and the duration of the military service. The request is to be announced four weeks before the date of service. (2) Regulations in other laws or legal regulations that follow the convocation to the military service under the German Wehrpflichtgesetz (Wehrpflichtgesetz) shall be subject to the invitation to the the application of the service referred to in paragraph 1 shall apply accordingly. Unofficial table of contents

§ 58h Termination of the Voluntary Military Service pursuant to § 58b

(1) The voluntary military service in accordance with § 58b ends by dismissal in accordance with § 75 or by exclusion in accordance with § 76. (2) During the trial period the soldier can be at the age of 15. or for the last of a month. The dismissal order must be announced no later than two weeks before the date of the release date. Upon written request of the soldier, he shall be dismissed at any time during the trial period. (3) In the case of § 58e paragraph 3, the soldier may be dismissed if any other use is not possible.

Fourth Section
Service obligation

1.
Scope and types of services

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Section 59

(1) A former professional soldier who retired because of reaching a general age limit or who has been retired because of a particular age limit may, by the end of the month in which he or she has retired, be retired. 65. The services referred to in § 60 shall be used for the service life of the company. In addition to the services referred to in § 60 (2) to (4), it may be used only with his voluntary written obligation. (2) A former professional soldier or a former soldier at a time of at least two years in a service has been standing as a professional soldier or soldier on time, can

1.

until the end of the month, in which he was the 60. Year of age,

2.

outside of the voltage and defence case until the end of the month, in which he said the 45. is completed when he or she has a team level of service; and

3.

with his voluntary written commitment, even until the end of the month in which he is the 65. Year of age,

to the services referred to in § 60. The second sentence of paragraph 1 shall apply. (3) Other than those referred to in paragraphs 1 and 2 may be subject to a voluntary written undertaking by the end of the month in which the person concerned is 65. The services referred to in § 60 shall be used for the full year. Section 9 (2) shall apply accordingly. Persons who have been awarded a higher grade of service not only for the duration of their use because of military service, may also have no voluntary obligation until the end of the month in which they are entitled to the 60. Full year of life

1.

on permanent military service in the case of a voltage or defence, and

2.

exercises (§ 61), if this is necessary for reasons of the use and functioning of the armed forces; however, for persons who have a team grade, this shall only apply until the end of the month in which they are the 45. Full year of life.

(4) Before the expiry of the period for opposition to an appeal, the voluntary written undertaking given in the second sentence of the second sentence of paragraph 1, paragraph 2 or the third sentence of paragraph 3 may, in general or in the case of a case by case, and without indication of Reasons to be revoked. The revocation shall be declared in writing with respect to the body responsible for drawing up. (5) After the expiry of the time limit for the objection to an appeal, the revocation of the declaration of commitment shall be excluded. However, until the commencement of the military service in accordance with Section 2 (1) (1), it may be exempted from the obligation to provide services on request. The application shall be accepted if, on account of personal, in particular domestic, economic or professional reasons, the use of the application would constitute an unreasonable hardship, in the case of a preparedness, tension or defence. Unofficial table of contents

§ 60 Types of services

Services are

1.

Exercises (§ 61),

2.

special foreign uses (§ 62),

3.

Assistance in the interior (§ 63),

4.

Assistance abroad (§ 63a) and

5.

unscheduled military service in the case of a voltage or defence case.

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§ 61 Exercises

(1) Temporary exercises shall in principle last for a maximum of three months. The Federal Ministry of Defence decides on exceptions. (2) The total duration of the exercises for teams is not more than six months, at the maximum of nine in the case of subofficers and at most twelve months for officers. (3) Exercises which are carried out by the The Federal Government as a stand-by is to be ordered, is open-ended. They shall not be credited to the total duration of the exercises referred to in paragraph 2, and the Federal Ministry of Defence may order an invoice. Unofficial table of contents

Section 62 Special foreign uses

(1) Special foreign uses are uses which are based on a convention, a contract or an agreement with an establishment or an intergovernmental entity or with an external state on a decision of the Federal Government in the (2) A special foreign use is, in principle, permitted for a maximum of seven months. It shall not be credited to the total duration of the exercises in accordance with § 61 (2). In so far as the duration exceeds three months, the constituency responsible for the application shall have the effect of obtaining the consent of the employer or the service authority. (3) If a soldier is required to submit his application for special applications abroad in general or for the individual case (Section 59 (5)), he/she may be dismissed from preparatory exercises if this is in the interest of the service. Section 75 (1) sentence 2 no. 9 shall remain unaffected. (4) § 75 para. 2 no. 1 shall apply with the proviso that the soldier shall be dismissed. Unofficial table of contents

Section 63 Assistance in the interior

(1) Assistance in the interior is the use of the armed forces in the context of mutual assistance or in the event of a natural disaster or a particularly serious accident in accordance with Article 35 of the Basic Law. (2) The provision of assistance in the interior is basically shall be admissible for a maximum of three months each year. The Federal Ministry of Defence may, with the consent of the person to be used for the service, and its employer or its service authority, allow exceptions. Assistance in the interior shall not be credited to the total duration of the exercises in accordance with Section 61 (2). (3) Preparatory exercises within the framework of civil-military cooperation shall also be considered as assistance in the interior. Unofficial table of contents

Section 63a Assistance in foreign countries

(1) Assistance in foreign countries is the use of the armed forces in the context of humanitarian assistance. (2) Assistance abroad is, in principle, admissible for a maximum of three months each year. The Federal Ministry of Defence may, with the consent of the person to be used for the service, and its employer or its service authority, allow exceptions. Assistance abroad will not be credited to the total duration of the exercises pursuant to § 61 paragraph 2.

