Law For Checking, Adjustment And Computation Of Service In The Army And Mexican Air Force

Original Language Title: Ley para la Comprobación, Ajuste y Cómputo de Servicios en el Ejército y Fuerza Aérea Mexicanos

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Law for the Verification, Adjustment and Computation of Services in the Mexican Army and Air Force

LAW FOR CHECKING, ADJUSTING AND COUNTING SERVICES IN THE MEXICAN ARMY AND AIR FORCE

Official Journal of the Federation on February 9, 2006

Last reform published DOF June 12, 2009

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE LAW FOR CHECKING, ADJUSTING, AND COMPUTING SERVICES IN THE MEXICAN ARMY AND AIR FORCE WILL BE SET.

Article Unique.- The Law for the Verification, Adjustment and Computation of Services in the Mexican Army and Air Force is issued.

LAW FOR CHECKING, ADJUSTING, AND COMPUTING SERVICES IN THE MEXICAN ARMY AND AIR FORCE.

TITLE FIRST

From the Services Check, Adjustment, and Computer

CHAPTER I

Generalities

Article 1.- This Law is intended to establish the procedure to compute the time of military personnel services, as well as their credits and deductions. and for the elaboration of the documents in which the Mexican Army and Air Force show their performance.

Article 2.- The Secretariat of National Defense, through the competent administrative unit in accordance with the respective regulations, will proceed to the adjustment and Military service time computation in the following cases:

I. Application of the Law of the Social Security Institute for the Armed Forces Mexican;

II. Competent authority requirement;

III. Ratification of military degrees in the Senate of the Republic or the Commission Permanent, and

IV. Interested request.

Article 3.- When interested parties require to know or consult the data and constances related to their military action, they shall process their request to the unit competent of the Secretariat of National Defense, which shall provide the necessary facilities to make the relevant observations.

CHAPTER II

From the Service Time Check

Article 4.- The time verification of services provided by the Mexican Army and Air Force personnel will be based on the documents that exist. in the respective files and in which the data subjects are provided in accordance with this Law.

Where the documents in the file of a military officer do not justify their time of service, they shall be granted a period of not less than two months and no longer than four, counted from the date on which the respective communication is officially made, to provide the necessary evidence. If the military does not provide the required evidence within the given time limit, only the legally justified service time will be recognised.

Article 5.- When it is assumed that the contribution of documents will not correspond to the true performance of the data subject, it will be communicated before the Attorney General of Military Justice for the legal effects to be taken.

Article 6.- When a document that checks the Mexican Army and Air Force entry, specifies the month, but not the exact date, it will be set as the date of high on the 15th day of the month, unless there is another data to set a different date.

Article 7.- Certificates that check services, campaign stays, weapons, fees, commissions, or other events that relate to history The military of the persons concerned shall be issued by the Generals, Chiefs and Officers under whose orders they were placed upon verification of the facts, provided that they are personally aware of them.

The certificates in question may also be issued by officers to whom the services concerned are to be checked, provided that the facts (a) they are personally aware and at the time they refer to have had the same or higher hierarchical grade than the one applying for the certificate.

Article 8.- The military will credit its name and age with the certified copy of the birth certificate issued by the corresponding Civil Registry.

Article 9.- For the purposes of this Law, it is understood that the military is on the campaign trail in the cases established in the Code of Justice Military.

In cases where there is doubt as to whether or not the force to which the data subject belonged was in the field, the Agency shall be consulted on the matter. competent of the Secretariat of National Defense.

CHAPTER III

Service Time Adjustment and Computing

Article 10.- The adjustment is the procedure by which the periods to be paid or deducted at the time of the military service are determined, taking as a basis for the provisions of this Law.

Article 11.- The computation of services is the calculation that is made to determine the time when the military has provided its services and will be counted from the day in has entered the Mexican Army or Air Force, with any character, class of service, hierarchy, until the last one in which it has been in active service, making the credits and deductions established by this Law.

In the service count, the years, months, and days when the serviceman has been in active service will be settled in a detailed manner.

Article 12.- To military personnel who have caused low Mexican Army and Air Force to have requested it and have subsequently re-entered the military. Armed forces, they must be counted on the time of service considering the different periods in which they have remained in the asset of the Armado Institute.

Article 13.- The seniority in employment for members of the Mexican Army and Air Force, will be counted from the date fixed in the appointment or patent the respective deductions will be taken into account in accordance with the provisions of this Law and the Mexican Army and Air Force Organic Law.

Article 14.- According to the provisions of this Chapter, the time of service is susceptible to increase or deduction; whereas, the length of time in the employment, is only a deduction.

