20220322 FOI02428 AGAI 049.pdf

May 2020

(Replaces Issue 168 dated Jul 11)

ARMY GENERAL AND ADMINISTRATIVE INSTRUCTIONS

VOLUME 2

CHAPTER 49

TERMINATION OF SERVICE AND DISCHARGE OF SOLDIERS

This Chapter is sponsored by Personnel Policy (Army). It covers the
regulations for dealing with Compulsory Termination of Service and
Discharge of Regular Army and Army Reserve soldiers. This
instruction should be read in conjunction with QR(Army) 1975
Chapter 9 Section 6, AGAI 64 and AGAI 78.

UK MOD © Crown copyright 2020

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VOLUME 2
CHAPTER 49
TERMINATION OF SERVICE AND DISCHARGE OF SOLDIERS

[D/PERS POL (A), WORKFORCE POL/316/01/D/49/1/17]

INDEX

Contents
Page
Paras
PART 1 – INTRODUCTION
General
49/1-1
49.001
Reference
49/1-1
49.002 – 004
Forms
49/1-2
49.005
Advice
49/1-2
49.006
Reserved
49/1-2
49.007 – 010
PART 2 – COMPULSORY PREMATURE DISCHARGE OF SOLDIERS
General
49/2-1
49.011 – 012
Principles
49/2-1
49.013
Discharges where Higher Authority is Required
49/2-2
49.014 – 018
Subsequent Administrative Action
49/2-4
49.019
Termination of Service for Foreign and
49/2-4
49.020
Commonwealth Soldiers / Non-UK Nationals
Complaints
49/2-4
49.021
Army Reserve Non-Attendance
49/2-4
49.022
Reserved
49/2-5
49.023 – 030
PART 3 – DISCHARGE OF SOLDIERS AWARDED CUSTODIAL SENTENCES IN
CIVILIAN ESTABLISHMENTS
General
49/3-1
49.031
Action to be Taken
49/3-1
49.032 – 035
Soldiers Committed to an Overseas Penal
49/3-3
49.036 – 037
Establishment
Discharge Application and Supporting Paperwork
49/3-3
49.038 – 038
Visits
49/3-3
49.039
Return to the UK
49/3-3
49.040 – 041
Reserved
49/3-3
49.042 – 050
PART 4 – DISCHARGE ATTRACTING INVALIDING BENEFITS – SOLDIERS
Permanently Unfit
49/4-1
49.051
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Contents
Page
Paras
Invaliding Leave and Terminal Leave

49.052
Resettlement Training

49.053
Refusal of Consent to Release Medical Information
49/4-1
49.054 – 055
Retrospective Medical Discharge
49/4-1
49.056 – 057
Reserved
49/4-1
49.058 – 060
PART 5 – DELAYS IN EFFECTING THE DISCHARGE OF SOLDIER SUBSEQUENT
TO AUTHORISATION
General
49/5-1
49.061
Policy
49/5-1
49.062 – 063
Debt
49/5-1
49.064 – 066
Reserved
49/5-2
49.067 – 49.070
PART 6 – PREMATURE VOLUNTARY RELEASE FOR SOLDIERS WHOSE
PARENTS OR CLOSE RELATIVES ARE EMIGRATING
General
49/6-1
49.071
Soldiers Under 18 Years of Age
49/6-1
49.072
Definition
49/6-1
49.073
Conditions
49/6-1
49.074
Applications
49/6-1
49.075
Appeals
49/6-2
49.076
Reserved
49/6-2
49.077 – 080
PART 7 – DISCHARGE OF CARE LEAVERS
Regulations
49/7-1
49.081
Duty of Care
49/7-1
49.082
Support
49/7-1
49.083 – 084
Visits
49/7-1
49.085
Reserved
49/7-1
49.086 – 090
PART 8 – DISCHARGE BY PURCHASE AND CONDITIONS OF DISCHARGE
General
49/8-1
49.091
Discharge at own Request – Free or by Purchase
49/8-1
49.092-093
Amount of Purchase Money
49/8-1
49.094
Refund of Purchase Money
49/8-1
49.095-097
Refund of Commitment Bonuses and Financial
49/8-2
49.098
Incentives
Reserved
49/8-2
49.099-100
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LIST OF ANNEXES

Annex
Title
Responsible/Technical Authority
Inability to accept unrestricted military
Army Headquarters Personnel Policy –
A
duties due to personal or domestic
Workforce Policy
problems warning certificate.
QR(Army) discharge codes for Regular Army Headquarters Personnel Policy –
B
Army soldiers.
Workforce Policy
QR(Army) discharge codes for Army
Army Headquarters Personnel Policy –
C
Reserve soldiers.
Workforce Policy
Common Causes for Discharge from
Army Headquarters Personnel Policy –
D
the Service – Under QR(Army) Chap
Workforce Policy)
9, para 9.414.
Supporting documentation for
Army Headquarters Personnel Policy –
E
discharge applications.
Workforce Policy
AFB 130A(D) - Discharges Check List
Army Headquarters Personnel Policy –
F
– AFB 130A (D) or (R) Under
Workforce Policy
QR(Army) Chap 9, para 9.414.

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RECORD OF AMENDMENTS

Change
Amendment
Authority
Amendment
Number
Date
Issue 168
DM(A)
Jul 11

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GLOSSARY OF ACRONYMS

Army Recruiting, Initial
ARITC
Medically Not Deployable
MND
Training Centre
Military Corrective Training
Army Welfare Service
AWS
MCTC
Centre
Competent Military
CMA
Occupational Medicine
OM
Authority
Chain of Command
CoC
Officer Cadets
OCdts
Commanding Officer
CO
Officer Commanding
OC
PULHHEEMS Administrative
Pamphlet Management
Discharge as of Right
DAOR
PAPMIS
Information System
(AGAI 78)
Defence Medical
Information Capability
DMICP
Primary Health Care Record  PHCR
Programme
Department of
Premature Voluntary
Community Mental
DCMH
PVR
Release
Health
Defence Primary
The Queens Regulations for
DPHC
QR(Army)
Healthcare
the Army 1975
Royal Military Academy
Engagement Expiry Date   EED
RMAS
Sandhurst
Retrospective Medical
Full Medical Board
FMB
RMD
Discharge
Regional Occupational
Initiating Officer
IO
ROHT
Health Team
Individual Leave
Senior Health Advisory
ILA
SHA(A)
Allowance
(Army)
Initial Medical
Services No Longer
IMA
SNLR
Assessment
Required
Joint Medical
JMES
Subject Matter Expert
SME
Employment Standards
Joint Personnel
JPA
Senior Medical Officer
SMO
Administration
Last Day of Service
LDoS
Service Person
SP
Major Admin Action
MAA
Soldier Under Training
SuT
Medical Deployment
MDS
Terminal Leave
TL
Standard
Medical Officer
MO
Temperamentally Unsuitable  TU
Medically Fully
MFD
Unit Health Conference
UHC
Deployable
Medically Limited
MLD
Unit Welfare Office
UWO
Deployability

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VOLUME 2
CHAPTER 49
TERMINATION OF SERVICE AND DISCHARGE OF SOLDIERS

Part 1 – Introduction

General

49.001.
The regulations for discharge of Regular and Army Reserve soldiers is in The
Queen’s Regulations for the Army (AC 13206) (QR(Army)). The primary chapter on the
subject being Chapter 9 and the relevant paragraph should be referred to when initiating
termination of service / discharge.