2.
Service exceptions

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§ 64 Service incapacity

Services are not being used for who is incapable of service. Unofficial table of contents

Section 65 Exclusion of services

In the case of services, the person who has been recognized by a German court for the penalties, measures of measures or side effects referred to in § 38 (1) has been excluded. Unofficial table of contents

Section 66 Liberation of services

Services are exempt

1.

ordained clergy of evangelical confession,

2.

Spiritual Roman Catholic confession, which received the diaconate consecration,

3.

full-time clergy of other confessions, whose office corresponds to that of an ordained cleric evangelical or a clergyman of Roman Catholic confession, who received the diaconate consecration,

4.

Severely disabled persons and

5.

Service providers who, under an international law, enjoy a corresponding exemption for the duration of an activity in an international authority.

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Section 67 Reproduction of services

(1) Services shall be returned;

1.

who is temporarily unable to service or

2.

who, apart from the cases of § 65, imprisonment, criminal remand, juvenile sentence or youth sentence, is in custody, or is housed in a psychiatric hospital in accordance with § 63 of the Criminal Code.

(1a) Services are also set back as to who cannot be used for military service under an international contract for the duration of an activity in an international authority. (2) Services are Service providers who prepare for the spiritual ministry (§ 66) are returned upon request. The following are to be added:

1.

Proof of a regular theological study or a regular theological training and

2.

a declaration by the competent State Church Office, the Bishöflichen Authority, the Order of the Order or the relevant authority of another religious community that the service subject is prepared for the spiritual ministry.

(3) If a service provider has agreed to the election to the German Bundestag, to a parliament or to the European Parliament, he shall be resigned until the election. If he has accepted the election, he can only be used for his application for the duration of the term of office. (4) On request, a service provider should be returned from a service for a limited period of time, if and as long as the Access to the service for him, because of personal, in particular domestic, economic or professional reasons, would mean a special, unreasonable hardship in the case of preparedness, tension and defence. A particular hardness is usually present when:

1.

in the case of the use of the service subject

a)

the supply of his/her family, relatives in need of assistance or of other persons in need of assistance, for whose livelihood he has to pay from a legal or moral obligation, or

b)

are to be expected for relatives of first-degree special emergencies,

2.

the service liable for the maintenance and continuation of a company's own business is essential,

3.

the use of the obligation to provide services

a)

a training leading to a school degree,

b)

a university degree in which the third semester is reached at the time of the planned entry,

c)

a dual course of study commenced at the time of completion of the programme (studies with a course of study-related training), the standard period of study of which does not exceed eight semesters, and during which the course of study at the latest three months after the beginning of the in-company training,

d)

a third of the other training sections completed at the time of entry into service; or

e)

vocational training which has already begun

, interrupt or prevent the inclusion of a legally binding or contractually secured vocational training.

(5) In the case of services, a person liable to provide services may also be returned if a criminal procedure is pending against him, in the case of a custodial sentence, a criminal remnant, a juvenile sentence or a detention order for an improvement and a detention order. (6) From a service, a service subject should also be returned upon request if he/she is responsible for the protection of the military order or the reputation of the Bundeswehr. the maintenance and continuation of the parental holding or the operation of its Employer or for the proper performance of the duties of his service authority is indispensable. In this case, the parents, the employer or the service authority of the service subject shall be entitled to apply and shall be obliged to indicate the omission of the conditions for the undeprivation of the competent Wehrersatzbehörde (Wehrersatzbehörde). The withdrawal shall require the consent of the service provider. The use of the service subject must be suspended until the decision has been taken on the application. Unofficial table of contents

Section 68 Undigestible

(1) In order to balance the staffing requirements for the tasks of the Bundeswehr and other tasks, a provider of services in the case of tension and defence in the public interest for services can be made inaccessible if: and as long as it cannot be denied for the activity which it carries out. (2) On the basis of a proposal from the competent administrative authority, the Military Replacement Authority shall decide on the indigestible position. The right of proposal is also available to churches and religious communities, insofar as they are bodies of public law, to their servants. The competence and the procedure shall be governed by a regulation. In the regulation, the power to determine the competent authorities may be delegated to the supreme federal authorities or to the national governments with the power to transfer them to the supreme national authorities; the powers under this Regulation shall be conferred on the competent authorities. the supreme federal authority or the provincial government may, as far as national law permits, also regulate the right of proposal by means of general administrative provision. The legal regulation also regulates how differences of opinion between the Wehrersatzbehörde (Wehrersatzbehörde) and the managing authority to be proposed are to be balanced with consideration of the various interests. The legal regulation also regulates the time limits for which the indisputable position can be pronounced and which competent bodies of the public administration and the economy can be heard. (3) The service authority or the employer of the The obligation to provide services shall be to indicate the omission of the conditions for the undigestible status of the competent Wehrersatzbehörde (Wehrersatzbehörde). Providers of services which are not in a working or service relationship shall have to indicate the omission of the conditions themselves.

