Proper Procedure for bringing a charge

Discussion in 'Military Discipline' started by wingleader, Jun 29, 2011.

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  1. I missed my plane back to Northern Ireland and arrived back 48 hours late. I have been informed that I will be charged with AWOL. Since then I have been moved back to the mainland and although I have had several formal and informal interviews with my new OC and WO no charge has yet been brought. It is now over a month since my original transgression and I still do not know when I am to be charged. Now I hear from a former mate still in NI that he has been asked to provide a statement about my drinking. Is there a proper procedure for all of this and where can I see it. Where can I obtain legal advice on this process? Help
     
  2. Sounds odd. An absence of up to 48 hours can be dealt with under Minor AGAI Action.

    However, if you're going to be charged, Vol 1 of the Manual Of Service Law contains the procedure that needs to be followed and you should have an Assisting Officer appointed to help you.

    [ARCHIVED CONTENT] Page not found

    Chapter 10 deals specfically with AWOL and Absence.

    Happy reading!
     
  3. Agree with Alan Partridge does seem a wee bit strange. What was the truthful reason you missed your flight back to Belfast & did you inform your unit about the delay/snags. Also what was the conversation with your OC & WO like ? The fact that folk are asking your mates about your drinking habits would suggest that they are gathering evidence. Have you been in trouble before for being fond of the sauce ? The fact that you were not charged right away or AGAI action has not been initiated within the last month may possibly be in your favour. Are you an admin nightmare ?
     
  4. There is no fixed time for bringing a charge or starting admin action, except that a discipline charge has to be brought within 6 months of ceasing to be subject to Service Law.

    That said, any unwarranted delay would be considered as a mitigation or grounds for a Service Complaiint. I note that you say you have moved back to the mainland so perhaps a posting has caused a delay. My advice is speak to your boss and ask him straight what is planned, when will you be charged or told of an Admin Action and what is the cause of the delay. Often the best way to get a straight answer is to (politely) ask a direct question.
     
  5. Sounds to me like they are getting together a case for administrative dismissal from the service.
     
  6. Kill him. Move on and occupy the high ground.
     
  7. Under Human Rights Act legislation which applies to Admin Action it should be brought within a reasonable time. That old one eh. But Major is a total of 70 ds so any good laywer would argue the chain of command going over this without good reason.