Reference

49.002.
The following publications provide further amplification relating to discharging
soldiers, in support of this AGAI:

a.
The Queens Regulations (Army) 1975 (QR(Army)) 75

b.
Promotions and Appointments Warrant (PAW)

c.
The Reserve Land Forces Regulations 2016

d.
JSP 534: The Tri-Service Resettlement and Employment Support Manual

e.
JSP 760: Tri-Service Regulations for Leave and Other Types of Absence

f.
JSP 950: Medical Policy

g.
AGAI Vol 2 Chapter 50: Supporting Non-UK Personnel

h.
AGAI Vol 2 Chapter 55: Retirement or Discharge on the Grounds of
Conscience

i.
AGAI Vol 2 Chapter 57: Health Committees

j.
AGAI Vol 2 Chapter 62: Discipline Policy

k.
AGAI Vol 2 Chapter 63: Alcohol Misuse

l.
AGAI Vol 2 Chapter 64: Substance Misuse

m.
AGAI Vol 2 Chapter 67: Administrative Action

n.
AGAI Vol 2 Chapter 78: Army Medical Employment Policy (PULHHEEMS
Administrative Pamphlet)

o.
AGAI Vol 3 Chapter 109: Care for Service Personnel under the Age of 18

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p.
AGAI Vol 3 Chapter 110: Army Suicide Vulnerability Risk Management
(SVRM) Policy

q.
JSP 100: Defence Holistic Transition Policy

r.
Unit Administration Manual

s.
JPA Business Process Guides

49.003.
Readers should note this list is not exhaustive.

49.004.
Readers should also note the importance of complying with the numerous
regulations and instructions and the observance of the correct procedures cannot be over
stressed.

Forms

49.005.
The main forms used in applications for termination/discharge are:

a.
AFB 130 – Application for the Discharge of a Soldier.

b.
AF B130(A)D – Application for the Compulsory Premature Discharge of a
Soldier or Non-Recommendation for Re-Engagement of a Reserve Soldier.

c.
AFB 130A(R) – Application for the Retention of a Soldier following suspected
Substance Misuse.

d.
AFB 132 – Authority for Soldier’s Premature Voluntary Release.

e.
AFB 204 – Application for Discharge as Defect in Enlistment
at a Phase One Training Establishment.

Advice

49.006.
Requests for advice from units concerning applications for discharge may be
obtained from G1 Staff at Brigade, Higher Formations, Garrisons or Stations and the
relevant APC Glasgow CM Branch. Army HQ Pers Pol Workforce Pol may be contacted,
via the GI Staff at Brigade.

49.007 – 49.010. Reserved.
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Part 2 – Compulsory Premature Discharge of Soldiers

General

49.011.
It is in the interest of the Service to have fair and effective measures to achieve
the discharge of soldiers whose retention has become undesirable. The authority for
straightforward and factually based discharges is delegated to commanding officers.
However authority for compulsory premature discharges of soldiers, possibly against their
will, under QR(Army), rests at the appropriate level in the chain of command or, in certain
paragraphs, with Pers Pol (A) in Army Headquarters. Where discharge is affected for
administrative reasons (see QR(Army), para 9.413), authority rests with the appropriate
APC CM Branch (Regular SP Only).

49.012.
Although necessary in the interest of the Service, compulsory premature
discharge can have serious consequences for the individual concerned. It deprives the
soldier of employment, career opportunities, pension prospects and accommodation (often
involving a soldier’s partner or family). It may result in discharge without prior warning or at
minimal notice, with the forfeiture of such privileges as terminal leave and, where eligible,
resettlement training, which normally cushion the transition to civilian life. Therefore, this
instruction sets out the principles and procedures to be followed to ensure that all
discharges are justified and are seen to be carried out with scrupulous fairness and equity.

Principles

49.013.
Whatever the nature of the case, or the level of authority responsible for
examining it and, where appropriate, authorising discharge, the following principles should
invariably apply unless insuperable practical considerations (e.g. the soldier’s medical
condition or their prolonged absence) render any of them impossible to achieve:

a.
Discharge proceedings should never be instituted without the soldier being
formally advised that their discharge is being applied for, told the reasons for it, and
given the opportunity to make representations. This should be done by means of a
formal interview, a record of which must be maintained. An AF B130A(D) is part of
the proceedings for discharge and does not constitute a record of the formal
interview. Such interviews should normally be conducted by the commanding officer;
invariably so in cases involving warrant officers and NCOs. Only in exceptional
circumstances should the interview be carried out by an officer below field rank. In
circumstances where the soldier is undergoing a sentence in a civil prison or
institution, they should be visited by a unit officer for the purpose of conducting the
necessary interview. These visits can be achieved by the unit making contact with the
Prison authorities and booking an interview with the individual, visiting officers are
normally accorded the same access as solicitors visiting clients.

b.
In cases where there is a possibility for the soldier to remedy the circumstances
which would otherwise lead to discharge proceedings being initiated they should first
be given formal warning under the terms of AGAI 67 Part 4, paras 67.071 – 67.079
and QR(Army), paras 9.405c or 9.414. This will allow them an appropriate period of
time (not normally less than 3 months) to show the necessary improvement. Prior
formal warning is a mandatory requirement in cases where discharge is subsequently
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sought under the provisions of QR(Army), para 9.405 (except as provided for in
paras 9.405d(9)) and 9.414d(7).

c.
The Formal Warning process is in AGAI 67 Part 4 and in the case of 9.414d(7)
at Annex A. Formal Warning should be actively considered at an early stage. In
particular discharge should not normally be sought under the terms of QR(Army),
para 9.414 on grounds of inefficiency, indebtedness, indiscipline or unsatisfactory
conduct as an alternative to the process of warning required by QR(Army), para
9.405. Para 9.414 may however be invoked on such grounds when a soldier who
successfully completes 2 or more QR(Army), para 9.405 warning periods
subsequently continues to misbehave. An illustrative list of categories, Annex B /
Annex C and a list of some typical circumstances which may warrant application for
discharge under QR(Army), para 9.414 are at Annex D to this AGAI 49.

d.
In reviewing an application for discharge, the authorising officer must be in a
position to take full account of all relevant factors, including the soldier’s service
record, any Formal Warning paperwork and any representation against discharge
which he may have submitted, as well as any mitigating factors.

Discharges where Higher Authority is Required

49.014.
When a commanding officer is satisfied that they should apply to the
appropriate authority for the compulsory premature discharge of a soldier, the application
is to be submitted on AF B130A (D). In cases under QR(Army), para 9.398a(4), where
the commanding officer is the appropriate authority, this procedure is still to be followed.

49.015.
In compiling their statement at Part 2 of the application, the initiating officer
should cover:

a.
Reason for application. A concise statement setting out the reason for the
discharge application.

b.
Performance and Potential. Overview of career to date and clear statement of
potential.

c.
Facts of the Case. Set out the facts of the case, referring to supporting
evidence, where appropriate.

d.
Summary and Recommendations.

(1) In cases submitted under QR(Army), paras 9.398, 9.404f, 9.405, 9.413
and 9.414 explicit reasons why continued retention would not be in the interests
of the Service.

(2) In cases arising out of the soldier’s unemployability, consequent upon loss
of employment qualification, full reason for such loss and an explanation of why
remustering to another employment within the soldier’s parent arm or service or,
failing that, transfer to another Corps has not been possible.

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(3)  A general assessment of the soldier based on the soldier’s performance
and potential set against the needs of the unit and, if possible, the requirements
of the Army.

(4)  Any mitigating, or compassionate, factors.

(5)  A recommendation, if appropriate, for re-enlistment, re-joining either the
Regular Army or Army Reserve at some time in the future.

49.016.
The soldier must have an Assisting Officer (AO), the duties of an AO are
contained in AGAI 67 appointed and see the initiating officer’s statement at Part 2, the
supporting evidence that forms part of the case to enable them to decide whether they
wish to submit any representation against discharge in Part 3. If the soldier explicitly
recognises that premature discharge would be in their own best interest, they should
acknowledge this in Part 3. If they are unwilling to be discharged, they should be advised
that it will be in their interests to submit a reasoned statement for consideration by the
appropriate authority.  The soldier should be given at least 48 hours in conjunction with
their AO during which to prepare any representation. The justification for the soldier
completing Part 3 of the AFB 130A (D) is to provide clear visibility on the thoughts of the
individual being discharged and to aim off against future complaints of ill treatment or
otherwise against those facing discharge. The comments at Part 3 can also assist with
future decision for individuals to re-join the service should they wish to apply to do so.

