AGAI 67 and Administrative Action

AGAI 67 and Administrative Action

Our dedicated Military Lawyers can provide expert advice and guidance if you are facing Army General Administrative Instruction 67 (AGAI 67). We understand how daunting this process can be and are on your side to ensure that all proper procedures are being followed and you have the best legal representation possible.

The Armed Forces enforces the rules and values of military personnel through administrative action. This standard is set out in the Service Test which asks:

‘Have the actions or behaviour of a service person adversely impacted or are they likely to impact on the efficiency or operational effectiveness of the service?’

The Service Test is an essential part of AGAI 67 proceedings. It serves as the basis for whether AGAI 67 proceedings are fair and justified.

Failing to meet these requirements can lead to administrative action. At worst, this can lead to your removal from the Armed Forces. Therefore, it’s essential that you speak to one of our military lawyers today by emailing info@reeds.co.uk or phoning 0333 240 7373

Our military lawyers can help you in both the initial procedure and the review process. We will ensure that all procedures are being properly followed and work to get you your best possible outcome.

If you are being faced with administrative action, contact one of our AGAI 67 lawyers by emailing info@reeds.co.uk or by phoning 0333 240 7373. 

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We are one of a select few law firms that have specialist knowledge and skills concerning military law. We also provide legal advice and representation to police officers facing criminal and misconduct proceedings. We know the law concerning these types of matters inside out and you can be confident that we will manage your case strategically and build a vigorous defence.

Military and police discipline investigations and criminal prosecutions can have a devastating effect on your family and other personal relationships. You may also feel sidelined and isolated at work. We will fight tenaciously to defend you; you can trust that we will listen to your side of the story with compassion and sensitivity.

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FAQ

The Army General Administrative Instruction 67, more commonly known as AGAI 67, are regulations enforced by the British Army that outline procedures for administrative actions and disciplinary matters.

AGAI 67 is designed for the Armed Forces to correct both professional and personal failings of its personnel.

Both major and minor administrative action involve investigation and sanction. The cause and consequences of each differ:

Minor Administrative Action: This may include minor disciplinary issues. The consequences may be warnings, reprimands, or extra duties. It is unlikely that dismissal occurs from minor administrative action.

Major Administrative Action: This occurs from more serious violations of the Service Test. The consequences are more serious and may result in career sanctions or termination of service.

Minor administrative action may be taken by any officer or NCO senior to you. Some examples of offences that result in minor administrative action are:

  • Poor work
  • Poor turnout
  • Lateness
  • Absence under 48 hours

You must be told what you have done wrong and be given a chance to explain. If you believe that you have been treated unfairly, you can bring the issue to your Commanding Officer or Service Civilian Court.

Major administrative action is more serious than minor administrative action. It usually occurs when it is believed that you have breached the Service Test. This can include things such as:

  • Religious, racial, or sexual harassment
  • Serious inefficiency
  • Dishonesty or deceit
  • Bullying and harassment
  • Social misconduct
  • Substance misuse
  • Unauthorised contact with the media
  • Irresponsible indebtedness
  • Bringing the Army into disrepute
  • A serious breach of Values and Standards

Major administrative action can have a serious impact on your career, so it’s important to contact a lawyer immediately.

The Service Test is the basis of AGAI 67 proceedings. The ways in which the Service Test is used include the Standards and Values of the British Army. These are a key component in all areas of the military. These standards include morale, confidence between personnel, discipline etc. Your behaviour may be compared to these standards to analyse your relation to the Service Test. To read the full values and standards click here.

Other factors including subjectivity and proportionality can have an effect on the outcome of the proceedings. Therefore, it is crucial to seek legal advice as soon as possible to ensure that you have the best possible chance.

Yes. It is possible to appeal the decision if you believe that the results were unjust or the process was improper.

However, it is important to note that there are time limits in requesting a review so it’s important to get in touch as soon as possible. Our lawyers are experts in this review process and will ensure that all documentation is correct and that procedures are followed, to obtain you your best possible outcome.

It is possible for the outcome of AGAI 67 proceedings to result in dismissal. However, the severity of consequences vary widely case by case.

The Army Board can delegate responsibility to departments within the Army, who will then issue AGAI. There are two components of the Army’s discipline system: disciplinary action and administrative action.

Disciplinary Action: This involves the Service Criminal Justice System and is used to maintain good order and military discipline. Disciplinary action includes Service custody, summary hearings, and Court Martial. Consequences may include individuals receiving criminal and prison records.

Administrative Action: The Armed Forces use this to restore operational effectiveness. Levels of efficiency and effectiveness are assessed by comparison of your behaviour to a Service Test. Both the Service Test and the Values and Standards are considered in this process, which involves investigation, reporting, determination, sanction, and review. There are a range of outcomes in administrative action, with dismissal from the Armed Forces being the most severe.

One of the main differences between the two is that disciplinary action can be used in criminal matters, whereas administrative action cannot – it is more commonly used to put right professional and personal failings.