3.
Pre-accession procedure

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Section 69 Jurisdiction

The authorities responsible for the use of services subject to services and the related procedures under this section are the authorities responsible for the defence of the service. Unofficial table of contents

Section 70 Procedure

(1) The procedure provided for in this section is free of charge. The necessary outlays must be reimbursed. The necessary expenses also include the costs for the procurement of documents, the contribution of which will be given to the service subject. A worker who is not covered by the Employment Protection Act shall also be reimbursed for the loss of earnings arising from an ordered medical examination or any other misconception in the Wehrersatzbehörde (Wehrersatzbehörde). A service liable to a service which is not a worker shall be reimbursed for the necessary expenses incurred by him through the appointment of a representative. The details of the reimbursement of the necessary expenses, loss of earnings and representative costs shall be governed by a legal regulation. (2) Applications under this section shall be submitted in writing or electronically and shall be submitted in writing by the Wehrersatzbehörde (Wehrersatzbehörde). (3) To be notified in the execution of this section shall be notified. This shall not apply to administrative acts which favour it. An appeal for assistance in the interior (§ 63), on assistance abroad (§ 63a), on an exercise ordered by the Federal Government as a stand-by service (Section 61 (3)) or as an alarm exercise no longer than three days It may also be sent directly by the troupe with the ordinary standard letter with the endorsement "Vorrangpost" or in the appropriate application of § 5 of the Administrative Appointing Act. Unofficial table of contents

Section 71 Medical Examination, Hearing

Unserved persons who voluntarily wish to commit themselves to services pursuant to § 59 (3) sentence 1 shall be examined prior to the acceptance of their obligation with regard to their serviceability. Unserved service providers who have not been used for a service within two years of this or after a renewed medical examination shall be heard and, on request, or, where appropriate, If there is evidence of a change in the state of health, or if this is necessary for a planned use in the military service, it should be examined again in a medical examination. To this end, you have to be presented and examined by the District Replacement Offices after being requested. Article 17 (4) sentences 3 and 6 to 8 shall apply to the investigation. The result of the investigation and the resulting legal consequences shall be communicated by a written examination notice. This shall also apply where a request for verification of the serviceability is carried out without a medical examination. Unofficial table of contents

Section 72 Pre-accession of unpaid service providers

(1) Unserved service providers (§ 59 para. 3 sentence 1), which are available in accordance with § 71, shall be used by the circular sweeper substitutes for services. The nature of the service as well as the place and time of the official entry are announced by means of an education notice. The duration of the service to be provided shall be indicated in the notice of appeal; this shall not apply to the use of the military service in the case of tension or defence pursuant to § 60 no. 6 and to exercises as a stand-by service in accordance with § 61 (3) (2). Persons with a duty to provide services shall be required to provide services in the Bundeswehr (Bundeswehr) in accordance with the letter of appeal. (3) The notice of appeal is to be served four weeks before the beginning of the service. Service providers may be convened without a deadline if:

1.

Exercises are ordered as a standby service,

2.

the use of the armed forces is necessary in order to increase the preparedness of the armed forces;

3.

the case of tension or defence has occurred,

4.

the Federal Ministry of Defence or the body designated by it has ordered exercises of short duration as alarm exercises, or

5.

Assistance in the interior must be provided.

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Section 73 Pre-accession of services subject to service

Service providers who have already served in the Bundeswehr will be used to provide services after determining their availability by the Wehrersatzauthorities. They shall be heard if more than two years have elapsed since the departure of the military service, and on request or, if there is evidence of a change in the state of health, or for any intended use in the military service. is to be re-examined by a medical examination. § 17 (4) sentences 3 and 6 to 8 as well as § 71 sentences 5 and 6 shall apply to the investigation. According to the request, the service providers have to be presented and examined by the District Replacement Offices and examined by a medical examination. You have to submit yourself to services in the Bundeswehr in accordance with the letter of appeal. Section 72 (1) and (3) shall apply accordingly.

4.
Termination of services and loss of service

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Section 74 Termination of services

The services end

1.

by dismissal (§ 75),

2.

by the end of the period fixed for military service when the date of the end of the service is determined by the calendar; or

3.

by exclusion (§ 76).

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§ 75 Dismissal from services

(1) The soldier shall be dismissed at the end of the month in which he has reached the maximum age for an education he has set for him pursuant to Section 59 (1), (2) or (3). In addition, he must be dismissed if:

1.

the time fixed for the service has expired, unless on-call duty pursuant to section 61 (3) is ordered, or the case of tension or defence has occurred,

2.

the arrangement of the on-call duty pursuant to section 61 (3) shall be repealed, unless the case of tension or defence has occurred,

3.

its use ends during the tension or defense case,

4.