49.017.
When a soldier makes a representation at Part 2 of the report the commanding
officer must at minimum acknowledge that he has seen the statement at Part 2, at Part 3.
The soldier is to be given the opportunity to see the comments at Part 3 of the
AFB 130A (D) on interview.  It will be unusual for such further comment to be required
other than to rebut any unfounded allegations or misrepresentation of the facts in the
soldier’s statement by the commanding officer.

49.018.
Applications should always be accompanied by any relevant documentary
evidence, Annex E refers, which will assist the appropriate authority in deciding the case.
In particular:

a.
Copies of JPA conduct sheets together with copies of the certificates of civil
convictions or reports from the officers attending court, where appropriate.

b.
Where the application for discharge was preceded by a Formal Warning(s),
copies of the relevant warning certificate(s) must be submitted, in particular the final
assessment at the end of the 3, 6 or 9-month warning periods.

c.
Copies of RMP / SIB reports where relevant to the case.

d.
In all cases involving the misuse of drugs a copy of the APSG – OC CDT
notification documentation in particular:

(1)  AGAI 64 – Notification letter for compulsory drug testing positive sub cut
off, including any post CDT interview statements from the soldier and their AO.

(2)  Toxicology reports when issued in deny cases or requested by the chain of
command.
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(3)  AGAI 64 – Record of subsequent interview of individual having challenged
the result of positive during compulsory drug testing (CDT).

(4)  ALS advice where this has been obtained – this is not to be disclosed to
the individual.

e.
DCMH Consultant Psychiatrist’s certificate relating to the soldier.

f.
Any other documentation that is relevant to the application.

g.
If the soldier has been committed to MCTC Colchester, the expected date of
release should be notified in the covering letter considering any likely remission
earned.

Subsequent Administrative Action

49.019.
The appropriate authority will examine the case and decide whether discharge
is to be authorised. If the decision is taken to discharge the soldier the unit is to raise the
Service Initiated Termination (PR913004) through JPA Workflow following the procedures
given in current instructions for the termination of service of an individual and in
QR(Army), paras 9.438-9.439. In particular the unit must immediately inform the APC
Terminations and the parent APC CM Branch of the soldier’s termination date. Units are
reminded that with the exception of those who have been granted permission to take local
release overseas all terminations of service are to take place in the United Kingdom and
Northern Ireland. The unit is to ensure that it completes the soldier’s testimonial
(AF B108X), and that they sign this form during their final interview with the commanding
officer.  This form is then to be issued to the soldier and a copy included in their
documents forwarded to the specific CM Branch (Regular Sp Only).

Termination of service for foreign and commonwealth soldiers / non-UK nationals

49.020.
AGAI 50 is the policy that applies to all members of the Regular Army whose
status is “exempt immigration control” by virtue of their service and entitled family
members who are subject to immigration control (including where the SP is a UK national).
It also applies to the Army Reserve and veterans where practicable and manageable.

Complaints

49.021.
A soldier’s right to submit a representation against discharge in no way removes
their statutory right to subsequently make a Service Complaint. If the decision is taken to
discharge and the soldier maintains they have been wronged or there has been wrong
doing during the discharge process they should be advised to raise a Service Complaint.
See JSP 831 and JSP 830, Vol 1, Ch 24.

Army Reserve Non-Attendance

49.022.
A non-attender is defined as an Army Reserve who has not attended any
training period within a Training Year (1 Apr-31 Mar) and has not gained a written leave of
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absence from their Commanding Officer’. When a non-attender cannot be contacted in
person, the following process may be followed:

a.
A letter is to be sent by special delivery to their last known address ordering
them to report for duty on the next training night, or to contact their unit giving good
reasons for being unable to do so and arranging an alternative day.

b.
If they fail to attend or respond satisfactorily to that letter, a further two letters
are to be sent by recorded delivery at 2-week intervals, from the CO formally warning
them that continued non-attendance for training will result in their discharge from the
Army Reserve.

c.
The unit is to ensure proof of delivery of all recorded letters is retained on the
SP’s P File.

d.
If no response is received, the soldier is to be discharged under QR(Army),
para 9.414.

49.023 – 49.030. Reserved.
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Part 3 – Discharge of Soldiers Awarded Custodial Sentences in Civilian
Establishments
General

49.031.
Soldiers convicted by a civil court or Court Martial and awarded custodial
sentences in civilian establishments are committed direct from the civil court to the
appropriate establishment. On sentence by Court Martial committal is via MCTC
Colchester. In all such cases it is necessary, when discharge from the Army has been
authorised by the Competent Military Authority (CMA), the parent unit are to assume all
responsibilities.

Action to be Taken

49.032.
The following action is required:

a.
Complete the process to stop the SPs pay (BPG IN917013 Administering An
Unpaid Absence Record). If after the monthly pay run, the unit is to follow the
process in BPG IN917013 to recall the payment.

b.
Record a civil conviction on JPA.

c.
The discharge application via an AFB 130 after the findings of a Court Martial
where the CO is the CMA to authorise termination or an AFB 130A (D) to the Brigade
or Higher Authority (HA) for discharge under QR(Army) para 9.404 or 9.405 where
the OF6 or OF5 are the nominate authority.

d.
For discharges under QR(Army), para 9.404 or 9.405, the unit should take
advice from the G1 chain of command, ALS and if required APSG Conduct. The JPA
Conduct sheets together with the certificate of conviction and notice of fine, plus any
legal advice, should be sufficient supporting evidence on which to authorise
discharge.

e.
It will be for the Brigade HQ / Higher Authority (HA) staff to issue a formal letter
of discharge to the parent unit commanding officer or the bespoke commanding
officer if appointed.

f.
The full discharge case file, completed at Part 6 of the AFB 130A (D) and all
supporting documentation should be returned to the unit charged with carrying out
the discharge process.

g.
The effective date of discharge will normally be the date of committal to civil
prison or Young Offenders Institution. Where an individual and / or their legal team
have made a formal appeal to the sentencing authority, this should not delay the
discharge process. However, ALS advice may be taken in exceptional cases only by
the CO.

h.
The appointed CO of the individual should confirm the up to date location of the
detainee within the HM Prison system and arrange with the prison or Young
Offenders Institution authority to carry out a prison visit. This visit should be made by
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an appropriate officer, i.e. UWO, RCMO, Assisting Officer, Padre. The purpose of the
visit is to:

(1)  Provide a copy of the authority for discharge of the soldier.

(2)  Carry out all unit discharge documentation not previously complete pre-
court case, listed at Annex A or G of the Unit Administrative Manual. Including
the collection of the MOD Form 90 and disposal instructions for both military
and civilian clothing and equipment.

(3)  Issue of the AFB 108X – soldiers testimonial.

(4)  Issue the soldier and / or the prison welfare staff with details of the Army,
Corps, Regimental After-Care points of contact, for use on the release from
detention of the individual. This should include a copy of the booklet Transition
to Civilian Life. A Welfare Guide for the Service Leaver should be provided to
the Early Service Leaver prior to discharge. The link is at –
https://www.gov.uk/government/publications/service-leavers-pack.

49.033.
It is appreciated that in cases where a short custodial or suspended sentence
has been given, time to affect discharge is limited. In this connection, the requirement to
produce a conviction certificate at the time application is made to the CMA for discharge
authorisation may be waived. Confirmation that the soldier concerned has been convicted
and sentenced can be obtained from the officer attending the court under QR(Army),
para 6.174 and AGAI 65, if applicable, from the court or from the establishment in which
the individual is confined. Documentary confirmation can then be obtained later for
retention with the soldier’s documents.

