Malaysia legislation

Section 28

of *ARMED FORCES ACT 1972

Section 28

(1)

Save as hereinafter provided every person, upon becoming entitled to be discharged, shall be discharged with all convenient speed, but until discharged shall remain subject to service law under this Act.

(2)

Where a person enlisted in Malaysia is, when entitled to be discharged, serving outside Malaysia, then—

Armed Forces 41

(a)

if he requires to be discharged in Malaysia, he shall be sent there free of cost with all convenient speed and shall be discharged upon his arrival there, or if he consents to his discharge being delayed, within six months from his arrival; but

(b)

if at his request he is discharged at the place where he is serving, he shall have no claim to be sent back to Malaysia or elsewhere.

(3)

Except in pursuance of the sentence of a court-martial under this Act, a person shall not be discharged unless his discharge has been authorized by the competent authority in accordance with any regulations made under this Part.

(4)

Every person discharged under the provisions of this Part shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed:

Provided that a person who is discharged within three months of attestation shall not be entitled to receive a certificate of discharge.

(5)

A person discharged in Malaysia shall be entitled to be conveyed free of cost from the place where he is discharged to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed at no greater cost.

Transfer to the reserve