No more credits or deductions will be made than those expressly recognized in law.

Article 15.- Double time will be paid to the military man who:

I. Be on the campaign trail;

II. Pay your services in areas of military hospitals or inwards considered as infectious infectious disease;

III. Technical or specialized personnel exposed to radiological emanations or nuclear, and

IV. Be ubiated in any of the assumptions provided for in the Rules of Procedure.

Article 16.- For the purposes of the provisions of Sections II and III of the previous article, the permanence of the military in areas must be checked infectious or radiological or nuclear exposure, with the certification of the Head of the Service of Infectology or Radiology, of the Head of the Human Resources Section or of the Administrative Section, as appropriate, with the approval or approval of the Director or Head of the Health Service Escalation, treat.

The Commander, Director or Head of the Agency to which the military member belongs in any of the cases provided for in the Articles II and III of the Article above, it shall forward to the administrative unit referred to in Article 2 of this Law, a copy of the appointment and the discharge and discharge of the military in the infectious or radiological or nuclear exposure area.

Article 17.- The credits referred to in this Law shall be entered upon the closing of the Service Sheets, the Acting Sheets and the Services Memorial. The deductions will be made upon the causes that motivate them.

Article 18.- The service time and age deductions will proceed in the following cases:

I. Those who would have been separated from the active service by unlimited license or by special leave other than those provided for in Article 20 of this law or who have been in fact taken away from the service for any cause not attributable to the Secretariat of National Defence, shall be deducted from the duration of the said circumstance.

The Secretariat of National Defense is considered a cause, the performance of a commission outside the military service on the orders of the Secretariat itself, provided that it has not been requested by the person concerned;

II. To those who have been sentenced to a custodial sentence, they will be deducted time of the sentence, except for the time they serve as an active service for any pre-release benefit or when the penalty is replaced by the penalty for the warning or fine;

III.     To which they have been disabled or suspended, the time of the disablement or suspension shall be deducted;

IV. Those who have enjoyed retirement will be deducted for the duration of their retirement this;

V. To those who have made use of a sick leave due to illness alcoholism or the use of narcotic drugs, they will be deducted for the duration of the drug;

VI.      To those who have been subject to criminal proceedings in which a decision to terminate the withdrawal of criminal action is issued, they will be deducted all the time of the duration of the procedure, unless the cause of the withdrawal of the action is the innocence of processing;

VII. Those who have been subject to criminal proceedings in which resolution is pronounced which declares that the criminal action is terminated by prescription or penalty for the same reason, shall be deducted, in the first case, the time set by the law for the prescription of the offence; and in the second case, the time during which they have been taken from the action of justice, plus the one that elapses in the submission to the Secretariat of the National Defense, and

VIII. To those who have enjoyed regular license, they will be deducted the time exceeds six months in that situation for each ten-year period of service.

Article 19.- It will not be deducted from service time or seniority, the time of the duration of a criminal prosecution when there is an absolute judgment.

Item 20.- It will not be deducted from the service time or age, the duration of the special license to perform popular election and the age limit license, in accordance with the Army and Air Force Organic Law. Mexicans.

Article 21.- The Mexican Air Force Command and the Army's General Directorates for Arms and Services will be responsible for computing and adjusting the Time of services for the implementation of the Law of Asscensuses and Rewards of the Mexican Army and Air Force and its Rules of Procedure.

TITLE SECOND

From the Performance and Service Time Comprobative Documentation

Article 22.- The performance of military personnel will be based on the following documents:

I. Take Action Sheet;

II.       Service Sheet;

III.     Services Memorial, and

IV.      Military Background Extract.

CHAPTER I

From the Take Action Sheet

Article 23.- The Take Action Sheet is the document in which the performance is conceptualized and the periodic history of the Generals, Chiefs and Officers is settled. Their stay in a Unit, Dependency or Installation of the Mexican Army and Air Force. They shall be drawn up by the Commanders, Directors or Heads of those who are dependent on such military, in the formats issued by the Secretariat of National Defense.

Article 24.- The concepts noted in the Take Action Sheets will serve as a background for the formation of the Military Services Sheet.

Those responsible for scoring concepts in the Take Action Sheets must conform to the reality with serene, reasoned and fair criteria, outside of any character damage. personnel and without prejudice to military decorum and dignity. They should also take into account that the concept they issue should be used to make the military aware of its errors and shortcomings and to correct them, if their action has not been satisfactory.