49.034.
In the case of soldiers sentenced to imprisonment by a court-martial, the
services of a nominated unit may be required before the soldier’s discharge from the Army,
during the currency of their sentence until it is finally completed. In such cases, however,
as the soldier will have been committed from a military unit, the duties later required by the
nominated unit can be considerably reduced if the following action is taken by the unit
immediately after confirmation and promulgation of sentence and prior to committal to
prison:

a.
If discharge is not already authorised submit the requisite application on
AF B130A(D) to the appropriate military authority, normally the Brigade or HA, as
required by QR(Army), para 9.404.

b.
Have the soldier medically examined and the relevant documentation
completed at the same time. Nominated units are to consult the Commander Medical
at division or district headquarters to ascertain the most convenient and cost-effective
method of carrying out discharge medical examinations on Service personnel
committed to a civil establishment for which they are responsible.

c.
Forward to the Document Handling Centre at APC all documents pertaining to
the individual, including copies of the discharge authority and all supporting
documentation for scanning into the Army / DBS archives.

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d.
If the soldier is occupying an SFA inform the Service Housing Agencies, and
where applicable the Army Welfare Service.

e.
In the case of soldiers who transit through MCTC en-route to a civilian prison,
liaise with the Commandant MCTC and confirm arrangements for the prisoner to be
escorted to MCTC under unit arrangements and after due process to the civil prison
under escort by MPS personnel. The parent Unit are responsible for completing all
required MCTC committal forms.

f.
In the case of units outside UK, make the necessary travel arrangements
notifying Commandant MCTC and all relevant agencies of the details.

49.035.
Finalisation of discharge action and documentation is the responsibility of the
parent unit.

Soldiers Committed to an Overseas Civil Establishment

49.036.
It is not policy to discharge soldiers for the Army while they are detained in an
overseas penal establishment on remand or under sentence.

49.037.
The contacts already established with the Military Attaché at the British
Embassy / High Commission responsible for the territory holding the individual, are to be
used and an action plan agreed.

Discharge Applications and Supporting Paperwork

49.038.
The unit should liaise with the prison authorities via the Military Attaché at the
British Embassy / High Commission to prepare any discharge application and supporting
paperwork.

Visits

49.039.
Visits to the individual imprisoned, these visits should be carried out by the
Military Attaché at the British Embassy / High Commission. Visiting officers are normally
afforded the same access as solicitors visiting clients.

Return to UK

49.040.
An action plan agreed with the Military Attaché at the British Embassy / High
Commission for the procedure to be implemented when the individual is released from
custody or repatriated to the UK. In outline this is likely to be:

a.
Passage at public expense using the parent unit UIN to the UK, with onward
travel documents to the former parent unit or a unit nominated by HQ HC. In the case
of transfer to a UK based HM Prison or Young Offenders Institution to MCTC
Colchester for processing in conjunction with the Home Office and Border Agencies.

b.
Pre-prepared discharge documentation action to be awaiting the arrival of the
individual.

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c.
Issue of final discharge and after care material as laid down at
service leavers guide and including the Future Horizons Programme material.

d.
Final travel documentation to nominated location in the UK.

49.041.
A soldier sentenced to imprisonment overseas, remains subject to Service
discipline until discharged from the Army.

49.042 – 49.050. Reserved.
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Part 4 – Discharge Attracting Invaliding Benefits – Soldiers

Permanently Unfit

49.051.
Medical Discharges of Soldiers. There may be instances when a soldier is
considered unsuitable for further Army Service on Medical Grounds. The procedures in
AGAI 78 medical Employment Policy (PULHHEEMS Administrative Pamphlet) are to be
followed.

Invaliding Leave and Terminal Leave

49.052.
AGAI 78 para 719 to 724 stipulates the leave entitlements for an individual who
are being medically discharged.

Resettlement Training

49.053.
AGAI 78 para 1030 to 1031 confirms that individuals recommended for
invaliding from the Service remain eligible to commence resettlement training in
accordance with JSP 534 while their case is being processed and submitted to the AEB.

Refusal of Consent to Release Medical Information

49.054.
Soldiers should be aware that should an individual not consent to the Chain of
Command (CoC) having access to their medical grading (including their JMES) then the
unit MO is required to enter the JMES of A6 L6 M6 E1 onto DMICP. This JMES is not a
grade that could occur in any other circumstance and will inform the CoC that the service
person has not consented for their medical grade to be released. They will not be entitled
to invaliding leave or additional resettlement leave that would be granted specifically for a
normal Medical Discharge and may face the less attractive option of discharge as services
no longer required under the terms of QR(Army) para 9.414.

49.055.
It is not intended that any of the foregoing should interfere with or delay the
processing of a medical discharge when the case is beyond question. Most medical
discharges are completed for the sole benefit of the individual; after every possible effort
has been made to rectify their injuries or medical complaints. PTSD type discharges are of
particular note, the unit chain of command should ensure that both the transfer of
individuals into the NHS system under the Government Military Covenant guidelines, and
the delivery and signposting of the full range of ex-military and civilian welfare, after care
facilities and resettlement agencies, including the Future Horizons project are not
overlooked.

Retrospective Medical Discharge

49.056.
Applications and requests from individuals, sometimes with the assistance of
Welfare Agencies, seeking a RMD. The RMD team are the conduit for collating relevant
consent and case information.

49.057.
AGAI 78, para 78.1209 – 78.1212 is the policy on dealing with these cases.

49.058 – 49.060. Reserved.
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Part 5 – Delays in Effecting the Discharge of Soldiers Subsequent to
Authorisation

General

49.061.
Cases occur of soldiers being retained incorrectly in the Service after authority
has been received by their commanding officer for discharge action. In particular this
occurs when the application has been made for discharge under QR(Army), para 9.414
(Services no longer required).

Policy

49.062.
It is not permitted to retain any soldier with the colours once their discharge has
been authorised, other than with their consent, which must be in writing. Units must take
legal advice if contemplating an application, with or without the soldiers consent and the
case referred to Pers Pol (A) Workforce Pol.

49.063.
Instances where delay in effecting discharge is acceptable; must always be the
exception. These might be classified as falling under the heading of good management on
welfare, compassionate or after care grounds, e.g. a single soldier awaiting living
accommodation with SSAFA Sure Start or other Service Charities. Even in such cases
discharge can only be delayed if the soldier consents and a statement to this effect given
at Part 2, 3, or 4 of the AFB 130A(D).

Debt

49.064.
Cases occur of soldiers being retained incorrectly in the Service after authority
has been received by their commanding officer for discharge action. As soon as possible
after termination has been authorised the soldier's service must be terminated. Pers
Pol (A), Workforce Pol will grant a maximum period of 14 days for unit discharge action to
be taken, an additional period up to 28 days may be authorised on request, if justified.
Soldiers are NOT normally to be retained in the Army in order that they may build up a
credit balance of their military salary in order to repay public or private debts.

49.065.
A dilemma could arise because of the need to protect the good name of the
Army when, for example, a soldier owes large sums to civilian organisation. Nevertheless,
these are private matters and it is NOT Army policy to retain soldiers with the colours in
order to repay debts.

49.066.
A soldier’s retention after their discharge has been authorised means that, in
effect, the Army is paying off the debt, but in order to do so it has to pay the soldier
considerably more than the total of the debt-costs additional payable to the debt are Tax,
NI contributions, Statutory minimum payment to the individual etc. It is less costly to write-
off military debts. Once discharge action is contemplated efforts should be made to avoid
increasing a soldier’s indebtedness. All civil banks and firms operate measures to obtain
the recovery of debts as a normal function of business and therefore action to discharge
should only be delayed if it is in the Service’s interests to do so. MOD(A), DBS and APC in
some circumstances may well appoint civilian debt collection agencies to recover any over
issue of allowances or the military salary, identified after the discharge date. Unit
commanding officers will be aware that any write off cash requires a 2 Star authority.
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49.067 – 49.070. Reserved.
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Part 6 – Premature Voluntary Release for Soldiers Whose Parents or Close
Relatives are Emigrating
General

49.071.
This part lays down the principles to be applied when dealing with applications
for premature voluntary release from soldiers who wish to leave the Army in order to join
parents or immediate family who are emigrating. A soldier may request to be released
from Army service under the provision of QR(Army), para 9.414 Release from Army
Service in order to join parents or immediate family who are emigrating provided the
requirements stated below are satisfied, such individuals are to be discharged and not
transferred to the Regular Reserve. Any Long Term Reserve liability may be relaxed.

