Admin discharge

Discussion in 'Military Discipline' started by thebe70, Dec 5, 2010.

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  1. Hi everyone,what is the exact criteria and procedure for admin discharge under the AGAI 67 report?On what grounds can discharge be applied for on AF 1301 or something?Does the soldier have a right of appeal to the CO and failing that,a tribunal?
    I understand that the soldier has to be placed under a formal warning before that,and even then I believe he has a right to appeal to the officer within 48 hours.I know that the army is under pressure to cutback,but does that mean they can discharge people,left right and centre without a strong reason?
     
  2. May I suggest that you read the AGAI
     
  3. I have read the whole thing but the point I am trying to make is,they do not seem to be following the procedure.It states serious inefficiency and misconduct as reasons but how can they be justified?
     
  4. Well, what did they include as evidence?

    Evidence that shows why the Originating Officer is considering discharge has to be provided and the soldier has to have 10 days to consider the findings and put in representation.

    Read the AGAI - the soldier should have an Assisting Officer to help him or her with the process!
     
  5. To cut through the legal mumbo jumbo.

    Basically you're sh1t and the CoC is getting rid of you.
     
  6. It's not me,my friend.

    And what do you define "shit" by the way?
     
  7. You tell us, what did you, sorry, I mean your friend, do?
     
  8. Nothing,he just was not motivated.Was just an average guy,doing as he was told.
     
  9. Basically your friend is either not quite cutting the mustard in their trade or soldier skills. ie they are not quite up to the challenge of the PFT/CFT, or they are worse than having no one at all to do the job they are paid to do. Or they are an discipline frightmare for their Tp/Sqn turning up late/drunk/etc.

    Of course you haven't really mentioned much about how your friend is inefficient or guilty of misconduct.

    Edit to add.

    Unmotivated, doing what he was told to do? Does that mean they had to be told to do EVERY thing, EVERY day.
     
  10. That would mean that the downgraded people,of which more than half are faking their injuries,would fall under that category,don't you think?Just because a civvy doctor gives them a permanent grading does not mean that they are incapable of doing anything.
     
  11. If they are to be discharged it will be done under a different system to AGAI 67.

    Did your friend ever consider 'motivating' the fcuk up before this was mentioned, or did they think they could just coast to the 22 year point as a private?
     
  12. I would have done that but the ***** kept promoting me and in the end I ran out of time.
     
  13. If your friend is being discharged under AGAI 67, Major Admin Action, then the CO will have had to take legal advice. If that advice suggests the sanction is appropriate then there is little that can be done, other than within the terms of the AGAI appeal process.
     
  14. What about legal aid outside on the part of the soldier??Can he appeal,take legal action??

    The army,as I understand is under a binding contract as well and can only discharge people on the grounds of extreme misconduct or inefficiency.
     
  15. Under Major AGAI 67 action the accused is not entitled to legal representation but may wish to speak with a lawyer at his/her own expense. If somebody is continually being a numpty then they can be discharged under prolonged inefficiency but you need the paperwork trail to back it up (i.e. loads of Minor AGAI 67's over 6 - 12 months) and the person would probably have to go on a formal 3 month warning. It can be done, I've seen it happen (google or Facebook Tom Bardsley to see one of the worst excuses for a soldier you could ever imagine).