Please help - Dispensation of Disciplinary Action?

Discussion in 'Military Discipline' started by Crio, Feb 22, 2011.

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  1. Good morning Gents,

    Thank you for taking the time to read my query:

    A little background - my fiancé left the Army in March 2008, following a short visit to MCTC. (Yes, I am aware that this is not a good thing, please don't flame.:thanks:) He was dekitted, signed papers and handed over his MOD90. The Colchester boys dropped him off at the train station and he made his was home.

    All well and good, we thought! He got himself a job, passed CRB checks, signed up with a GP, signed on the electoral roll, voted.... Etc.

    At 11:30 at night a few weeks ago, four civilian officers came to our home and arrested him for being a deserter. He was released on the condition he head to our nearest barracks to sort things out, which he has done.

    The unit dealing with all of this (his own unit are based some distance away) have said that they are applying for a "Dispensation of Disciplinary Action" and an SNLR.

    My questions are these:

    Does this sort of thing happen often? A lovely lady I spoke with at the SPA seemed to think it was pretty common.

    What is the likelihood that this Dispensation will be granted? I know that if it is not he will almost certainly be facing Courts Martial, and MCTC again.

    Please reply if you have any advice about this? I'm getting slightly frantic about this - I'm currently 8 weeks pregnant. Our baby is due in September (we lost a wee one last year :cry:) and I can't afford our apartment without my fiance's salary.

    Please be nice Gents - my fiance did his tours and he's a very good man, not some cowardly war-dodging prat. I wouldn't be with him if he were. He went to Collie for something stupid he did while he was suffering from a drinking problem. I'm not defending it, just explaining it.

    Thank you again for your time, I really appreciate it.

    Regards

    Crio
     
  2. Has he not asked the question as to why this is happening at all, since he was discharged from the forces?
     
  3. It would have been one of my first questions.
    If he's handed in his ID card and de-kitted why would the army be chasing him? Are you sure he's telling you the truth?
    Its possible there might have been an admin balls up, but I've never seen anything similar.
     
  4. do you have any proof (other than him telling you) that he was discharged from the army in 2008? or did he just tell you he dekitted, handed in his MOD F90 etc?

    if it's an admin clusterfuck by the army, i doubt you have anything to be concerned about. but i would guess that it would have been sorted quite quickly if this were the case. if they arrested him for "being a deserter" (presume you mean AWOL?) then there might be a reason... i.e. he might be AWOL, and have just lied to you about being legitimately discharged etc. he wouldn't be the first.
     
  5. MCTC doesn't discharge service personnel, they are Returned to Unit or other local unit for administrative (discharge) arrangements. So technically he could have been AWOL.
     
  6. Thanks for responding.

    Of course we've asked that question, but his own unit aren't dealing with it and are not being terribly forthcoming with paperwork. Colchester have it on record that his kit and I'D were taken, but they're still looking into his discharge.

    The unit dealing with it don't seem to want to investigate, they just want to rush through a(nother) discharge, but it depends on this Dispensation. We just want it dealt with in the quickest way possible so we can get back to normal.

    And yes, I trust him completely. I appreciate where you're coming from, I really do, but with great respect - what class of silly tart would I be to agree to marry him and have his child if I thought he was a liar?

    Thanks again

    C
     
  7. Well it sounds like he'll be discharged (again?) and back with you in no time.

    There's nothing wrong with a silly tart.......I've had a few in my time.
     
  8. B_AND_T

    B_AND_T LE Book Reviewer

    Yes they do, hence D Wing. Although most of the admin would have been done at his unit.

    I imagine this is a cock-up, either by his previous unit or RMP. Either the cancel awol signal wasn't sent properly or RMP hadn't actioned it their end (I have seen both).

    I find it odd though that civ plod would arrest him and then let him go?
     
  9. Haven't we all darling? They aren't entirely indiginous to the male species, I'll have you know. ;) Seriously though, thank you for your advice. C x
     
  10. It's been going through for about 3 weeks now - is that relatively quick? I'm in completely foreign territory here I'm afraid.

    As I said above, my dearly beloved may be many things, but he's not a liar. I'm 100% on that and won't be persuaded otherwise. He can't lie for toffee when he does try. That's why I know what I'm getting for Christmas and the reason I always beat him at poker. ;)
     
  11. My point being that MCTC doesn't (ordinarily) have the authority or resources to discharge. That is done pre-sentence, or if discharge post sentence agreed then back at original unit or other local arrangements.
     
  12. So did the unit dealing with the case. The Sergeant who's dealing with it now was gobsmacked. Basically he told the civ police everything I've told you, and they released him on the condition he rock up to barracks on Feb 25th. He's gone back in earlier than that though - we just want this sorted out.

    I'm just wondering - has anyone dealt with a Dispensation of Disciplinary Action before?

    Thanks again.
     
  13. I see your point. My fiancé wrote to his CO while in Collie to request the discharge and the confirmation and papers were apparently sent from his unit. As I've mentioned, they're pretty far away geographically, presumably didn't see the point in fronting up travel costs? Again, no idea, this really isn't my area. My fiancé is also badly dyslexic so not great with paperwork.
     
  14. B_AND_T

    B_AND_T LE Book Reviewer

    I have. It is used when the decision is made that it is not in the service interest to attemp to prosecute somebody who is facing a discharge. I have done it twice. The decision is normally made by the Service Prosecuting Authority.
     
  15. Thank you. I really hope you don't mind me asking, but which way do they usually decide? I'm sorry but I'm sure you can appreciate how worried I am. Thanks again. C