Article 25.- When a General, Chief or Officer causes high in a Unit, Dependency or Installation of the Mexican Army or Air Force, a Sheet of Action to be taken on:

I. General data, including the source of the data subject, the number of your registration, the date of registration, the name of the Agency and the number of the trade for which the movement was ordered;

II. The promotions obtained, indicating the reason for their granting;

III. The charges performed;

IV. The commissions conferred, including those that are not normally required perform the military according to its hierarchy.

When the military officer performs some commission to the orders of some Commander, Director or Head other than that of his or her membership, the latter shall issue a certificate of the action of that person and an extract from the certificate shall be entered in the Action Sheet, a document to be added to the file;

V. Studies accredited by official institutions and those recognized by educational authorities, as set out in the Regulation of this Law;

VI. The meritorious facts of the military being distinguished in some form of the general staff, such as participation in writing and publication of books and articles of relevance, in the elaboration of draft laws or regulations or of reforms to these and in studies on the militia, as well as the distinguished facts he has executed in campaign or action of war, specifically those they are those mentioned in the Mexican Army and Air Force's Ascensuses and Rewards Act and their Regulations or can be equated with them;

VII.    The campaigns and actions of war to which it concurred, expressing its duration and fixing the dates in which they took place, and the facts of arms in which it took part, detailing its military importance, duration, intensity and the command it took or the commission that performed during the action;

VIII. When a military officer has carried out the command of the operation, the results obtained shall be recorded. When you have operated in support or in reinforcement of a separate Unit, the Commander of the Unit shall issue the certificate with the data necessary for the respective entries to be made;

IX. The rewards and rewards you have obtained, scoring in each case the facts that They determined their granting, in accordance with the Mexican Army and Air Force's Ascensuses and Rewards Law and their Regulations. Similarly, information on awards and rewards granted by civil institutions will be settled;

X. The disciplinary correctives to which the creditor has been made and the causes generated;

XI. The concepts of value, instruction, fitness and civil and military conduct. In the case of Generals and Chiefs, the concepts shall be formulated by the Commander, Director or Head of Unit, Dependence or Installation of those who are dependent. In the case of the Officers, they will be formulated by the Council of Honour.

These concepts will be formulated in separate specifications and will be added to the Performance;

XII. The honesty, concept that will understand the quality of the individual to lead steady and steady way in the management of resources, respect for the rights of others and the custom of giving to everyone what belongs to him, as well as avoiding actions contrary to the Duty, the Decoro, the Honor and the Justice;

XIII. Temporary faults and their causes;

XIV. The particular concept of the Commander, Director or Head of the Body to which the person concerned is the same as the person concerned, who shall be registered each year or when he changes his membership, in accordance with Article 24 of this Law;

XV. The annual count of the service time that you will understand from the high date until 31 December, unless the military has changed its membership prior to this date;

XVI. The total count of the service time in the Unit, Dependency, or Installation, the one who will be settled by causing low the interest in the same. In this case, the Take Action Sheet will be closed and the reason for the drop will be noted, citing the trade with which it is ordered, and

XVII. The certification of the heads of the administrative offices or those performing These functions in the Units, Dependencies and Installations in the event that the Sheet is closed, noting the reason for the procedure. The Commander, Director or Head of the Agency shall endorse the Sheet and the person concerned shall sign it.

Article 26.- The Take Action Sheets will be closed in the following cases:

I.        To end the year, in the second half of December of each year;

II. Low on the Unit, Dependency, or Installation, when a General, Chief, or Officer to another Body. In this case, the Sheet will be closed with the date of the discharge and the time of service will be recorded for its permanence in this one, and

III.     By closing for the interested party to participate in promotional contests.

In the cases provided for in fractions I and II, the Action Sheet shall be issued in original and three copies to be signed by the person concerned. The original will be sent to the Command of the Mexican Air Force or Directorate of the Weapon or Service to which the military belongs, a copy will be sent to the administrative unit referred to in Article 2 of this Law, another will be delivered to the interested person for You will learn about its contents and one more will be kept in the Unit, Dependency, or Installation file that you issue.

CHAPTER II

From the Service Sheet

Article 27.- The Service Sheet is the document that summarizes the history of the military life of the Generals, Chiefs and Officers. It will be formulated by the administrative unit referred to in Article 2 of this Law, in the format issued by the Secretariat of National Defense and will contain the data that has been sent to the Army and the Mexican Air Force until its entry into force. their final separation.

Article 28.- The Service Sheets will contain a caratula and in leaf sheets the following will be settled:

I. The biographical synthesis that will comprise from the birth of the military to its entered the Mexican Army and Air Force, specifying the data relating to the studies it has carried out, knowledge it has, jobs it has occupied, the name of its parents, spouse and children, and, where appropriate, the declaration that it lives in concubinate, pointing to the name of the concubine or the concubinaire.

