Administrative Action – AGAI 67

The Army General Administrative Instruction 67 (AGAI 67) is a set of regulations within the British Army that outlines the procedures for handling disciplinary matters and administrative actions against military personnel. These actions can range from minor administrative penalties to more severe consequences, potentially impacting a military career.

There are several actions that you could face under AGAI 67, including:

• Minor Administrative Action: This includes minor disciplinary issues and could result in warnings, reprimands, or extra duties.
• Major Administrative Action: This covers the more serious breaches of the Service Test and could result in career sanctions or termination of service.
• Unacceptable Sexual Behaviour in accordance with 2022DIN01-073 dated 19 July 2022: This deals with the new policy where any proven act of unacceptable sexual behaviour carries a presumption of discharge.

The Service Test is the mechanism by which breaches in the Army values and standards are judged as follows:

“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 a crucial aspect of AGAI 67 proceedings, and understanding its significance is essential for individuals facing administrative action within the UK military. The Service Test serves as a fundamental principle in determining whether AGAI 67 proceedings should be initiated against a service member and whether those proceedings are justified.

There are several ways that this is analysed:

• Standards and Values: The Service Test is grounded in the military’s core values, which typically include qualities such as integrity, discipline, respect, and professionalism. When assessing whether someone has failed the Service Test, their behaviour is compared against these standards.
• Subjectivity: It is important to note that the determination of whether an individual has failed the Service Test can be somewhat subjective and depends on a number of factors including the quality of the evidence, as well as aggravating and mitigating factors.
• Proportionality: The Service Test is meant to be applied proportionally. This means that the consequences of administrative actions taken against a service member should be commensurate with the severity of the alleged breach of standards.

Ultimately, understanding the Service Test and how it relates to AGAI 67 is central to defending against administrative actions and protecting the rights of service members. It underscores the importance of seeking legal advice early in the process to ensure that your case is assessed fairly and that you do not inadvertently do or say anything to your detriment.

AGAI 67 proceedings can potentially result in discharge from the military. However, it is essential to recognise that the severity of the consequences can vary widely depending on the specific circumstances of your case.

Having experienced legal representation can make all the difference in the outcome of AGAI 67 cases.  We can work with you to minimise the impact on your military career and assist with any Review you may feel is required.

When facing administrative action you will have a number of rights:

• Right to legal representation: This right is critical in ensuring that you receive a fair and just outcome.
• Right to avoid self-incrimination: You have the right to avoid self-incrimination during AGAI 67 investigations but our legal advisers will advise you when to remain silent (for example, until the investigation is concluded and the full case papers are made available) and when it may be in your interests to fully co-operate.
• Right to a fair hearing: You are entitled to a fair hearing, which means that the proceedings should be conducted impartially and in accordance with established military regulations and policy.
• Right to have the full case disclosed to you and to submit a representation to the Deciding Officer.

The duration of AGAI 67 proceedings can vary widely depending on the complexity of your case, the availability of witnesses, and other factors. While some cases may be resolved relatively quickly, others may take several months to reach a conclusion.

We understand the importance of resolving your case promptly to reduce the impact it has on your life and so will work with you and the other parties involved to encourage a swift process.

You do have the right to appeal an AGAI 67 decision that you believe to be unjust or improperly handled. Appeals provide an opportunity to have the decision reviewed by higher authorities.

Our Military Law department are well-versed in the review process and can assist you in preparing a strong appeal. We will ensure that all necessary documentation is filed correctly and that your case is effectively presented to maximise your chances of a favourable outcome.

Should you wish to appeal the decision, it is crucial to initiate the appeals process promptly, as there are time limits for requesting a Review or submitting a Service Complaint.

Should you face an allegation of this nature, your first step should be to contact us.  We will assess your case, explain your rights, and guide you through the AGAI 67 process.  One of the key aspects of our service is helping you fully comprehend the nature of the case brought against you. We will review the allegations and the evidence, ensuring that you have a clear understanding of the situation.

We can represent you at an Oral Hearing, negotiate with military authorities to seek the best possible outcome and, if necessary, we can help you explore the options to appeal the decision.