Soldiers under 18 Years of Age

49.072.
Where the soldier is under the age of 18 years they should use their statutory
right to discharge from Service in accordance with QR(Army), para 9.391.

Definition

49.073.
Parents or immediate family are defined as follows:

a.
The soldier’s parents.

b.
Sole remaining parent if a widow or widower.

c.
Parent with whom the soldier lived before enlistment, if the parents had
separated.

d.
Other persons who had parental rights and powers in respect of the soldier
when they enlisted.

e.
Any relative (other than a parent) who at the time of the application is recorded
as the soldier’s next of kin, but only if both parents are deceased.

f.
Their spouse or civil partner (as applicable) if the spouse, civil partner is a
resident and passport holder of the country to which the couple intend to emigrate.

Conditions

49.074.
The following conditions apply:

a.
Age. The soldier must be under the age of 21 when the application is submitted.

b.
Marital status. The soldier must be unmarried, as married soldiers are ineligible
except in the circumstances of para 49.073f.

c.
Country. The family must be emigrating to a country outside Europe, which in
this context also includes Iceland, Spain, Portugal, Italy, Greece and the
Mediterranean Islands, despite being European Countries.

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d.
Proof of emigration. Proof must be provided that:

(1)  The relative is emigrating.

(2)  The soldier is acceptable to the country concerned (e.g. a letter from the
appropriate High Commission or Embassy), and

(3)  The soldier has proof of payment to meet the travel and relocation costs.

Applications

49.075.
Provided the conditions listed above are met, the discharge is to be processed
on an AFB130A(D). The CMA for approval is Hd PersPol(A). The proof of emigration is to
be provided as supporting evidence.

Appeals

49.076.
Where a Unit is unwilling to support a request for discharge the soldier should
either contact SO2 Discharges, WfPol to appeal the decision or refer to
JSP 831 Service Complaints.

49.077 – 49.080.  Reserved.
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Part 7 – Discharge of Care Leavers

Regulations

49.081.
The Children (Leaving Care) Act 2000 governs the duty of care of individuals
defined as ‘Care Leavers’. The definitive source for advice on care leavers are JSP 822
and JSP 834. QR(Army), para 9.339 – 9.340 refers.

Duty of Care

49.082.
When a soldier who is defined as a care leaver is discharged or terminates their
service the CoC have a duty of care to them. The local authority has responsibility for them
until they are 25 years old and therefore should be informed of the discharge.

Support

49.083.
Care leavers may not have a support network when they leave service which
may make them more vulnerable. It may be advisable for the CoC to seek advice from the
welfare services if they feel the soldier needs additional support.

49.084.
Care leavers represent a ‘special group with specific needs’ and extra sensitivity
is required. The relevant local authority is to be contacted and appropriate arrangements
may be required for return in to their care. Where necessary, assistance should be
requested from the welfare services to assist with contacting the local authority.

Visits

49.085.
Whilst a Care Leaver is going through the discharge process the Local Authority
may wish to carry out visits as they have a statutory requirement to carry out certain visits.
Every effort should be made to offer assistance to and enable the access for Local
Authority visits.

49.086 – 49.090. Reserved.

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Part 8 – Discharge by Purchase and Conditions of Discharge

General

49.091.
See QR(Army) para 9.415 to 9.422 and Chap 9 Annex G for instructions
regarding the conditions and procedures to be applied in cases of applications for
premature voluntary release on payment.

Discharge at own Request – Free or by Purchase

49.092.
The number and categories of soldiers discharged free or by purchase, and the
method of their selection, shall be as laid down from time to time in Army Terms of Service
Regulations, with the exception of recruits who have a statutory right to purchase their
discharge.

49.093.
A soldier shall not be permitted to purchase discharge unless serving on a
normal regular engagement, short service engagement, or supplemental service
engagement. A soldier on the Open Engagement or Versatile Engagement may not
purchase release from Army Service.

Amount of Purchase Money

49.094.
Unless otherwise decided by the Defence Council, a soldier who is permitted to
purchase their discharge shall pay such a sum as is prescribed in the table below. The
date of formal application for discharge, i.e. the day on which the soldier signs the
AF B 132, shall govern the rate in pounds sterling to be paid regardless of whether or not
discharge is deferred under the terms of QR(Army).

Soldiers on
Soldiers on
Soldiers on
engagements of 6
engagements of 6 years
engagements of 9 years
years or less
but less than 9 years
or more
3rd year: 1st quarter
200
225
550

     2nd quarter
200
250
575

     3rd quarter
200
275
600

     4th quarter
200
300
600
4th year:
200
325
600
5th year: 1st quarter
200
300
700

   2nd quarter
200
275
700

     3rd quarter
200
250
700

     4th quarter
200
225
700
6th year:
200
200
700
7th year: 1st quarter
Not applicable
200
600

2nd quarter
Not applicable
200
550

3rd quarter
Not applicable
200
450

     4th quarter
Not applicable
200
400
8th year: 1st quarter
Not applicable
200
300

2nd quarter
Not applicable
200
250

3rd & 4th quarter
Not applicable
200
200
9th to 12th year
Not applicable
Not applicable
200
Note:  A quarter of a year is to be taken as three calendar months.

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Refund of Purchase Money

49.095.
If, after having discharge by purchase at the full purchase rate, with an
assessment of military conduct not below "fair", a soldier is granted a direct commission,
re-joins from the Regular Reserve or re-enlists into the Royal Navy, Royal Marines, Army
or Royal Air Force for an initial period of not less than three years on the Active List or with
the Colours, a portion of the purchase money may be refunded to the person who paid it.
To qualify for such a refund, which is subject to Article 21 of the PAW 09, the former
service must have been declared on commissioning, re-joining or re-enlistment.  A partial
refund will not be made until three months reckonable service has been completed after
re-joining.  The portions shall be:

a.
Where a soldier re-joins within six weeks of purchasing their discharge the full
amount of purchase money. This only applies to a person who re-joins the service
from which he purchased their discharge or transferred to the Regular Reserve.

b.
Where a soldier re-joins after six weeks from the date of purchasing their
discharge:

(1)  In the case of a soldier who claimed their discharge under the provisions
of the Army Terms of Service Regulations – one half of the purchase money.

(2)  All other cases – two thirds of the purchase money.

49.096.
The soldier's record of service, in which the purchase of transfer to the Regular
Reserve or discharge was recorded, will be endorsed accordingly.

49.097.
The refunds apply to recalled regular reservists except that the rule given in sub
para a, that re-enlistment must be for a period of not less than three years, does not apply.

Refund of Commitment Bonuses and Financial Incentives

49.098.
Refer to JSP 754, Chapter 7, Sections 20 and 21 for the rules concerning
refund of commitment bonuses and financial incentives.

49.099 – 100.  Reserved.

1 Time barred claims. Except in such exceptional circumstances as may be approved by the Defence Council or by an officer duly
authorized by them, no claim shall be admitted for any pecuniary advantage granted by this Warrant relating to any period of more than
six years antecedent to the date of claim.
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ANNEX A TO CHAPTER 49

INABILITY TO ACCEPT UNRESTRICTED MILITARY DUTIES
DUE TO PERSONAL OR DOMESTIC PROBLEMS

RESTRICTED-STAFF (when completed)

WARNING Under QR(Army), paras 9.260 and 9.414d(7)

No:.............................. Rank:...................Name:………………………………………………

I acknowledge that I have today been warned by my Commanding Officer in accordance
with The Queen’s Regulations for the Army 1975 paragraph(s) 9.260 and 9.414d(7) that if
my ability to carry out unrestricted military duties continues to be impaired on account of
my personal or domestic affairs I may be discharged under The Queen’s Regulations for
the Army 1975 paragraph 9.414 -‘Services no longer required’.

Signed……………………………………………….Date……………………………………..

Commanding Officer……………………………….Date……………………………………..