In this section, the general data of the military officer, his stature, weight, compliance and health status;

II. Jobs and promotions, noting the date of the military's high in the Army and the Mexican Air Force and the employment, as well as the date of the promotions and reclassifications that it has obtained subsequently, indicating the causes that motivated them;

III. The total count of the service time, including the Units, Dependencies, and Facilities in which you have served, the length of stay at each destination and, where applicable, the credits and time deductions that come under the Law;

IV. Studies accredited by official institutions and those recognized by educational authorities, as set out in the Regulation of this Law;

V. The campaigns and actions of war in which you have taken part and the facts of weapons to have attended, pointing to their start and end dates;

VI. The charges performed;

VII. The commissions conferred that they have not normally had Perform the data subject according to its hierarchy;

VIII. The meritorious facts that are found in the Stakeholders ' Take Action Sheets;

IX. The prizes and rewards settled in the Take Action Sheets interested;

X. The disciplinary correctives that have been imposed, as long as they are qualified with eight or more days of arrest;

XI. The licenses granted and enjoyed for fifteen or more days, and

XII. All military concepts issued in relation to the interested party.

Article 29.- In the Services Sheets, the high and low scores will be made in the Units, Dependencies and Facilities of the Mexican Army and Air Force in which the military has served, in accordance with the documentation on its file. Where this is not sufficient, the person concerned shall be asked for the relevant verification.

Article 30.- Upon completion of the annotations in the Services Sheet, the administrative unit referred to in Article 2 of this Act shall issue a certificate in the reason for the procedure to be expressed.

CHAPTER III

Of The Services Memorial

Article 31.- The Services Memorial is the document in which the military life story of Army and Air Force Troop personnel is recorded. Mexicans in chronological order. It shall be drawn up by the Commanders, Directors or Chiefs of whom the military depends, from the corporation level or its equivalent, in the formats issued by the Secretariat of National Defense.

Article 32.- Those responsible for issuing the concepts in the Services Memorial must conform to the reality with serene, reasoned and fair criteria, outside of any prejudice of a personal nature and without prejudice to military decorum and dignity. They should also take into account the fact that the concept they issue should be used to ensure that the military knows its errors and deficiencies and to correct them, if its action has not been satisfactory.

Article 33.- The Troop Staff Services Memorial must contain the following:

I. The general data to be entered by the data subject in the Recruitment Contract, including its origin and the occupation or occupation to which it was engaged before causing high, the number of registration and the date of discharge in the Mexican Army and Air Force, as well as the name of the Agency that approved its discharge and the number of the trade corresponding;

II. The promotions obtained and the reasons that originated them;

III.     Studies accredited by official institutions and those recognized by educational authorities, as established in the Regulation of this Law;

IV. The meritorious facts of the military being distinguished in some form of the general staff, such as participation in writing and publication of books and articles of relevance, in the elaboration of draft laws or regulations or of reforms to these and in studies on the militia, as well as the distinguished facts he has executed in campaign or action of war, specifically those they are those mentioned in the Mexican Army and Air Force's Ascensuses and Rewards Act and their Regulations or can be equated with them;

V. The campaigns and actions of war to which it concurred, expressing its duration and setting the dates on which they took place, and the facts of the weapons in which it took part, detailing its military importance, duration, intensity and command it carried out or the commission it performed during the action;

VI. The rewards and rewards you have earned, with each case noted The Mexican Air Force and the Mexican Air Force and its Rules of Procedure have been motivated by the law of the Ascensuses and Rewards of the Mexican Army and Air Force. Similarly, information on awards and rewards granted by civil institutions will be settled;

VII. Temporary faults and their causes;

VIII. The disciplinary correctives to which the creditor has been made and the causes generated;

IX. The charges performed;

X. The relevant Commissions that have been conferred upon you, when they are not The military should normally have to perform according to its hierarchy.

When the military officer performs some commission to the orders of some Commander, Director or Head other than that of his or her membership, the latter shall issue a certificate of the performance of the certificate and an extract from the certificate shall be entered in the Services Memorial, a document to be added to the file;

XI. The general concept of the military, including those relating to value, instruction, fitness, civil and military conduct, in accordance with the provisions of Article 32 of this Law;

XII. The honesty, concept that will understand the quality of the individual to lead steady and steady way in the management of resources, respect for the rights of others and the custom of giving to everyone what belongs to him, as well as avoiding actions contrary to the Duty, the Decoro, the Honor and the Justice;

XIII. The total count of the service time, including the Units, Dependencies, and Facilities in which it has served, the length of stay at each destination and, where applicable, the credits and time deductions that come under the law, and

XIV. The certification of the heads of the administrative offices or of those who perform these functions in the Units, Dependencies and Facilities in the event that the Memorial is closed, noting the reason for the procedure.

