Agai 67 process

Discussion in 'Military Discipline' started by dog2013, Aug 28, 2013.

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  1. Looking for some help.

    Once you have been given the findings from an Agai, then it goes to review. Is there anything else a soldier can do affter the review process.

    I.e, can the review be reviewed, if you like.

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  2. Read AGAI 67

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  3. I have, mabe missed that important bit.

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  4. REVIEW
    26. There is no automatic requirement for Review but a Higher Authority may of his own volition review any case or sanction. DPS(A) may request that a Higher Authority review a case or sanction. A serviceman may request that a review of his case or sanction be conducted by the Higher Authority of the Deciding Officer (except when the Army Board is the Deciding Officer) within 28 days of the promulgation of the sanction. The serviceman requests the review by writing to the Deciding Officer.

    27. On review of a case, a Higher Authority of the Deciding Officer, acting as the Reviewing Officer, must assess the evidence, including the serviceman’s explanation. A sanction can be upheld only if he is satisfied of the following:

    a. That there has been an adequate investigation.
    b. That, based on the evidence before him, including any representation, on the balance of probabilities, the alleged conduct or omission occurred.
    c. That the Service Test has been breached.

    28. The serviceman also must be offered the opportunity of an interview with the Reviewing Officer before he makes a decision on the case. A record of the interview is to be made. There may be circumstances when it is impractical for senior officers to conduct interviews, for example due to dislocation or operational circumstances. Interviews using video links are permissible if facilities are available. In such cases the reasons for being unable to offer such an interview are to be annotated on the report. The serviceman is not entitled to legal representation at this interview. The options available to the Reviewing Officer are:

    a. Revoke the sanction.
    b. Uphold the sanction.
    c. Substitute a less severe sanction.
    d. Refer the case back to the Deciding Officer for reconsideration with specific direction for investigation.

    29. The review of the case is to be conducted and the Reviewing Officer’s page of the Administrative Report, as found in Appendix 2 to this Annex is completed. The results of a review are to be recorded and promulgated as a further Directed Letter as in Appendix 7 to this Annex.

    30. On receipt of a file completed by the Deciding Officer, or Reviewing Officer if a Review has been carried out, PS2(A) Post Trial Section (PTS) will scrutinise the file to ensure that the process has been followed correctly. Should scrutiny disclose an error the case may be referred back to the Deciding Officer or Reviewing Officer as appropriate.

    REDRESS OF COMPLAINT

    31. Notwithstanding the right of review above, an application for redress of complaint may be made under s180 Army Act 1955.36 The progress of Administrative Action should not be delayed by the complaint. The complainant may include the grounds of their complaint in their representations to the Deciding Officer or Reviewing Officer so that their concerns can be taken into consideration at that stage, but this is without prejudice to their right to apply for redress.
     
  5. If it is a Major AGAI, then it will be looked at by Legal before a punishment is decided, and will be pretty watertight. Are you looking at major or minor action?
     
  6. Sorry to be pedantic, but you don't get punishments under AGAI, you get sanctions. In any case what Escotia siad is quite correct. Be aware of the 28 day rule.
     
  7. Thankyou all, it is major, waiting out on review date now, just wanted to know if there is a place to go after the review if not happy with outcome.

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  8. Gents, if i have this right "thanks escoca" if i am not happy at the review, i tell the reviewing officer i want to progress it to a redress of complaint.

    Or do i do that now?

    Sorry but it confuses me.

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  9. You can submit a redress but I would hold my breath on that score.
     
  10. Thankyou for your reply, do i put the redress in now or at the review.

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  11. Why not wait and see if the review comes out in your favour. You can submit a Service Complaint afterwards as long as you are still in the time limits
     
  12. Dog, come on we are all dying to know the in's and out's as to what it is. We can then either go for the prosecution or the defence.
     
  13. I ended up back under Dcmh "2yrs ago now and still there" my CoC not only have not been understanding but have hinderd me. I lost my temper and am now P0 waiting on my S grade, but they got me on a Major Agai. I now have written proof that it was totally engerneard, from my Oc to the Co in an Email. Written 29 days before the Agai interview with the Co which includes the sanction that would be awarded and it was to the letter. It deeply saddens me that my time has ended in this way but more that Seniors/Wo's and officers are supposed to work together and not turn on each other. My Oc and Ssm "my friend!!!" were the ones that did it and i am now waiting on a date for the review and he will get all the Emails statements to show it was a set up. Then Sc's for both of them and then civil acction, as you can tell i have a little fight back "thanks to my fianceè.

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