-in the cases of § 66 only after exemption by the district tax office-or if within the first month of the service within the scope of the Recruitment investigation is established that the soldier is permanently or presumably for a period of more than one month due to a health disorder, in case of a shorter use for the period of this use, temporarily to be fulfilled is incapable of service obligations,

5.

according to the previous behavior, the military order or the security of the force would be seriously threatened by its failure in the Bundeswehr,

6.

he is recognized as a conscientiously objector,

7.

he has agreed to his preparation for election to the German Bundestag, to a country parliament or to the European Parliament,

8.

it is indigestible,

9.

the purpose of the service is eliminated and, in the case of a temporary exercise, a different use cannot be made in respect of training for existing or future use,

10.

he is incapable of service or cannot be expected to restore his service within the military service period. Section 44 (4) sentences 1 and 3 shall apply accordingly, or

11.

it is set back in accordance with section 67 (6).

(2) The soldier may be dismissed if:

1.

the staying in the Bundeswehr for him, because of personal, especially domestic, professional or economic reasons, would mean a special, in the case of a preparedness, tension and defence, an unreasonable hardship and he would Dismissal requested,

2.

is recognised against him by a custodial sentence or a criminal sentence of three months or more or on a juvenile sentence not suspended for probation, or

3.

the suspension of a juvenile penalty will be withdrawn.

(3) The dismissal shall be provided by the body which would be responsible for the appointment of the soldier in accordance with § 4 (2). (4) A soldier who is guilty of his duties or duties shall be deemed to have been dismissed with the day he would have been released (5) Is a soldier during a special use abroad for abductions, captivity or other reasons related to the service, which he has not to represent, to the The influence area of the Dienstherrn is withdrawn, the dismissal is until the end of this State of the following month. This also applies to other uses abroad with a comparable risk situation. (6) If a soldier who provides a service is in a hospital medical treatment at the time of the dismissal, the military service, to which he/she is responsible, shall end. has been used if:

1.

the hospital medical treatment is terminated, but no later than three months after the date of dismissal, or

2.

he shall declare within the three months in writing that he does not agree with the continuation of the military service relationship, with the date of the release of the declaration.

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Section 76 Exclusion of services and loss of service

(1) A soldier is excluded from services if he is recognized by a German court against the penalties, measures of measurement or minor consequences referred to in § 38 (1). He shall lose his degree of service; this shall also apply if he is dismissed due to culpable violation of his duties pursuant to § 75 (1) sentence 2 no. 5. (2) If a judgment is given as a result of the loss of service in accordance with the second sentence of paragraph 1 in the (3) A person who is subject to a service obligation also loses his degree of service if he is recognised as a conscientious objector, in the case of dismissal pursuant to section 75 (1) sentence 2, point 6, with termination of the military service relationship. He shall also lose his degree of service when a German court has recognized him against one of the punishments, measures of measurement and side effects referred to in § 38 (1). § § 53 and 57 remain unaffected.

5.
Monitoring and enforcement of the obligation to provide services

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Section 77 Service supervision; liability

(1) The service supervision shall be subject to the persons referred to in § 59 (1) to (3). The service supervision begins after the employment relationship as a professional soldier or soldier on time, in the case of § 59 (3) sentence 1 or in the case of a commitment to a voluntary military service pursuant to § 58b with the acceptance of the Obligation, and ends at the relevant point in time referred to in § 59 (1) to (3). (2) Services subject to the obligation to provide services shall be excluded from the obligation to provide services, which shall:

1.

are permanently non-serviceable (§ 64),

2.

are permanently excluded from services (§ 65),

3.

are exempt from services (§ 66) or

4.

are recognized as conscientiously objectors.

(3) (omitted) (4) During service supervision, the service providers shall have

1.

Any change in their home within one week, in the case of a voltage and defence within 48 hours, to the competent authority responsible for the defence of the Wehreration,

2.

to ensure that communications from the Wehrersatzbehörde (Wehrersatzbehörde) are immediately reached,

3.

to report in person, at the request of the competent military authority,

4.

, without compensation at any time, carefully kept and maintained, not to use them outside of the military service, to exclude their abusive use by third parties, to the instructions for the treatment of the goods, to submit or return them to the competent service on request and to report their damage and losses without delay,

5.

the provision of services for assistance in the interior according to § 63 (1), for military service in the event of tension and for military service in the event of defence, to be kept carefully, not to be used abusively, at the request of the competent authorities to report a loss immediately to the Wehrersatzbehörde (Service Authority),

6.

to be vaccinated for the prevention of communicable diseases and to tolerate medical interventions in their physical integrity; the fundamental right referred to in the first sentence of Article 2 (2) of the Basic Law shall be restricted to the extent that:

7.

to submit, at the request of the competent military service authority, a first-time security screening and other security checks to be carried out in the Bundeswehr, with a view to a security-sensitive activity in the Bundeswehr, the security of which shall be Implementation is determined in accordance with the security examination law and for which it is not necessary to obtain the consent of the service provider.

(5) The service providers shall have to pay for damages and losses caused by intentionally or grossly negligently caused damage and loss of the handheld clothing and equipment. The claims for damages shall be committed in three years from the date in which the competent authorities acquire knowledge of the damage, without regard to this knowledge in ten years from the commission of the act. (6) During the period of In addition, service providers shall immediately report, in writing, electronically or orally, to the responsible military service authority, of the following:

1.

the occurrence of facts, which establish a service exception in accordance with § § 64 to 66,

2.

the occurrence of facts which give rise to a temporary inability to fulfil the obligations of service of at least nine months;

3.

