What to Do If You’ve Been Removed from an AGR Position Without Due Process

The Problem No One Talks About

In theory, the Active Guard Reserve (AGR) program gives servicemembers a stable path to serve full-time — offering structure, pay, and the ability to build a career while contributing meaningfully to the Guard’s mission. But in practice, I’ve seen too many soldiers and airmen removed from AGR positions without warning, without proper explanation, and without the basic safeguards we expect in any functioning system.

Let’s be clear: AGR status is not just a job. It’s tied to health care, housing, retirement points, and long-term career viability. When a soldier is removed — especially without due process — the consequences can be immediate and severe.

Know This First: You Still Have Rights

Even though AGR positions are technically “at will,” the military cannot simply remove someone arbitrarily or punitively without following procedure. AGR soldiers, especially those in the Army National Guard, are still entitled to fair treatment under:

• NGR 600-5, which governs the ARNG AGR program

• AR 600-20 and AR 135-18, which lay out command responsibilities and administrative processes

• AR 15-6, for any adverse investigative findings

If you’ve been told your tour is ending — or that you’re being pulled from an AGR billet mid-cycle — and none of the above were followed, you may have a strong basis to challenge that decision.

Warning Signs of a Bad Removal

I’ve reviewed dozens of AGR removals over the years. Some were justified. Others were command decisions masking retaliation, personal bias, or misunderstandings about policy.

Here are some red flags that your removal might not hold up:

• You were never counseled or flagged prior to removal

• You were mid-treatment for a medical or behavioral health issue

• You weren’t offered an opportunity to respond to adverse findings

• You were removed following a whistleblower complaint or EO/IG report

• Your chain of command made comments about “finding someone better”

• You were told the decision was “final” without documentation

Commanders are not allowed to remove AGR personnel for alleged misconduct or performance issues without appropriate findings and procedures. And they’re especially not allowed to base those decisions on protected categories — including health conditions, disability, HIV status, or sexual orientation.

What You Can Do Immediately

If you’ve been removed — or are about to be — here’s what you should do right away:

1. Request all documentation
   Ask for any counseling statements, MFRs, or memoranda related to your removal.

2. File an IG complaint
   If you suspect policy violations, bias, or retaliation, initiate a complaint with your Inspector General immediately.

3. Speak with Trial Defense Service or JAG
   If you’re a member of the DC National Guard, I may be able to represent you directly. For others, TDS or your servicing JAG can provide guidance or connect you to the right channels.

4. Document everything
   Save emails, texts, and meeting notes. Keep records of who said what, and when. That timeline matters.

5. Get civilian legal support if needed
   If your JAG resources are limited, I can help connect you to pro bono veterans’ legal networks or outside counsel experienced in military administrative law.

Why This Matters to Me

I don’t take these cases for profit. I do not charge for representing members of the DC National Guard — that work is part of my official duties as a Judge Advocate in the Trial Defense Service. I don’t run these cases through my private law firm, and I don’t accept compensation from servicemembers. It’s service, not business.

That also means my ability to help is limited outside the DC Guard. I can’t formally represent members of other states’ National Guard or federal AGR personnel, but I still try to help where I can. That might mean offering informal guidance, explaining the regulations, or connecting people with pro bono networks, civilian attorneys, or the right contacts within their chain of command. If I can’t take the case, I can at least help get you to someone who can.

The reason I keep doing this is simple: too many people get quietly pushed out, and most of them don’t know they had a right to push back. I’ve worn this uniform for more than 25 years. I’ve seen how much gets decided behind closed doors. And I’ve seen how powerful it can be to have someone on your side who knows the system — and isn’t afraid to speak up.

You Don’t Have to Fight Alone

AGR removals without due process are more common than they should be — and too many soldiers accept them quietly, thinking they have no choice. But you do. You have options. And there are people willing to stand beside you.

If you’ve been impacted, reach out. Whether I can represent you directly or just help you find the right support, you won’t be met with silence.

You’ll be met with someone who knows the system — and believes you deserve better from it.

About the Author: Nick Harrison is the founding attorney of Harrison-Stein PLLC, a Washington, D.C.–based law firm focused on civil litigation, military law, nonprofit counsel, and LGBTQ+ legal advocacy. A Judge Advocate in the DC National Guard with over 25 years of service, Nick has deployed to both Afghanistan and Iraq. He’s a nationally recognized advocate for servicemembers living with HIV and a former plaintiff in landmark litigation that overturned discriminatory military policies.