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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26329
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How many days do they have to give you an article 15 Can they

Customer Question

How many days do they have to give you an article 15? Can they run out of time to read you part 1 of an article 15 and if so what is the regualtion on it? Can you get chaptered out on patern of misconduct with just 1 article 15 and 3 negative counseling statements? And my article 15 is becuase of a bunch of little lies that i shouldnt have told but I did they filed it under disrespect.
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.


They have 2 years from the date of the offense to impose Art 15. You can see the regulation here

http://usmilitary.about.com/library/milinfo/ucmj/blart-43.htm


Yes, you can get chaptered for pattern if there is more than one incident...so the Art 15 and at least one counseling statement would be enough to start the chapter.
Customer: replied 4 years ago.
I read a regulation that said there has to be at least 3 article 15s and counseling statments didnt count when they were trying to get me for patern for misconduct
Expert:  P. Simmons replied 4 years ago.
Here is the seps regulation
http://www.sdmcp.org/Regs/armyenlistedseps.pdf


Here is the key language

b. A pattern of misconduct. A pattern of misconduct consisting of one of the following: (1) Discreditable involvement with civil or military authorities. (2) Discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army.

Customer: replied 4 years ago.
Well the 1st negative counseling I got was because i was late 3 times and 2nd was for missing an appt and now that i think about I dont have a 3rd one and I already explained to you what my article 15 pending is about so what are my chances on getting chaptered.
Expert:  P. Simmons replied 4 years ago.
Its up to your commander. If he or she wants to start the chapter process, they can. What will happen? Heck, how would I know? It will depend on the evidence you present at your hearing. IF you get chaptered and they want to give you an oth, they have to give you an attorney and a hearing. Work with your attorney to gather and present evidence to the board to show them you deserve to stay in

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