The Commander, Director or Head of the Agency will endorse the Services Memorial.

Article 34.- When the person concerned is assigned to another Unit, Installation or Dependence of the Mexican Army and Air Force, the Memorial of Services to continue documenting your military history.

In this case, the heads of the administrative offices or those who perform these functions shall issue a certificate with the approval of the Commander, Director or Head of the Office. What will be recorded on the dates of discharge and discharge of the Unit, Installation or Dependence, the computation of the service time and the number of the job in which the discharge is ordered and the new destination assigned to the military. This certificate will be added to the Services Memorial.

When an individual from Tropa ascends to the hierarchy of Officer or cause low of the Mexican Army and Air Force, his Services Memorial will be closed and sent to the administrative unit referred to in Article 2 of this Law, in order to open its file or to protect it, as appropriate.

CHAPTER IV

The Military Background Extract

Article 35.- The Military Background Extract is the document in which the totality of the years, months and days, as well as the Units, is recorded. Dependencies and Facilities in which the military has served since it caused high in the Mexican Army and Air Force, until its separation from the asset or the date of its preparation. It is used to check the total time of services, considering the credits and deductions provided for in this Law.

This document will be prepared exclusively by the administrative unit referred to in Article 2 of this Law, in the formats issued by the Secretariat of the National Defense.

Article 36.- The Military Background Extracts will be worked out:

I. For withdrawal effects by the following causes:

a) Innutility;

b) Age limit, and

c) Potestative retirement, where the person concerned has fulfilled the minimum time of service according to The Law of the Social Security Institute for the Mexican Armed Forces or for unlimited license.

II. For passing to the reservation;

III. To grant benefits to deudos, and

IV. On request of competent authority.

Article 37.- The Military Background Extracts will contain a caratula and leaf leaves as follows:

I. Biographical data, including full name; date and place of birth; degree; Arma, service or Speciality, registration; age; name of the parents and, where applicable, entries indicating changes of name or surname;

II. The age in employment that you perform at the time of your expedition, the document that the avale, the date of this and the time deductions that come according to this Law;

III. The Agencies you have served, including years, months, and days of remain in each one, considering the credits and time deductions that come under the law, as well as the high and low dates in each one and the causes that generated these movements, and

IV. The total count of the time of services that will comprise the sum of the years, months and days in which the military has served in each Agency, considering the credits and deductions of time to which the creditor has been made and indicating the cause of the elaboration of the Military Background Extract.

TRANSIENT

FIRST.- This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND.- For the purposes of this Law, it is understood that the National Army was created on February 19, 1913. Nevertheless, the veterans of the revolution of 1910, who have the right to count the time of services since November 20 of the same year, are included in this year, provided they have not been in the ranks of the usurpation, in the years 1913 and 1914.

For no reason will be counted prior to November 20, 1910.

THIRD.- The Law for the Verification, Adjustment and Computation of Services, published in the Official Journal of the Federation on December 31, 1943, is repealed.

FOURTH.- All provisions that are opposed to this order shall be repealed.

Mexico, D. F., as at 15 December 2005.-Dip. Heliodoro Diaz Escarraga, President.-Sen. Enrique Jackson Ramírez, President.-Dip. Marcos Morales Torres, Secretary.-Sen. Sara I. Castellanos Cortés, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the three days of February of two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.


TRANSIENT ITEMS OF REFORM DECREES

DECREE, which reforms and adds various provisions of the Mexican Army and Air Force Organic Laws; Ascensos and Rewards of the Mexican Army and Air Force; for the Verification, Adjustment and Computation Mexican Army and Air Force Services; Mexican Navy Organic; Ascensos de la Armada de Mexico; and for the Verification, Adjustment, and Computer Services of the Mexican Navy.

Published in the Official Journal of the Federation on June 12, 2009

Article Third.- Articles 18, fraction I, first paragraph and 20 of the Law for the Verification, Adjustment and Computation of Services in the Army and Mexican Air Force, to remain as follows:

..........

Transient

Article First.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Article Second.- All laws, regulations and administrative provisions that object to this Decree are repealed.

Mexico, D. F., to 21 April 2009.-Dip. Cesar Horacio Duarte Jaquez, President.-Sen. Gustavo Enrique Madero Muñoz, President.-Dip. Margarita Arenas Guzman, Secretary.-Sen. Gabino Cue Monteagudo, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at 11 June of two thousand nine.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.