RESTRICTED-STAFF (when completed)
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ANNEX B TO CHAPTER 49

QR(ARMY) DISCHARGE PARAGRAPHS FOR REGULAR SOLDIERS

QR
CAUSE OF
CMA
DISCHARGE
COMMENTS
PARA
DISCHARGE
FORM
9.373
By Right, having given the  CO
JPA Workflow
This Para is a transfer to the Regular Reserve. See Annex C for conditions
Appropriate Notice.
applicable to an Army Reserve Soldier.
9.380
Not Finally Approved for
Recruiting

Nil.
Service.
Officer
9.381
Defect in Enlistment
CO
AFB 130
After the SP has enlisted or attested, they are found to have been medically

Procedure.
unfit for acceptance on the account of a condition that was either
overlooked, inappropriately assessed or not declared by the SP.
To secure a Defect in Enlistment not related to the IMA) Occ Health at
ARITC must be consulted. Appendix 21 process used.
9.381
Defect in Enlistment – IMA  CO
AFB 204
If the SP is assessed at IMA Failure to be a DiE then the new AF B204

Failure.
process is to be used. The AFB 204 is also the discharge approval form.
9.382
Having made a False
CO
AFB 130
Potential reasons:

Answer to a Question on
A soldier who fails to disclose a previous termination on medical grounds is
the Attestation Paper.
to be examined by a medical board before being terminated under this
paragraph.
9.383
Unsuitable for Army
CO
AFB 130
SP in a training establishment over 9 months are to be discharged under

Service (UFAS).
QR(Army) 9.414.
9.385
Ceasing to Fulfil Army
CO
App 21
Occ Health will determine suitability. Once the Appendix 21/22 is returned
Medical Requirements,
AFB 130
from Occ Med the CO is to complete Part 2.
Medically Unfit under
NB: This should NOT be used if the SP is assessed as a DiE, QR(Army)
Existing Standards.
9.381 is to then be used. NB: The MND Optimisation programme, any
SP unwilling to consider transfer will be discharged under QR(Army)
9.414.
9.386
Ceasing to Fulfil Army
MS
JPA Workflow
The SP will be assessed at a FULL MEDICAL BOARD. APC Occ Health will
Medical Requirements.
raise the discharge through JPA workflow.
9.387
Perm Medically Unfit for
MS
JPA Workflow
The SP will be assessed at a FULL MEDICAL BOARD. APC Occ Health will
Any Form of Army
raise termination through JPA workflow.
Service.
9.388
Having Reached the
CO
AFB 130
This paragraph applies to a soldier on reaching an age limit for service.
Age Limit for Service.
The termination will be carried out on the day preceding the anniversary of
the soldier's birthday.

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QR
CAUSE OF
CMA
DISCHARGE
COMMENTS
PARA
DISCHARGE
FORM
9.389
By Right having Given the  CO
JPA Workflow
A soldier who enlisted on or changed to the Open or Versatile Engagement,
Appropriate Notice.
who has given the appropriate notice on AFB 6848 / JPA workflow and for
whom, for any reason, transfer to the Regular Reserve under para 9.373
appears inappropriate or unsuitable, is to be terminated under this
paragraph.
A soldier serving on the MLSE who has the right to claim termination by
giving 90 days’ notice providing that as at the date of termination they will
have completed one year of service reckoned from the date of attestation or
two years of service if upon enlistment they were required to complete
CMS(R).
9.390
Having Claimed
CO
AFB 130
This paragraph applies only to those soldiers who have commenced a term
Termination under
of continued service, having completed a 22-year engagement, and who
Regulation 15(6) of the
claim termination having given six months’ notice from a date after the
Army Terms of Service
commencement of their continued service.
Regulations 1992.
9.391
Having Applied to
CO
AFB 132
Termination under this paragraph is a statutory right. Points to note:
Determine Service or
1.
DAOR Window variants.
Claim Termination.
2.
SP notice in writing – this does not have to be word perfect!
3.
14 days to enact discharge.
A recruit on a pre-conditioning course may do this with 2 days’ notice.
(noting PCC can only happen before enlistment / arrival at Basic Training).
9.391
Having Applied to
CO
AFB 132
Any SP under the age of 18 years has the statutory right to discharge from
Determine Service or
service. From the date of notifying the Unit they are unhappy the Unit has a
Claim Discharge.
maximum 3 months to either ensure the SP wants to soldier on. Or to
discharge from Service. The discharge form is the new AFB 132 and the CO
is the CMA.
9.396
Having been Sentenced
CO
AFB 130
This paragraph applies to a soldier dismissed from the Service by a
by a Court Martial to
sentence of a Court Martial under The Armed Forces Act 2006. Attach CM
Dismissal from Her
details as supporting evidence.
Majesty's Service.
9.397
As 9.396 but with
CO
AFB 130
As above (9.396).
Disgrace.
9.402
At the Soldier's Request -
Pers Pol(A)
AFB 130A(D)
CMA is Hd Pol(A) and are processed on an AFB 130A(D) with supporting
Free on Compassionate
WfPol via
statements from the soldier and a welfare agency such as AWS, SSAFA,
Grounds.
PP(A).
AFF.

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QR
CAUSE OF
CMA
DISCHARGE
COMMENTS
PARA
DISCHARGE
FORM
9.404
Gross Misconduct.
Bde Comd
AGAI 67 Paperwork
AFB 130A is not required.
The MAA makes up the case file for the evidence basis to secure
discharge. The Bde Comd is competent Deciding Officer. Bde issue directed
letter. 28 days given to discharge
9.405
Retention Undesirable in
Bde Comd
AGAI 67 Paperwork
Any offence not listed within QR Army) 9.404. Where the CO believes the
the Interests of the
misconduct is sufficient to merit termination.  Breach of Service Test.
Service.
9.414
Services No Longer
Pers Pol(A)
AFB130A(D)
Sub categories include:
Required/ Released from
WfPol via
CDT Failure, Drugs Admit, TU, JMES Refusal, RFAS, SNLR-AWOL, SNLR
Army Service.
PP(A).
Released from Army Service is to be used Where no fault is attributable to
the soldier.

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ANNEX C TO CHAPTER 49

QR(ARMY) DISCHARGE PARAGRAPHS FOR ARMY RESERVE SOLDIERS

THE QUEENS REGULATIONS (ARMY) 1975 (QR(ARMY)) 75 PARAGRAPH NUMBERS ARE TO BE USED AS
THE AUTHORATIVE DIRECTION FOR DISCHARGING SOLDIERS NOT PARAGRAPH NUMBERS FROM RLFR

(RLFR CODES FROM AMENDMENT 4 REFERRED TO ALLOW FOR CROSS REFERENCING FOR HISTORICAL REASONS ONLY)

QR
RLFR
QR(ARMY) CAUSE
RLFR CAUSE OF
RLFR CMA
DISCHARGE
REMARKS
PARA
PARA
OF DISCHARGE
DISCHARGE
FORM
9.373
01.05.621
By Right, having
For Service with the
CO
JPA Workflow
Have unspent Regular Reserve liability from
given the Appropriate  Regular Reserve on
previous Regular service, or Volunteer to
Notice.
Completion of an
enlist in Section D of the Regular Reserve
Army Reserve
and are accepted by CM Ops AP.
Engagement.
9.380
01.05.610
Not Finally Approved
Having been
CO
AFB 130
Soldiers who have proved themselves
for Service.
Attested and not
unsuitable for the duties in their category /
Finally Approved.
corps or inefficient in their rank. Soldiers who
fail special to arm or service training required
for their rank or appointment.
9.381
01.05.620
Defect in Enlistment
Having been
WfPol
AFB 130
Nil.
Procedure.
Irregularly Enlisted.
9.381
01.05.633
As above.
Defect in Enlistment
CO
AFB 130
Applies to a soldier who, the current
Procedure.
regulations for enlistment have been
improperly or incorrectly applied to. After
enlistment or attestation is found to have
been medically unfit for acceptance on
account of a condition that was overlooked,
inappropriately assessed or not declared by
the soldier as part of their former medical
history.
9.382
01.05.619
Having made a False  Having made a False  CO
AFB 130
When a soldier has made a false answer, the
Answer to a
Answer at
CO is to decide whether they are to be
Question on the
Attestation.
retained or not.
Attestation Paper.