Diseases and injuries as well as worsening of diseases and injuries since the examination in accordance with § 71 sentence 1, the last review investigation pursuant to § 71 sentence 2 and § 73 sentence 2, the examination of the availability or the Dismissal investigation, from which the person responsible for the service or his doctor accepts that they are of concern for the assessment of his capacity to work, as long as they are requested to do so by the competent military authority,

4.

the premature departure of the conditions for a resignation,

5.

the conclusion and a change in their vocational training, a change in their profession and a further professional qualification; this is the evidence in their possession that the service providers shall immediately have to do so at the request of the .

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Section 78 Residence procedures

(1) If the competent authority responsible for the supervision of services (issuing authority) cannot determine the permanent place of residence of a service liable, it shall transmit to the Federal Administrative Office for the purpose of establishing the Place of residence the following data on the person of the service subject:

1.

Family names, previous names, first names,

2.

birth date and place of birth,

3.

the last address known to the issuing authority; and

4.

the business sign.

The Federal Office of Administration has to store this data in each case, stating the authority issuing the issuing authority. (2) The Federal Office of Administration has collected the data for the purpose referred to in paragraph 1 at regular intervals in a file to:

1.

military replacement authorities,

2.

the Federal Foreign Office, which shall forward it to the diplomatic missions abroad for the purpose referred to in paragraph 1,

3.

the authorities responsible for the police control of cross-border traffic.

These bodies may store and use the data for the purpose to which they have been transmitted to them. If the place of residence of a service subject is known to those authorities, they shall inform the issuing authority of the situation where no special rules of use are in place. They shall then immediately delete the data of the person concerned submitted to them by the Federal Administrative Office. The issuing authority shall inform the Federal Administrative Office and the other bodies in accordance with sentence 1 of the fact that the place of residence has been established and that further storage is no longer necessary. These bodies have to delete the data of the person concerned after the notification. (3) The issuing authority shall inform the Federal Office of Administration in good time if the obligation to provide services ends in accordance with § 59 (1) to (3) for an individual concerned. The Federal Administrative Office shall delete the data of the data subject at the latest by the end of the service obligation; the same shall apply to the other bodies referred to in the first sentence of paragraph 2, which shall be made by the Federal Administrative Office on the end of the service obligation (4) As soon as a file referred to in the first sentence of paragraph 2 has been submitted by the Federal Administrative Office, the bodies referred to in the first sentence of the first sentence of paragraph 2 shall have to delete the file previously submitted to them. Unofficial table of contents

Section 79 Preduction and delivery

(1) In the case of service providers who stay away from an ordered medical examination (§ 71 sentence 3 or § 73 sentence 4) or a request from the Wehrersatzbehörde (Wehrersatzbehörde) to report in person (§ 77 (4) no. 3), do not comply with the obligation to comply with the obligation to comply with the obligation to provide services. the lead can be arranged. The police may be asked to carry out the operation. (2) The police may be requested to provide services requiring them to be sent to the next field service squad. (3) The police are authorized to do so. To enter and search for the apartment and other rooms of the service subject to the performance or supply. The same applies, except at night, to other apartments and rooms if the service subject to an imminent access by the police is withdrawn by entering such homes and rooms. Measures in accordance with sentences 1 and 2 require a judicial order to be brought into force by the Wehrersatzbehörde (Wehrersatzbehörde). In so doing, the court may depart from a prior hearing of the person responsible for the provision of services or the holder of the housing, if it considers that this is necessary in order not to endanger the purpose of the measure. Persons who have a right to take part in the home of the service provider have to enter and search for the apartment and other rooms. We must avoid undue hardship against fellow confisers. The arrangement is to be shown during the search. The administrative court in whose district the search is to be carried out shall be responsible for the judicial order of a search. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent.

6.
Relationship to conscription

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§ 80 Competition

For conscripts according to § 1 of the German Wehrpflichtgesetz (Wehrpflichtgesetz), the German Wehrpflichtgesetz (Wehrpflichtgesetz) is required in the case of

Fifth Section
Official events

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§ 81 Education for official events

(1) Service-related events are service projects of the armed forces, in particular for military training, further education and further training, to which persons can be assigned with their consent. (2) For official events, Persons who are capable of service and 65. The Federal Ministry of Defence or the authority designated by the Federal Ministry of Defence shall be granted the following year of life. During military service, they are in a military service relationship.

Sixth Section
Legal protection

1.
Legal Way

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Section 82 responsibilities

(1) For claims by soldiers, retired soldiers, former soldiers, service providers under § 59 (3), first sentence, and survivors of military service, the administrative right shall be given, unless another The federal government is represented by the Federal Ministry of Defence. (3) The Federal Ministry of Defence shall represent the federal government. This may be transferred by general order to other bodies; the order is to be published in the Federal Law Gaz.( 4) Insofar as tasks of the Federal Ministry of Defence in the business area of another The Federal Ministry of the Interior has been assigned a preliminary procedure in accordance with the provisions of the 8. Section of the administrative court order. The Federal Ministry of Defence shall issue the notice of opposition. It may delegate the decision by general order to other authorities. The order is to be published in the Bundesgesetzblatt.

