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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: 11944
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
3 Military Lawyers are Online Now

How JustAnswer Works:

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Article 15 Questions

  • I received an article 15 in 1996 from MI guard..long story

    I received an article 15 in 1996 from MI guard..long story short didn't show up for last 2 or 3 drills before 8 year stint was completed...very stupid I know....reduced to E1 and was given general discharge....any way of removing and trying to get it changed to honorable?...friend used me as reference on application and background people said one of your friends has an article 15
  • My son was masted in A-school and lost rank from E3 to E2 and

    My son was masted in A-school and lost rank from E3 to E2 and was restricted. He passed A-school and is now in nuke school. He recently overslept two times and now is going to be masted again. He thinks they are going to separate him from the Navy. There is no doubt of his "guilt." But his hope is to be allowed to stay and not lose rank. How should he approach this? Should he talk to a Navy lawyer on base?
  • I am in the national guard. I lied to a officer. I lied because

    I am in the national guard. I lied to a officer. I lied because I felt integrated while I was in the room. There were 4 officer and 2 first sergeants in the room.They made me stay in parade rest for 3 hours while they ask me different questions. This is my first time getting in touble. I end up getting demoted pfc to pv2. I wanted to know what I could do about it?
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