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QR
RLFR
QR(ARMY) CAUSE
RLFR CAUSE OF
RLFR CMA
DISCHARGE
REMARKS
PARA
PARA
OF DISCHARGE
DISCHARGE
FORM
9.382
01.05.622
As above.
Having made a
CO
AFB 130
Applies to a soldier who, on enlistment,
Misstatement as to
stated their age as not less than the
Age on Enlistment.
appropriate minimum and for whom free
discharge application is made by their
parents on the grounds that they were less
than the appropriate minimum age at the
date of application.
9.383
01.05.617
Unsuitable for Army
Unsuitable for the
CO
AFB 130
Soldiers who have proved themselves
01.05.640
Service.
Army Reserve.
unsuitable for the duties in their category /
01.05.642
corps or inefficient in their rank. Soldiers who
fail special to arm or service training required
for their rank or appointment.
9.383
01.05.615
As above.
Not Likely to Become For Regional units –
AFB 130A(D)
Applies only to recruits who are not likely to
an Efficient Soldier.
Div, Comd or Bde
become efficient soldiers of the Army
Comd.
Reserve and cannot be discharged under
For National units –
any other paragraph.
CO. If the CO is
below the rank of Lt
Col, discharge is to
be authorised by an
officer not below the
rank of Col of the
Corps concerned.
9.385
01.05.623
Ceasing to Fulfil
Medically Unfit under
CO
AFB 130
Applies to a soldier who is below the
Army Medical
Existing Army
retention standard for their arm but may be fit
Requirements, that is
Reserve Medical
for some form of military service in time of
Medically Unfit under
Standards.
national emergency.
Existing Standards.
9.387
01.05.624
Ceasing to Fulfil
Medically Unfit for
CO
AFB 130
Applies to a soldier who is considered to be
Army Medical
any Form of Army
permanently unfit for any form of military
Requirements, that is
Service.
service.
Permanently
Medically Unfit for
Any Form of Army
Service.

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QR
RLFR
QR(ARMY) CAUSE
RLFR CAUSE OF
RLFR CMA
DISCHARGE
REMARKS
PARA
PARA
OF DISCHARGE
DISCHARGE
FORM
9.388
01.05.612
Having Reached the
Having Reached the
CO
AFB 130
Applies to soldiers who have reached the
Age Limit for Service. Age for Discharge.
NRA. Discharge takes effect from the day
preceding the soldier’s birthday.
9.389
01.05.613
By Right having
At Own Request.
CO
JPA Workflow
Applies to those who take their discharge
Given the
before completing this period of engagement
Appropriate Notice.
and cannot be discharged under any other
heading. This is subject to the soldier giving 3
months’ notice in writing to the CO, unless
the CO dispenses with this requirement. A
serving soldier who has given notice to
terminate, may only withdraw this notice with
the approval of the CO.
9.396
01.05.626
Having been
Dismissal by Court-
CO
AFB 130
Applies to a soldier dismissed from the
Sentenced by a
Martial or
Service by a sentence of a Court Martial
Court Martial to
Commanding Officer.
under the Armed Forces Act 2006.
Dismissal from Her
Majesty's Service.
9.398
01.05.611
On Termination of
Termination of
CO
AFB 130
Discharge is to be confirmed from the date
Engagement.
Engagement.
on which the soldier completes their
engagement. It should be noted that
discharge dates may be postponed under
various provisions in RFA 80 and RFA 96.
This is also to be used for soldiers who have
completed the maximum authorised period
on the ARRG for whom discharge under
another paragraph is not more appropriate.
9.405
01.05.627
Retention
Misconduct or
Bde Comd
AGAI 67
Applies to Army Reserve soldiers who: Have
01.05.642
Undesirable in the
Inefficiency.
Paperwork
been convicted by a court (civil court, court
Interests of the
martial or summary hearing) and awarded a
Service.
sentence of imprisonment or any other
sentence such that the soldier is no longer
freely available for employment.
9.407
01.05.628
On Appointment to a
For the Purpose of
CO
JPA Workflow
Applies to SP who are granted commissions
Commission.
being appointed to a
in the Royal Navy, Royal Marines, Regular
Commission.
Army, Royal Air Force and their respective
Reserves. The date of discharge is to be the
date immediately prior to commissioning
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QR
RLFR
QR(ARMY) CAUSE
RLFR CAUSE OF
RLFR CMA
DISCHARGE
REMARKS
PARA
PARA
OF DISCHARGE
DISCHARGE
FORM
9.408
01.05.629
Re-enlistment on
Having enlisted into
CO
JPA Workflow
On enlistment being notified discharge will be
Another
the Royal Navy,
confirmed for the day before such enlistment.
Engagement.
Royal Marines,
For SP enlisting in the Regular Army the
Regular Army, Royal
Regiment or Corps is to be stated.
Air Force, or
respective Reserves
of those forces.
9.408
01.05.630
As above.
Having Enlisted into
CO
JPA Workflow
On enlistment being notified, discharge will
the Army on a
be confirmed for the day before such
Special S Type
enlistment. The cause of Discharge is to
Engagement.
state which Regiment or Corps the SP is
joining.
9.409
01.05.631
On Reduction in the
Change in Strength
MS
JPA Workflow
Applies to a soldier who is redundant through
Establishment of
Composition or
a reduction of establishment. Only to be
their Corps.
Function of their
invoked on the direction of Pers Policy (A).
Corps on Reduction
in the Establishment
of their Corps.
9.410
01.05.632
Change in their
Change in their
For Regional units –
JPA Workflow
Applies only to a soldier who is surplus to
Corps'
Corps’
Div, Comd or Bde
requirements of their Corps, for reasons
Requirements.
Requirements.
Commander.
other than redundancy, arising from reduction
For National units -
in establishment
CO.
9.414
01.05.616
Services no longer
Services No Longer
For Regional units:
AFB 130
Soldiers who cannot be discharged under
required or Released
Required.
Div, Comd, or Bde
any other paragraph, or Soldiers who enlist
from Army Service.
Commander.
for the purpose of obtaining a commission
For National units:
and are found unsuitable while serving as an
CO. If the CO is
officer cadet.
below the rank of Lt

Col, discharge is to
Soldiers who are to be administratively
be authorised by an
discharged. Applications for such discharges
officer not below the
are to be made on AFB 130 and the case
rank of Col of the
submitted through the chain of command to
Corps concerned.
either SO2 Disch or SO2 Res at Pers Pol (A).
See remarks for
CMA for admin
discharge.
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ANNEX D TO CHAPTER 49

COMMON CAUSES FOR DISCHARGE UNDER QR(ARMY), PARA 9.414

1.
Potential officer:

a.
Failed USB / AOSB.

b.
Facing long military unemployable gap between passing AOSB and RMA
Sandhurst entry. (DComdt RMAS has assumed delegated authority to oversee this
type of discharge).

2.
Conscientious objection – See AGAI 55 – Retirement or Discharge on the Grounds
of Conscience.

3.
The misfit somebody who does not fit comfortably into a situation or environment,
e.g. cannot adapt to aspects of military life such as communal living (including the grossly
unhappy soldier) where it becomes apparent too late for discharge under QR(Army) para
9.383 or 9.411 as unsuitable for Army service. This only applies to those still in training,
but in exceptional cases individuals who have completed training may be considered.

4.
Temperamental unsuitability (supported by a report by a DCMH service consultant
psychiatrist who may be Tri Service). QR(Army) para 9.434 refers.

5.
Inability to accept unrestricted military duties due to personal or domestic problems.
3, 6 or 9-month Formal Warnings may be required.  See Annex A for Warning Certificate.

6.
Unemployability due to loss of employment qualification coupled with inability to be
found, or refusal to accept, transfer or remustering.

