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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34728
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have a suboordinate in the air force who recently found out

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I have a suboordinate in the air force who recently found out that he recieved an article 15. The prior commander clealy stated to him, that he would only be the recipent of a command directed LOR, have a suspended bust (mening he would pin on his next rank later) and he would not recieve an article 15. The commander and leadership did not inform him of this and I wanted to know which course of action should be taken?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sorry....not sure I understand. The command told the subordinate that they would get an LOR, but instead took them to Art that the question?
Customer: replied 4 years ago.

Yes. This is what the suboordinate was told by the commander. He was only going to recieve a command directed letter of reprimand and not an Article 15. He was never formally presented with it and it is my strongest belief that the commander told him this because he was going to submit a formal complaint to the inspector general.

Thank you

But still not sure I understand. There is nothing wrong with a commander changing his or her mind on how to adjudicate alleged misconduct. An LOR is the lowest form of adjudication...but has the lowest amount of due process for the service member. Art 15 is next in line.

A member can refuse Art 15 (and demand a court martial)

Is this a case where the commander gave an Art 15 but never gave the member the chance to refuse? Or simply where the commander initially stated that they would give an LOR but then changed to an Art 15, but allowed the member their rights at Art 15?
Customer: replied 4 years ago.

The commander never gave the member a chance to refuse the article 15. It was never formally presented to the member.

Thank you

In that case the member can, and should, appeal

They would appeal to the next commander up the chain of command. So if it was squadron who administered, they can appeal to the group commander. If there is not a group commander, they can go straight to wing.

The appeal should state they were never provided their rights at Art 15, including the right to present evidence and cross examine government witnesses.

If they never were afforded a hearing, and given the chance to refuse to accept Art 15, that is the basis to have the Art 15 removed from the record.

Customer: replied 4 years ago.

How do you start the appeals process? The commander that issued the article 15 is no longer in command.

The appeal is to the commander above the commander who issued the Art 15

You put the appeal in writing and submit it have only 5 days to appeal...after that you must file a request to the Air Force Board for Correction of Military Records. More info on this board here

Here is the link
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