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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15653
Experience:  Lawyer and current JAG officer.
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I was found guilty under article 112a at field grade article

Resolved Question:

I was found guilty under article 112a at field grade article 15, although I appealed it was denied and as such I am subject to admin. discharge in addition to the loss of rank and extra duty. I have proof that i should have been exhonorated by the mro in the process but the coc did not consider it relevent. Do I have any other options?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

No, you do not. When you accept the Article 15 forum, that does two things.

 

First, it limits the amount of punishment that you can face. You would have been subject to much greater punishments had this been done at the court martial level.

 

Second, it limits the rights that you have. The right to appeals, the right to a judge, the rules of evidence and procedure, to a jury, to extended due process....those are all rights at court martial. You can have all of them, but you have to turn down the Article 15 when given the chance and demand trial by court martial.

 

Regrettably, when you accepted the forum of Article 15, you gave up all those rights. Your only appeal right is to the next level commander. There is no other appellate authority and no other option. There is no oversight over the choice of the battalion and brigade commanders. Their power, in a non-judicial action, is absolute. This is why we give soldiers the right to refuse Article 15's.

 

I'm sorry. I wish I could tell you differently here, but you gave up many rights when you accepted the Article 15 forum.

Customer: replied 1 year ago.

Do I have any chance at fighting the associated discharge proceedings or is that too a lost cause?

Expert:  Allen M., Esq. replied 1 year ago.

That will depend on how long you've been in and what level of discharge they seek.

 

If you've been in over 6 years or they go for an Other than Honorable discharge, you'll be entitled to a board hearing. Then you'd be able to fight the basis for discharge, fight for a higher classification of your discharge, etc. You'd have limited rights to appeal, but only to the commander after the board made its decision. The real benefit there is having the board.

 

Now, if they don't seek an OTH and you have less than 6 years of service, they can just give you a General Discharge with a notification process, which means no board. It would be just like an Article 15 then, administrative. It would be automatic. Yes, you'd get to submit a letter and appeal to the next level commander, but there would be no oversight from any legal entity.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15653
Experience: Lawyer and current JAG officer.
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