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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.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11888
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

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Recent Article 15 Questions

  • I have been in the Army for 5 years.I have never had not even

    I have been in the Army for 5 years.I have never had not even a negative counseling against me. I am a SGT and I got a field grade article 15. My punishment is 45/45 and reduction of rank to SPC. They told me it is protocol to start to initiate chapter paperwork. Is it possible for them to chapter me out for this offense? Also how soon after my punishment can they lift my flag so i can go back to the board to get my SGT rank back? Anticipating your response. Thank you.
  • I had a situation happen on sept 2 , 2014. And I was recommended

    I had a situation happen on sept 2 , 2014. And I was recommended for a company grade article 15. But I didn't sign my counseling statement until October 6th,2014 for the recommendation.Is there a limitation on how long my cadre had to give me the counseling statement? Could it dismiss the article 15?
  • Need advice

    Hi, I am in the Air Force I haven't had a drug test but I openly told OSI that I have smoked while being in the military. I have a previous track record and I know I most likely will be getting separated. What are my options to fight my case? I will likely be punished under article 112a my case is under 30grams so max punishment is dishonorable loss of all pay and 2 years confinement.

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