Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

what is the most the army can take of your pay for one article

Customer Question
15 then after 2 from...
what is the most the army can take of your pay for one article 15 then after 2 from a privite or E1.
Submitted: 8 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 hour by:
12/24/2009
Military Lawyer: Allen M., Esq., Lawyer replied 8 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,438
Experience: Lawyer and current JAG officer.
Verified
Just one Article 15?

Who is issuing the Article 15? What rank officer?
Ask Your Own Military Law Question
Customer reply replied 8 years ago
the person issuing the article 15 would be the commander and that would the captain or just the commander im not sure.
Military Lawyer: Allen M., Esq., Lawyer replied 8 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.
Ask Your Own Military Law Question
Customer reply replied 8 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?
Military Lawyer: Allen M., Esq., Lawyer replied 8 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.
Ask Your Own Military Law Question
Customer reply replied 8 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??
Military Lawyer: Allen M., Esq., Lawyer replied 8 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.
Ask Your Own Military Law Question
Customer reply replied 8 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.
Military Lawyer: Allen M., Esq., Lawyer replied 8 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.
Category: Military Law
Satisfied Customers: 19,438
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Military Lawyer: Allen M., Esq., Lawyer replied 8 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 15...it 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.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,438
19,438 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,438 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Husband officer in the Army commited adultery He retired
Husband officer in the Army commited adultery He retired couple months ago. I have all evidence can he still be charged with UCMJ … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I received a field article 15 when I was deployed in 2011. I
Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA,… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
Can a U.S. army officer serving in NATO date an enlisted
Can a U.S. army officer serving in NATO date an enlisted member of a non NATO country that is serving in EUFOR? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have article 15 first reading tomorrow. Stateside., JBLM.
Hi JA: Hello. How can I help? Customer: I have article 15 first reading tomorrow JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
In an initial article 15 reading, can proceeds be stopped,
in an initial article 15 reading, can proceeds be stopped, charges rewritten then have a new initial art 15 reading? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
If I receive punishment of Article 15(Captains mast) after
If I receive punishment of Article 15(Captains mast) after intentionally failing a Pfa test in the us navy, will this lead to a dishonorable or OTH discharge?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I want to know if I can receive a GOMOR and an article 15.
I want to know if I can receive a GOMOR and an article 15 … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
I received an article 15 in 1997 for failing a urinalysis. I
I received an article 15 in 1997 for failing a urinalysis. I was told it would not be on my permanent record. This incident just showed up on a routine background ran by the Departmant of Children & F… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
Does an Article 15 affect my medboard process. Reason I got
reason I got started on the article 15 was for the reason I didn't show up for work when I got sick, I have a medical note that states I need to go home if necessary but guess they want me to go to the er when I cant see or drive. I'm at ft benning … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My neighbor, who is an officer in the army, threatened
My neighbor, who is an officer in the army, threatened physical violence on me last weekend and the police suggested a restraining order. Am I afraid of him? To some extent, yes. If I do pursuit a res… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
Can I be given an article 15 for missing staff duty I wasnt
Can I be given an article 15 for missing staff duty I wasnt originally assigned and also told prior I wouldn't have to do by my E-7 platoon sergeant with less then 12 hour notice … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I received an article 15 in 2004 for taking some grenade
I received an article 15 in 2004 for taking some grenade simulators home with me. All punishment was suspended and it was put in my restricted file. The write up of the article 15 said I knowingly sto… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
I want to know if company grade article 15's are on my
i want to know if company grade article 15's are on my permanent record … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
I received a field grade article 15 for making a false
I received a field grade article 15 for making a false statement 13 years ago. Would it show up in a background check now? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,438 satisfied customers
I have an article 15 question. Overseas. This article 15
Yes this article 15 popped up on my records from 1998 … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
What is the maximum punishment for a E7 article 15? It is in
What is the maximum punishment for a E7 article 15? … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I am being recommended article 15 in the army for disrespect
I am being recommended article 15 in the army for disrespect to an officer and an NCO. The situation is, I saluted the officer, and said aloud the greeting of the day. I stated this very loudly due to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x