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Administrative Action Solicitors

The Armed Forces use Administrative Action, also known in the Army as AGAI 67 proceedings, when military personnel fail to behave in accordance with its rules or fail to meet the standards expected of them. In the RAF such action is taken under AP 3392 and in the Royal Navy action under BRd 3(1) chapter 20. Such action is taken to rehabilitate, censure or initiate sanctions to correct professional or personal failings.  If you are a member of the military facing the potential consequences of Major Administrative Action, our dedicated and experienced Military Law Department are here to provide comprehensive legal guidance and representation.

This page focuses specifically on the Army AGAI 67 procedure. There are some differences under AP3392 and BRd 3(1) Chapter 20, however the processes are largely similar and we have experts with experience of all three processes from their own service.

We know that facing AGAI 67 proceedings can be daunting, and the consequences can be life-altering. That is why it is crucial to have experienced lawyers by your side to ensure your rights are protected and to advocate on your behalf.

Here, we answer a number of questions regarding AGAI 67 proceedings, however we would always advise you contact us directly to discuss your own situation. 

 

Administrative Action Frequently Asked Questions

What is 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.

What are the types of Administrative Actions under AGAI 67?

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.

What is the Service Test in relation to AGAI 67?

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. 

Can I be discharged from the military due to AGAI 67?

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. 

What are my rights during AGAI 67 proceedings?

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.

How long do AGAI 67 proceedings typically take?

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.

Can I appeal an AGAI 67 decision?

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.

What should I do if I am facing AGAI 67 proceedings?

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. 

If you find yourself facing Administrative Action we can provide expert legal advice with regards to the following:

  • The Service Test;
  • Service procedure relating to Administrative Action cases;
  • The drafting of representations and Appeals to the chain of command;
  • Representation before Oral Hearings;
  • Service complaints relating to Administrative Action cases.

Contact our Administrative Action Solicitors

We have experienced Military Solicitors who fully understand military procedures and so can expertly advise and assist throughout the process. To discuss your situation in more detail in our free consultation, contact one of our offices in AndoverRomseySalisburyTotton or Witney, by calling, emailing info@parkerbullen.com or using the Contact Form.