Territorial Army - was I dismissed or discharged?

#1
I am applying for a Civil Service role which requires me to answer the following question:

"Have you ever been convicted by a Court Martial or sentenced to detention or dismissal whilst serving in the Armed Forces of the UK or any Commonwealth or foreign country? "

About 20 years ago, I was kicked out of the Territorial Army for non-attendance but don't have any paperwork about it. Some guy came round to collect my kit, perhaps I signed a document, can't remember.

Was I likely to have been discharged (hence I can answer no to that question ) or was I likely to have been dismissed, hence I will have to confess and see if I am now considered to be a suitable character for their recruitment.

Is 'dismissal' a term that only applies to the regular Armed Forces, for example? Are there any TA regs that might clarify if I was dismissed or discharged?

thanks for your help
 
#2
I may be wrong but I think all that happened there is you were discharged (not dismissed) for non attendance. Personally, I would treat the answer to your question as 'No'.
 

greyfergie

MIA
Book Reviewer
#3
Reading another thread on TA AR I was surprised to read you can (apparently) simply leave and eventually someone will (possibly) ask for yer gear back. So I suspect you really did this. Me? I'd go with what ACAB said and not worry about it too much...

Stick down discharged or no.




It's not like it's the real Army anyway:wink:
 
#4
I think you would have been discharged, which is more of an admin process as opposed to dismissed, which i would take as told to leave, more of a disciplinary process. In any case "plead the fourth"!
 
#6
Discharge under section 5.189 of the then TA Regulations - Failing to Fulfil Training Obligation.
 
#8
Well I had a N.D...the P.S.I. got 'shouty'..but as I was the O.C's driver and bridge partner I was told not to do it again..sometime in the early 70's of the last century.. :)
 
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#12
The way recruiting for FR2020 is going you're probably still in, or soon will be........
Good job I've moved since I left. They won't be able to find me.

Besides, not sure my body can take the serious, heavy nature of the boozing.... I mean work :p

As to the OP..... Good luck with the job application
 
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#13
The Fifth, surely?
[pedant mode]
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.

This is an amendment to the US Constitution. Wiki says this about self incrimination as it appies to England and Wales:

English and Welsh law[edit]
See also: Right to silence in England and Wales
The right against self-incrimination originated in England and Wales. In countries deriving their laws as an extension of the history of EnglishCommon Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination. As with other features of Scots criminal and civil law, both common and statute law originated differently from that in England and Wales.

Applying to England and Wales the Criminal Justice and Public Order Act 1994 amended the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation (in other words, the jury is entitled to infer that the accused fabricated the explanation at a later date, as he or she refused to provide the explanation during the time of the police questioning). The jury is also free not to make such an inference.
[/pedant mode]
 
#14
I'd guess you were binned by SNLR, they won't provide you a replacement unless extenuating circumstances, not been provided one is a good one I guess.

Either way I wouldn't favour your chances of getting away with a mis-declaration too highly as your service number will pop up alongside your name once your paperwork is processed.
 

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