Can I get an article 15 for two counseling statements? for failure to be at my appointed place of duty and for not informing my squad leader of my whereabout and missing a last minute formation?
State/Country relating to question: New York
Thanks for the chance to help. I am an attorney with over 12 years military law experience.You can not get an Art 15 for a counseling statement. But you CAN get an Art 15 for a violation of the UCMJ. If you missed a formation, and did not have permission, that would be a violation of Art 86, UCMJ. So they could give you Art 15 for that.That would be a bit harsh for a first offense...but it is not illegal. They can give Art 15 if you are 5 mins late if they are so inclined.
This would actually be my second offense. The first one was failure to report to the appointed place of duty. I still have not received my second counseling but the 1sg keeps threatening me, telling me that he is tired of talking. That from now on is paperwork. That he is a COP and good with words. He was able to give somebody 10 years for something that the "perp" thought he could get away with. I've been in the Army for 11 years and never dealt with a person like this. I have to watch every move I make when Im around him. I'm about to get deployed with that unit and he just stresses me out.
Thank youEven for a second offense, as an NCO I would not expect Art 15.Possible? Sure. But for something as minor as this I would not expect Art 15
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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