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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17612
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Recently I received a field grade article 15 for failing a

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Recently I received a field grade article 15 for failing a UA. I was demoted from e5 to e4 as well as half a month's pay taken and 45 days of extra duty. One months half a month pay was suspended as well as restriction. I started my extra duty 5 days ago. ASAP will be sending me to rehab for 30 days tomorrow. I was under the impression that once extra duty started, it didn't stop regardless if I was here or not. My chain of command is telling me that I will complete the remainder of my 40 days once I get back from rehab. Am I getting screwed?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. I am going to assume that you are in the Army. If you are not, although the rule is the same, the citation that will give you would be different. In any event, there are circumstances under Article 15 when extra duties may be stopped and restarted. As long as the total number of days of extra duties actually performed do not surpass the 45 days, then it is lawful for a Command to do this when "...punishment legitimately must be delayed." Some examples used in para. 3-21 of AR 27-10 are hospitalization, placed in quarters, brief period of TDY, or emergency leave. Those are not the only reasons, but are just examples of they types of situations that would qualify. In this case, your rehab is equivalent, for purposes of the Reg. to hospitalization. You can see the reference at: http://www.usarj.army.mil/cmdstaffs/sja/criminallaw/ar27-10.pdf

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Although it may qualify as "hospitalization" I don't feel like I am not putting in some form of overtime on my part that doesn't qualify as a form of extra duty. I am not bedridden and even though it might be hospitalization I'll still be stripped of my free time and family much like that of being on extra duty around the clock. I think this would have me paying for my offense for a total of 75 days. Is there any way that I would be able to fight or argue that point?

Expert:  Marsha411JD replied 1 year ago.
Hello again Andres and thank you for your reply. I have to be honest with you because doing otherwise is not going to get you a different result. Being in rehab is no different than any of the other listed events that can allow for an extension. As I mentioned, those are only illustrative and not exclusive. The idea is that you are away from the Command and therefore cannot complete your extra duties consecutively.

You can try to argue whatever you want, but you are likely to have much better results if you ask the CO to consider suspending your extra duties if you successfully complete rehab. That is much more likely to result in a positive outcome than your argument.
Customer: replied 1 year ago.

Would he still be able to suspend the remainder of my extra duty even though I have already begun extra duty?

Expert:  Marsha411JD replied 1 year ago.
Sure, yes, he can suspend any remaining portion that you have. That is within his discretion.
Customer: replied 1 year ago.

OK all that sounds great and I'm very satisfied with your answers. Hopefully he'll suspend at least the 30 days I have in rehabilitation and make me complete the remaining ten I'll have when I get back. I only have one chance to speak with the BN CO before I go to rehabilitation. Is there any other army regulation, asap information or memo that covers these sort of scenarios that could give me any ground to stand on before I go speak with him? TDS will not be in on memorial day so I'll have no council at work to give me any sort of information

Expert:  Marsha411JD replied 1 year ago.
Hello again Andres. There really isn't any other regulation that would be necessary to state and support your position. The CO has the authority, as they know, under Article 15, UCMJ, to suspend any punishment that they have awarded that has not yet been executed. So, since your extra duties have not been completed (executed) he can suspend all or part of them.

Good luck to you!!
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17612
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Marsha411JD
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Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG