Qr para 9.404 ????

Discussion in 'Military Discipline' started by ex-fag-op, May 1, 2013.

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  1. hello there

    I'm an ex RLC Radio Operator and was discharged early 07. On my certificate of service it says - reason for leaving - QR PARA 9.404 - MISCONDUCT - basically I had a gleaming 5 year career that ended due to me not being able to deal with the break up of a relationship, literally a month before I picked up my Lcpl after 2 and a half years in the trade. what EXACTLY is QR 9.404? does anyone have an up to date copy of QR's? Some help with this would be massively appreciated.
  2. 9.404. Misconduct.
    a. The competent military authority to authorize termination is the brigade commander, or any brigadier or colonel
    commanding any garrison or force who is superior in command to the commanding officer.
    b. The Armed Forces Act 2006 Statutory Instruments govern this authority.
    c. Subject to sub-para (3) below, persons subject to service law, not being commissioned officers, are to have their
    service terminated using AF 130A, in the following circumstances:
    (1) If they have been convicted during their service by a court (civil court, Court Martial or summary hearing) of any of
    the following offences (to include attempts and aiding and abetting); homicide, serious assault (excluding common
    assault, battery and ABH), racially aggravated offences, sexual offences, firearms and explosive offences, offences of
    dishonesty, road traffic offences involving death, arson and other instances of serious criminal damage, public order
    offences (affray, riot, violent disorder); cultivation, importation, possession and supply of drugs.

    (2) If they have been convicted by a civil court, Court Martial, or at summary hearing for any other offence or
    for persistent misconduct, which in all the circumstances so adversely impacts on their character and/or
    integrity as to be incompatible with service life. This would include, but is not limited to any sentence of
    imprisonment or period of detention which is such that the person is no longer employable.
    (3) If a CO is of the opinion, despite a conviction listed in (1) or (2) above, that exceptional circumstances do
    exist and that termination of service is not merited, he must submit a case giving his reasons in writing to
    DM(A) via his immediate superior Headquarters, who will decide the case. If DM(A) agrees that termination
    of service is not merited, AGAI 67 action is still to be taken and a lesser sanction considered.
    d. When the termination of a Warrant Officer or NCO of Cpl or above is under consideration following conviction
    by a civil court, action is also to be taken in accordance with para 6.179 for consideration of reduction in rank
    either before, or at the same time as, authorization of termination of service for misconduct. LBdr/LCpl action
    should be taken by the commanding officer in accordance with para 9.177.
    e. The application for termination of service is to be submitted on AF B130A as soon as the offence has been dealt
    with. Full details of the offence are to be recorded on the soldier’s disciplinary record. The soldier’s
    disciplinary records together with the certificate of civil conviction are to be attached.
    f. In the case of a soldier sentenced whilst serving abroad, the competent authority is to consider termination of
    service for misconduct but if authorized, termination is not to be carried out until the soldier arrives in the United
    Kingdom, except when special permitted by DPS(A) PS2(A) in the case of a soldier sentenced to two years
    imprisonment or more by a civil court.
    g. Termination of service or authorization or retention in service is to be authorized on AF B130A.
  3. hotel_california

    hotel_california LE Book Reviewer

  4. thank you!
    that was an eye opener. but what does it mean regarding re joining? I understand that manning is high and its difficult at the moment but does QR 9.404 mean I wont even be considered? I need some closure on this.
  5. Ive already looked at this its very old and probably unreliable! thanks though!

  6. thank you!
    that was an eye opener. but what does it mean regarding re joining? I understand that manning is high and its difficult at the moment but does QR 9.404 mean I wont even be considered? I need some closure on this.

  7. Ive already looked at this its very old and probably unreliable! thanks though!
  8. You will not be considered.

    You've had your chance at service and been dismissed. In short, 9.404 (Misconduct) is used for soldiers who have been in some spectacularly deep shit - AWOL, dishonesty, violence, sexual crimes, CM and the likes.

    Enjoy civvy street, because as long as your arse has a hole in it, I'm fairly sure you won't be getting back into uniform!
  9. I have read this before but after speaking online to army recruiters I was encouraged to try again as its misconduct and not QR's PARA 9.414 SNLR. I'm bloody confused!
  10. Well the Recruiters will know the correct answer I am sure.

    If you wish to reapply then do so, but I will be amazed if your application gets far!
  11. well the coming months will reveal all .... thanks for your time.
  12. My name's Mick Philpott and I did a few years service back in the 80s's before deciding it wasn't for me at the time, that long pointy gun and stagging on in Germany really didn't agree with me. I've been told lately that I need to sort my shit out and get a job so I was thinking about re-enlisting (Once I've finished my current work commitment which will be about 2056) I've got a bad back so I'd have to stick to light duties however I'd happily man the fire piquet and things like that. Can anyone advise me on my chances of getting back in? Good luck to OP, maybe see you in basic :)
    • Like Like x 1
  13. sarcasm is the lowest form of wit - well done.
  14. You're welcome young man. I'll always respect both your service and the uniform you wear. And if you tell me I can only park somewhere for 30 mins I'll happily move on round the block.

    Pal, if you got booted, you're out, it really is as simple as that. Suck it up princess.
    • Like Like x 1
  15. That's brilliant..