2.
Remedies and appeals against administrative acts in accordance with the Fourth Section

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Section 83 Special provisions for the preliminary procedure

(1) The objection to administrative acts resulting from the Fourth Section of this Act by the military authorities shall be made in writing or in writing to the Authority within two weeks of the date of notification of the date of the act, which shall: has adopted the administrative act. The time limit shall also be maintained by deposit with the authority which has to take the notice of appeal. (2) The appeal against the appeal (§ 72 para. 1 sentence 1 and § 73 sentence 1), the opposition to the annulment of a notice of appeal. The administration of the conscription decides on the legal basis and the opposition to the investigation decision (§ 71 sentence 5 and § 73 sentence 3). There is no suspensive effect on the opposition to the appeal, the opposition to the annulment of a child's appeal and the opposition to the investigation. Unofficial table of contents

Section 84 Legal remedies against decisions of the Administrative Court

The appeal against a judgment and the appeal against another decision of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with § 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law on Judith Law. Pursuant to Article 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against decisions on the legal path shall be applied in accordance with the law. Unofficial table of contents

Section 85 Special provisions for the action of appeal

The action taken against the investigation decision (§ 71 sentence 5 and 73 sentence 3), the action against the appeal against the appeal (§ 72 (1) sentence 1 and section 73 sentence 1) and the action against the annulment of the child's appeal no suspensive effect. The court may, upon request, order the suspensive effect. Prior to the arrangement, the military area administration is to be heard.

Seventh Section
Financial provisions; transitional and final provisions

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Section 86 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 71 sentence 3, § 73 sentence 4 or section 77 (4) no. 7, the investigation or review referred to there shall not be subject to or not subject to due time,

2.

Contrary to Section 77 (4) (1) or (6) (1), (2) or (3), a report shall not be made or shall not

3.

Contrary to Section 77 (4) no. 2, no provision is made,

4.

Contrary to Article 77 (4) (3), it does not register or report on time or

5.

Contrary to Section 77 (4) (5), a communication referred to there is not kept carefully or not for the prescribed period, used for improper use or not, or does not present it in due time, or does not make a notification or does not make it in time.

(2) The administrative offence can be punished with a fine. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the constituency replacement office. Unofficial table of contents

Section 87 Setting of other candidates

(1) An applicant who has acquired the military competence required for a higher degree of service through life and work experience outside the Bundeswehr may, due to a voluntary commitment to an exercise exercise of four months shall be convened on a voluntary basis and shall continue the exercise of the aptitude. During the exercise, it can be done with the 15. or the last one of each month. The dismissal order shall be announced to him at least two weeks before the date of the release. He must be dismissed at any time on his request. In addition, for the duration of the qualifying exercise, he has the legal status of a soldier on time with the grade of service for which he is provided after the successful completion of the fitness exercise. (2) After the aptitude exercise, the applicant can become a professional soldier. or be appointed to the soldier on time. (3) (dropped) Unofficial table of contents

Section 88 Dismissal of other candidates

An applicant under Section 87 (1), who is appointed to the employment relationship of a professional soldier or a soldier on a temporary basis, may, on the basis of a conduct prior to the appointment, make him unworthy of the appointment to his/her duty of service, after a disciplinary court has determined the facts of the case. The dismissal has the same consequences as a dismissal in accordance with section 46 (2) sentence 1 no. 3. Unofficial table of contents

Section 89 Communications in criminal matters

(1) In criminal cases against soldiers, § 115 of the Federal Civil Service Act applies accordingly. (2) In criminal cases against professional soldiers in retirement, former professional soldiers and former soldiers at the time, personal data shall not be required except in the cases of § 14 paragraph. 1 No. 6 of the Introductory Act to the Law of the Court of Justice, if its knowledge is necessary for disciplinary action with other consequences as a consequence of the supply law, unless it can be recognized for the agency that the law is notified that: the legitimate interests of the person concerned in the exclusion of the transmission Predominant. § 14 (2) of the Introductory Act to the Law of the Constitutional Court is to be applied. (3) The communications must be addressed

1.

in the case of the issuing and the execution of an arrest warrant or a placement command to the next disciplinary board of the soldier or his representative in office,

2.

in other cases, for the purpose of forwarding to the competent authority of the Territorial Tasks of the Bundeswehr (Federal Armed Forces).