7.
Unemployability due to medical grading and refusal to accept transfer to another Arm
or Corps.  (Supporting evidence would include copies of offers of employment under the
terms of AGAI 78)

8.
Alcohol misuse and problem drinking – supported by and based on the findings of a
major administrative investigation, and a 3,6, or 9-month Formal Warning certificate.

9.
Drug or solvent abuse – not related to a CDT.

10.  Repeated (minimum 2 warnings) survival of 3-month warnings under QR(Army) para
9.405, with renewed inefficiency or indiscipline.

11.  Grossly unacceptable behaviour NOT appropriate for warning or disciplinary action
but NOT warranting discharge for misconduct under QR(Army) para 9.404.  This may
follow acquittal on criminal charges (see QR(Army) para 9.404f).

12.  An apprentice or Army Foundation course student aged 17½ years or over who is
unsatisfactory due to circumstances within their control or to indiscipline (boycotting of
lessons, telling lies, violence, dishonesty, disobedient to teachers, prefects, and school
administration, rapping school / class mates, alcohol consumption, etc) and for whom
discharge under QR(Army) para 9.411 would be inappropriate.
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13.  A soldier who, having been attested, fails to report to their first training unit (Non-
reporter). Advice from ARTD RG and or Pers Pol(A), Workforce Pol should be taken in
these cases.

14.  The serial absentee and or those convicted at Court Martial of Absence but discharge
from the service under QR(Army), para 9.396 or exceptionally QR(Army), para 9.397 has
not been recommended.

15.  Social misconduct not warranting discharge under QR(Army), para 9.405 after major
administrative action or suspension from duty.  (AGAI 67 refers).

16.  Other circumstances that may warrant termination of service not covered elsewhere
in QR(Army).
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ANNEX E TO CHAPTER 49

SUPPORTING DOCUMENTATION REQUIRED FOR QR9.414 AFB130A(D)

REASON FOR
SUPPORTING DOCUMENTATION
DISCHARGE

CDT Letter
CDT Failure
Annex G to AGAI 64
Is the soldier considered
Soldier Statement
culpable?
Toxicology Report (in denial / challenge cases)

Annex G to AGAI 64 Part B (in denial / challenge cases)

Character References (if provided)
Denial: On a balance of
JPA Conduct Sheets
probabilities
Legal Advice (mandated in denial / challenge cases only)

Soldier Admission Statement
Drugs Admit
Witness Statement(s) from who soldier freely admitted to

Evidence RMP were invited to escalate

Record of Interview (minutes if available)
Is the admittance believed
CDT (if called for)
credible?
JPA Conduct Sheets
Legal Advice (if obtained)

SCO Letter
SCO – Soldier Admittance
Annex K to AGAI 64
Soldier Statement
Character References (if provided)
JPA Conduct Sheets
Legal Advice (if obtained)
Copy Appendix 22
Appendix 22 Optimisation
Soldier Statement (if provided)
Refusal
JPA Conduct Sheets

DCMH Report
TU,
Soldier Statement (if provided)
Temperamentally Unsuitable
UHC Minutes (if appropriate) or note in Facts of Case
JPA Conduct Sheets

JMES Refusal Evidence – MO letter, JPA print out
JMES Refusal
JMES Refusal Interview Notes (template available)
Soldier Statement (if provided)
JPA Conduct Sheets
Legal Advice (if obtained)

Soldier Statement (if provided)
SNLR
Sufficient evidence to support the case: 3 FWO / AGAI
paperwork / Minor Sanctions / AWS reports / Court Letters etc
JPA Conduct Sheets
Legal Advice (if obtained)

Soldier Statement (if provided)
RFAS
Sufficient evidence to support the case: AWS reports /Welfare
statement etc
JPA Conduct Sheets
Legal Advice (if obtained)

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ANNEX F TO CHAPTER 49

AFB 130A(D) APPLICATION FOR THE COMPULSORY PREMATURE DISCHARGE OF
A SOLDIER OR AFB 130A(R) RETENTION OF A SOLDIER FOLLOWING SUSPECTED
SUBSTANCE MISUSE

1.
When the discharge or retention of a soldier is approved by a Higher Formation,
Brigade or Pers Pol (A) the AFB 130A(D) is the likely discharge application (noting no
application is required when using MAA casework). The Soldier must take an active part in
the discharge application and should be offered the use of an assisting officer during the
discharge process, this is to include the completion of the discharge application.  If the
chain of command are recommending retention of a soldier following substance misuse
application applications are to be submitted an a AFB 130A(R).

2.
The discharge application will be instigated by the Unit and then passed on to the
Higher Formation or Brigade for input. In the instances where the Higher Formation or
Brigade are the CMA they will complete Part 5 of the form instead of Part 4. Where Pers
Pol (A) are the CMA they will complete Part 5 of the discharge application form. It should
be noted the discharge is not approved until the application is completed in full and an
authority letter is issued.

a.
Part 1 – Soldiers Particulars. All boxes should be completed in full.

(1)  Soldiers Details. As per the direction for the completion of the AFB 130.

(2)  Reason for Application. This is a simple sentence to advice what the
discharge is for.

(3)  Performance and Potential. This should give a clear insight in to how the
individual has performed to date and what their likely potential would be.
Comments here should be clear of bias.

(4)  Facts of the Case. The recommending officer/initiating officer should set
out the facts of the case, they should set the scene for what has happened and
why the soldier is now facing a discharge recommendation, they should refer to
any supporting documentation and comment on any investigation undertaken
by the Unit.

(5)  Summary & Recommendation. Here the case should be summed up, it
should be clearly articulated why discharge is the appropriate course of action
and why discharge is in the interests of the Service.

(6)  The form should be dated and signed. Please note that all signatures must
be handwritten. Electronic signatures are not appropriate.

b.
Part 2 – Soldiers Statement. The box at the top of this section should be
completed by the Unit in advance of being issued to the soldier so the soldier is fully
aware of the discharge code (QR and Annex B refers) and discharge header
(reason). The soldier should tick if they opt to set out a statement on the form, attach
a statement of not provide one.
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c.
There is an extensive box for the insertion of a statement from the individual.
They are entitled to type a statement, or hand write one. It is wholly inappropriate for
any statement provided to be ‘red penned’.

d.
The soldier must be given 48 hours to review Part 1 and any support
documentation before they complete Part 2. By signing the form, they acknowledge
they have been given 48hrs (2 days) after the date of the signature of the CO at
Part 1. Signatures are to be handwritten.

e.
Part 3 – Recommendation by Commanding Officer. The CO should read the
two confirmatory statements and sign if applicable. They should include the
discharge code and header. Within the statement box they should clearly articulate
why they are supporting and providing a discharge or retention recommendation.
They should include any factors which supported their decision making and should
respond to any comments raised in Part 1 or Part 2, most especially if the soldier has
made any representation.

(1)  The CO should sign (by hand) and date the form.

(2)  The soldier is to be afforded the opportunity to review the CO’s comments
and should sign to acknowledge they have seen them. If the soldier refuses to
sign then the assisting officer is to sign to acknowledge the comments have
been read to the soldier and they are aware of them.

f.
Part 4 – Recommendation by Higher Formation / CoC / Bde. The discharge
code and header should be included. The Commander who completed this section
should give sound reasoning for why they are supportive of the discharge
recommendation. Where the Comd is out of office, or exercise, or deployed a suitable
delegated officer may complete on their behalf. Evidence of the temporary delegated
powers is to be provided.

g.
Part 5 – CMA. Once the appropriate assurance checks have been completed
the CMA will complete part 5. They will then provide a discharge approval letter to
those listed in Part 6 of the discharge application.

h.
Part 6 – Correspondence Details. It is the responsibility of the Unit and Bde /
HF to ensure their correspondence details are included on the application. If no
correspondence details are included this may delay in the receipt of the discharge
approval.

Discharge Application Supporting Documentation

3.
Where supporting evidence is provided in relation to the recommendation for
discharge it is to be included with the discharge application. Annex E provides direction on
the recommended evidence to support these applications.

4.
When a statement is provided, or requests, as a minimum it should be dated and
signed by the individual providing it.
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