An army private who admits being overweight but says he is capable of doing the type of work assigned to him was yesterday granted a temporary High Court order preventing the Army from discharging him tomorrow.
Pte Vincent Crawford, who describes himself as a "company runner", lives at Gallows Lane, Lifford, Co Donegal, and is stationed at Lifford military post.
In court yesterday Ms Miriam Reilly, for the soldier, read an affidavit by Pte Crawford, who said his duties were in the nature of camp messenger.
In late 1996 he was refused early retirement and, on March 6th last, following a medical board examination, was downgraded to category E and was therefore below the required medical standard for the Army.
Pte Crawford said he was told of his entitlement to apply to the Adjutant General to be retained in service despite his medical classification.
His solicitor sent a letter on May 27th challenging the validity of the Army decision and the procedures employed in reaching that decision. On September 23rd, 1997, following a telephone call from his solicitors, he was told he was to be discharged from the Army tomorrow.
Pte Crawford said he did not dispute that he was overweight but said that he had been overweight for a long time and, in particular, was overweight when he received a contract of service eight years ago.
"I wish to make the point that I was at all times capable of doing the type of work assigned to me and believe I am capable of continuing to carry out those duties at present," he said.
The decisions taken and the manner in which they had been taken had caused considerable distress and anxiety to himself and his family, the private said.
He was now about to be discharged from the Army which he had loyally served for 20 years. He had received a testimonial with his discharge notice.
The consequences of his purported discharge were serious, he said. He would not be eligible for certain pension benefit payments and he would be denied the opportunity to submit reasons why he should be retained in service notwithstanding his new medical grading.
Ms Justice Laffoy granted Pte Crawford an interim injunction preventing the purported discharge taking effect. The injunction continues until Monday.