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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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what is the most the army can take of your pay for one article

Resolved Question:

what is the most the army can take of your pay for one article 15 then after 2 from a privite or E1.
Submitted: 7 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 7 years ago.
Just one Article 15?

Who is issuing the Article 15? What rank officer?
Customer: replied 7 years ago.
the person issuing the article 15 would be the commander and that would the captain or just the commander im not sure.
Expert:  Allen M., Esq. replied 7 years ago.
If the commander is O-4 (Major in the Army) or above, that commander can take 1/2 of the months base pay for two months.

If the commander is O-3 (Captain in the Army) or lower, that commander can only take 7 days of pay.
Customer: replied 7 years ago.
whould that be half of a say the 15 or the 1st pay check so i know like if i was supposed get 525 and i got 250 that would be correct and also would they take the money before i even sign the paperwork?
Expert:  Allen M., Esq. replied 7 years ago.
They would not take the money before the Article 15 was turned in and copies sent to the people that actually can take the money from the check.

As for your first question, I have no idea what you mean. 15 or 1st?

They take either 7 days of pay, by splitting your monthly pay into daily amount and taking 7 of that OR they take 1/2 of the entire months pay....and they can do that two months in a row.
Customer: replied 7 years ago.
What i mean would they take Half of the Paycheck from the 1st of the month or the half of 15th of the month as to where we paid on the 1st and 15th and They cant take the money until i have talkin to the commander and signed the papers??
Expert:  Allen M., Esq. replied 7 years ago.
If you get paid twice a month, they'd take it from both checks...the 1st and the 15th (if they were taking a total of 1/2 your pay for two months). Then they could technically take 1/2 of the next months 1st and 15th pay check.

If they were just taking 7 days (a company commander), they would just take all of it from the 1st paycheck following the article 15.

If you have not been before the commander and signed the documents accepting the Article 15, then they can not start taking money yet. They have to send that signed document to the processing people.
Customer: replied 7 years ago.
well actully they were taking 304 from my check would that be from the 1st of months check of 15th check or both and how long do they do that for.
Expert:  Allen M., Esq. replied 7 years ago.
I don't know how long they are doing it. I didn't do your article 15.

All I can tell you is that most they can do. They can take half for two entire months. Whatever half of your base pay is for two months. That is the most they can take.
Allen M., Esq. and other Military Law Specialists are ready to help you
Expert:  Allen M., Esq. replied 7 years ago.
As an E-1, your base pay should be around 1200.00 a month as your base pay (not counting another other money you might get).

Half of that is $600 a month for two months.

Now, once again...I don't know what they actually decide in your Article 15, so all I can tell you is the maximum that an O-4 can take from you (since you can't tell me the rank of the office that gave you the Article matters).

If they decided to take half of your pay for two months (the most), then they would take $300 from the 1st, $300 from the 15th THEN they would repeat that in the next month.

If the person that did your article 15 is only an O-3, then the most they can take is 7 days, which would be around $280.

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