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UCMJ Article 15

What are Article 15 and article 15 punishments? Are there specific Article 15 procedures for certain article 15 offences? Most people are unaware of Article 15 and may ask the Experts for help. Listed below are answers to five of the Top Article 15 Questions.

In an Article 15 preceding does the soldier being accused have a certain timeline to gather evidence for his/her case?

The Manual for Courts Martial (which contains the Uniform Code of Military Justice (UCMJ) does not give a time limit. There is an absolute right to refuse an Article 15 and for this reason, most commanders will give a soldier time to prepare before making a decision, but the manual does not provide any minimum preparation time.

Is Article 15 a punishment itself or it can also include dishonorable discharge?

An Article 15 is non-judicial punishment, and it doesn’t carry any sort of discharge. With that being said, the behavior that leads to an Article 15 can also be used as the basis for an administrative separation, but at worst that would be an Other Than Honorable discharge, not dishonorable.

If the Article 15 is attached to the resignation with a strong command endorsement for an Other Than Honorable discharge to Head Quarters, Department of the Army (HQDA), is there a good chance to support the command or does someone’s service record of 20 years and multiple combat tours possibly facilitate a better characterization?

An Article 15 is non-judicial, so you would have neither a misdemeanor nor a felony. If you went to Court Martial and lost it could lead to a full criminal charge, and a Dishonorable Discharge. The Other than Honorable Discharge and Article 15 would be preferable.

How long after getting an article 15 can the army chapter someone out?

There is no “limit” on this. There is no statute of limitations on a Chapter. Many times statutes of limitations differ from one article to another. Often the difference is confusing. Ask the Military Lawyers on JustAnswer for any rules, regulations as well as military article limits.

If someone was recommended for FG Art15 on 01AUG08 and the recommendation has yet to be sent to the reviewing Cmdr or Judge Advocate General. The party was flagged on 11AUG08 and their direct line supervisor didn't even know they had been flagged until the party told him. The party only knew because they happened to check their ERB. Are they missing the process that this should be done? Does someone need to the recommendation before flagging someone?

There is no time limit requirement to notify the member on a pending Article 15. The Article does provide that the member be notified prior to the proceeding and advised of his Article 31 rights, but there is not a minimum time to do this.

Article 15 is a very interesting but different topic. Many of people are facing issues with article 15, and have many questions and no answers. By asking the Experts an individual can get their questions answered fast and promptly.
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Recent Article 15 Questions

  • Can my spouse use an old article 15 (November 2012) against

    Can my spouse use an old article 15 (November 2012) against me in our divorce trial? I am retired military and my wife has asked for me to submit my article 15 information as part of her discovery questions. I was punished, but it my punishment was completely non-judicial; not a court martial. FYI-my divorce trial will be in VA circuit court
  • I am 23 years old and currently in AIT, just graduated yesturday

    I am 23 years old and currently in AIT, just graduated yesturday and I got caught in trouble for drinking alcohol. The PSG recommended a field grade article 15. Am i going to get chaptered out the military? I know i made a huge mistake. It was a group of us that got caught drinking.
  • My commander is requesting a field grade article 15 for me

    My commander is requesting a field grade article 15 for me a active duty E-5 For letting a female, my girlfriend, into the barracks without signing her in with the barracks CQ desk. A violation of the command policy, she was feeling ill and i let her sleep in my barracks room unattended till around noon. on my way back to the barrack i got a call that the barracks cq had found my girlfriend on my floor suffering from diabetic shock, the EMS took her away and she is fine now. My question is this, is a field grade too severe for what i did. i know i deserve a punishment i just think this is excessive, i plan to see TDS about it also
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