The communications shall be marked as "confidential personnel". In the case of sentence 1 No. 2, only the person data of the accused, which is required for the identification of the competent authority, may be made available to the command Territorial Duties of the Bundeswehr; the remaining data shall be available to him for the purpose of: Transfer in a closed envelope. Unofficial table of contents

Section 90 Organization Act

The organization of the defense, in particular the top-up of the Bundeswehr and the final organization of the Federal Ministry of Defense, are reserved for special legal regulations. Unofficial table of contents

Section 91 Staff representation of officials, employees and workers

(1) The federal personnel representation act shall apply to officials, employees and workers employed in the military departments and institutions of the Bundeswehr. (2) § 53 (2) of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) applies accordingly. (3) § 76 (2) sentence 1 No. 4 of the Federal Personalized Association Act applies accordingly when ordering soldiers to trust or business doctors. Pursuant to section 38 (1) of the Federal Personalization Act (Bundespersonaljustungsgesetz), Section 78 (1) No. 2 of the Federal Personalization Act (Bundespersonalrepresentation gesetz) shall apply to the dissolution, restriction, transfer or merger of military departments and services. Bodies or substantial parts of them shall not apply to the extent that there are military reasons to prevent them. Unofficial table of contents

Section 92 Transitional provision for the runways

In the legal regulation according to Article 27 (1), it is possible to determine for the duration of the tensioning or defence case that for the occupational soldiers and soldiers present at the time of the entry of the voltage or defence case, the service period according to § Point 1 (b) shall be reduced to six months and the period of service referred to in point 2 (b) shall be reduced to one year. Unofficial table of contents

Section 93 Responsibility for the adoption of legal regulations

(1) The Federal Government shall adopt the legal regulations concerning:

1.

the secondary activity of the soldiers pursuant to section 20 (7),

2.

the runways of the soldiers according to § 27,

3.

the holiday of the soldiers pursuant to section 28 (4),

4.

the rules governing the parental leave of the soldiers pursuant to section 28 (7) sentence 2,

5.

the jubilee grants in accordance with section 30 (4),

6.

the rules on maternity protection for women soldiers pursuant to § 30 (5) sentence 2,

7.

the extension of the service period of soldiers to the period pursuant to section 54 (3) (1),

8.

the reimbursement of expenses, loss of earnings and representative costs in accordance with § 70 (1) sentence 6,

9.

responsibility and the procedure in the case of the indigestible position in accordance with § 68 (2) sentence 3.

10.

(dropped)

(2) The Federal Ministry of Defence shall adopt the legal regulations concerning:

1.

the regulation of the pre-legislative relationship in accordance with § 1 (3),

2.

the subofficers 'examinations and the officers' examinations in accordance with § 27 (7),

3.

the design of the human resources system in accordance with § 29,

4.

the design of part-time employment according to § 30a,

5.

regular working time and measures to ensure maximum occupational health and safety in the case of special activities in accordance with Section 30c (5);

6.

the minimum service periods referred to in Article 46 (3).

(3) The Federal Ministry of Defence, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, shall adopt the legal regulations concerning:

1.

the training allowance referred to in Article 30 (2);

2.

the reimbursements for family and household aids in accordance with § 31 (8).

(4) The legal regulation referred to in paragraph 1 (9) requires the consent of the Federal Council. Unofficial table of contents

§ 94 Transitional provision on the occasion of the amending act of 24 February 1983 (BGBl. 179)

Professional soldiers and soldiers who have completed a course of studies or vocational training in the course of their military training before 2 March 1983 are required to apply the provisions of the previous regulations. Unofficial table of contents

§ 95 Transitional provision on the occasion of the amending act of 6 December 1990 (BGBl. I p. 2588)

The provisions of § 40 (4), § 46 (4) apply only to soldiers on time and professional soldiers, the parental leave after the entry into force of the Fourteenth Act amending the Soldatengesetz of 6 December 1990 (BGBl. I p. 2588). Unofficial table of contents

§ 96 Transitional provision on the occasion of the Law on the Law of the Law of the Law

(1) By way of derogation from Section 45 (1) (1), the general age limit shall be completed in the period from 2008 to 2012 to the completion of the 62. The year shall be fixed and shall be increased as from 2013 as follows:


in the annual increase for Monateentitlement from age Year Month

2013	3	62	3
2014	6	62	6
2015	9	62	9
2016	12	63	0
2017	15	63	3
2018	18	63	6
2019	21	63	9
2020	24	64	0
2021	27	64	3
2022	30	64	6
2023	33	64	9

(2) By way of derogation from Article 45 (2), the specific age limits shall be fixed as follows:

1.

no special age limit shall be fixed until 31 December 2012 for generals as well as officers in the careers of the medical service, the military music service and the German Federal Armed Forces Geoinformation Service,

2.

for the upper part not covered by number 1

a)

in the years 2008 to 2012 the completion of the 61. Year of life, of which may be 60. For the year before 1 January 1999, the head of the profession appointed as professional soldier in the A 16 grade,

b)

from the year 2013 onwards, the completion of the 61. Life year with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2013	1	61	1
2014	2	61	2
2015	3	61	3
2016	4	61	4
2017	5	61	5
2018	6	61	6
2019	7	61	7
2020	8	61	8
2021	9	61	9
2022	10	61	10
2023	11	61	11

This shall apply with the proviso that, before 1 January 1999, the person appointed as professional soldier in grade A 16 shall have the special age limit.

aa)

in the years 2013 and 2014 with the completion of the 60. Life Year,

bb)

in the years 2015 to 2023 with the completion of the 61. Year of life with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2015	0	61	0
2016	1	61	1
2017	2	61	2
2018	3	61	3
2019	4	61	4
2020	5	61	5
2021	6	61	6
2022	8	61	8
2023	10	61	10

3.

for Oberstleutnante not covered by point 1

a)

in the years 2008 to 2012 the completion of the 59. Year of life, of which may be 58. For the period before 1 January 1999, Oberstleutnante appointed as a professional soldier in grade A 14,

b)

from the year 2013 onwards, the completion of the 59. Life year with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2013	2	59	2
2014	4	59	4
2015	6	59	6
2016	8	59	8
2017	10	59	10
2018	12	60	0
2019	14	60	2
2020	16	60	4
2021	18	60	6
2022	20	60	8
2023	22	60	10

This applies with the proviso that, before 1 January 1999, Oberstleutnante appointed as a professional soldier in grade A 14 has a special age limit.

aa)

in the years 2013 and 2014, with the completion of the 58. Life Year,

bb)

in the years 2015 to 2023 with the completion of the 59. Year of life with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2015	0	59	0
2016	2	59	2
2017	4	59	4
2018	6	59	6
2019	8	59	8
2020	10	59	10
2021	12	60	0
2022	16	60	4
2023	20	60	8

4.

for majors not covered by number 1, and chief of staff

a)

in the years 2008 to 2012 the completion of the 57. Year of life, of which the 56. The life year for majors appointed before 1 January 1999 for professional soldiers,

b)

from the year 2013 onwards, the completion of the 57. Life year with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2013	2	57	2
2014	4	57	4
2015	6	57	6
2016	8	57	8
2017	10	57	10
2018	12	58	0
2019	14	58	2
2020	16	58	4
2021	18	58	6
2022	20	58	8
2023	22	58	10

This shall apply with the proviso that, before 1 January 1999, majors appointed as professional soldiers shall have the special age limit.

aa)

in the years 2013 and 2014 with the completion of the 56. Life Year,

bb)

in the years 2015 to 2023 with the completion of the 57. Year of life with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2015	0	57	0
2016	2	57	2
2017	4	57	4
2018	6	57	6
2019	8	57	8
2020	10	57	10
2021	12	58	0
2022	16	58	4
2023	20	58	8

5.

for the main people not covered by number 1, lieutenant colonel and lieutenant colonel

a)

in the years 2008 to 2012 the completion of the 55. for the period from 2008 to 2010 of 54 years. for the period before 1 January 1999 for professional soldiers,

b)

from the year 2013 onwards, the completion of the 55. Life year with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2013	1	55	1
2014	2	55	2
2015	3	55	3
2016	4	55	4
2017	5	55	5
2018	6	55	6
2019	7	55	7
2020	8	55	8
2021	9	55	9
2022	10	55	10
2023	11	55	11

6.

for professional subofficers

a)

in the years 2008 to 2012 the completion of the 54. Year of life, of which the 53. (a) life-year for professional officers appointed before 1 January 1999 for professional soldiers;

b)

from the year 2013 onwards the completion of the 54. Life year with the following increases:


in the annual increase to reach Monatereaching with age Year Month

2013	1	54	1
2014	2	54	2
2015	3	54	3
2016	4	54	4
2017	5	54	5
2018	6	54	6
2019	7	54	7
2020	8	54	8
2021	9	54	9
2022	10	54	10
2023	11	54	11

(3) The age limits referred to in paragraph 2 shall also apply to the professional soldiers of the Navy with corresponding degrees of duty. Unofficial table of contents

§ 97 Transitional provision on the occasion of the amending act of 19 December 2000 (BGBl. I p. 1815)

(1) On professional soldiers and soldiers at the time prior to the entry into force of the Law amending the Soldatengesetz and other provisions of 19 December 2000 (BGBl. Article 49 (4) and § 56 (4) are to be applied in the previous version. (2) On the entry into force of the Act amending the Soldatengesetz (Soldatengesetz) and the other provisions of 19 December 2000 (BGBl. I p. 1815) existing soldiers at the time are to be applied in the previous version § 55 (4). Unofficial table of contents

Section 98 Transitional provision on the occasion of the German Law on the Law of Amendment 2011

(1) The provisions relating to post-Fourth Section service obligations shall apply only if:

1.

the service obligation has been established as a soldier on a temporary basis or as a professional soldier after 30 June 2011, or

2.

on 30 June 2011, an obligation to provide military service in accordance with the fourth section of the service obligations

a)

under this law, or

b)

in accordance with the German Wehrpflichtgesetz (Wehrpflichtgesetz) in the version applicable

, point (b) does not apply to former soldiers who have only served basic military service.

Sentence 1 shall apply for the use of services without consent pursuant to § 59 (3) sentence 3. (2) For former soldiers who are in force on 30 June 2011 in accordance with § 24 of the German Wehrpflichtgesetz (Wehrpflichtgesetz) in the version of the military monitoring system in force until that date. , the service supervision shall begin on 1 July 2011 in accordance with the first sentence of section 77 (1) sentence 1, and may be used for a service pursuant to § 59 (3) sentence 3. For soldiers whose military service has commenced before 30 June 2011 and ends after 29 June 2011, the military service shall start following this military service, unless the basic military service is exclusively provided for . Unofficial table of contents

Section 99 Transitional provision on the occasion of the German Act on Improvements In Services

Section 3 (2), first sentence, point 2 shall apply mutatily if the injury to health has been caused in the period from 1 July 1992 to 30 November 2002.