I received an AR 15 and managed to get an appeal from my battalion commander. After speaking to him and the CSM, he told me that he would get back to me about the appeal. In the meantime, I've been serving extra duty for the past week, and I'm trying to find out if I have to continue doing extra duty while he is in the process of making a decision. My first sergeant states that I will talk to him this coming tuesday when I was supposed to speak to him this past friday, but due to being at the m16 range, I was unable to meet with him.
State/Country relating to question: Texas
I've been to TDS about the matter and they told me I can request a "stay of punishment" until the appeal process is completed.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The answer is yes. If the punishment was given at Art 15, you must serve the punishment while the appeal is in progress. If the appeal is granted, then the punishment ends. You can request a "stay"...that is correct, but if the commander refuses the stay you have to serve the punishment.Sorry to have to bear bad news.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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