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My chain of command gave me a field grade article 15, not for

 
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  • Answered by:psimmons
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Customer Question

My chain of command gave me a field grade article 15, not for doing anything illegal but for missing formation as result of my medications because I'm in the wounded warrior program & for being a prayers on Friday ( I am a Muslim soldier). I am in the process of fighting it while doing my extra duty time, what are my options and can I be punished for faith or medical issues?

 

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Country relating to Question: United States
State (if USA): Texas

Already Tried:
Chain of command, DTS

Submitted: 317 days and 21 hours ago.
Category: Military Law
Value: $78
Status: CLOSED
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Expert:  psimmons replied317 days and 21 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

is the Art 15 already over? Or is it still pending?

Customer replied317 days and 17 hours ago.

i'm serving the 45 days extra duty, what i would like to do is taking it off my records since it's a field grade and was given for medical & faith reasons.

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Expert:  psimmons replied317 days and 17 hours ago.

You would have been much better off refusing the Art 15 in the first place.

After the Art 15 is complete it is not easy at all to "remove" it from your records

You can file an appeal. You have 5 days to file the appeal, which must be in writing and must state what the injustice was regarding the Art 15. I agree, if the basis was your faith and not misconduct, that would be grounds to appeal

If the appeal is denied, you can file a request with the board of corrections for military records. The standard is the same...you have to show that the proceeding was unjust.

Again, if you can demonstrate that you did not commit misconduct and that this was based on your faith, the board of corrections can remove this from your record.

Please let me know if you have more questions, if not please accept so I get credit for my work.

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 10271
Answered: 7/5/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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