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Recommendation for company grade article 15. I am a specialist in the Army. No prior disci…

Recommendation for company grade article...
Recommendation for company grade article 15. I am a specialist in the Army. No prior disciplinary actions, a couple awards, and a deployment. I have 3 years six months TIS. I am set to ETS in 6 months. I have been read an article 15 for violation of Article 91 of the UCMJ.
The incident was over my refusal to take part in a detail. My squad leader told me to bring a set of keys to another NCO and I did so. Upon arriving I gave that NCO the keys. He then asked me if I was on the detail with him and I said "no, I'm not on this stupid detail" and he said okay see you later. I then returned to work and was never once asked about the incident or corrected or anything until I was counseled the next day. It said I told the NCO I wouldn't do the detail.
The only issue I have is no one was present to be a witness. Should I accept Article 15 format and then argue my case or try my luck with an impartial SCM.
Also I cannot extended for this I am etsing in six months
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Answered in 22 minutes by:
12/2/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
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Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
Article 91 is about insubordinate conduct, not a refusal to obey an order. The NCO here can certainly allege that the statement "No, I'm not on this stupid detail," is disrespectful. The NCO can also state that the comment indicated that you were not going to do the detail, even if asked. Now, that is presumptive, but it is an argument.
The fact that you weren't immediately counseled about it doesn't change what was said. Now, I can see your side and can envision a scenario where you are not being disrespectful to the NCO, but it seems your argument is more focused on your not being on the detail. That's not really relevant here to the underlying charge. Even if you weren't on the detail, you could still be in violation of Article 91.
Demanding trial by court martial is dangerous. It's dangerous because they can choose not to go to summary and push it straight to special. That would result in a permanent federal conviction on your record which could seriously effect your civil***** *****fe. They can also force you to extend through a legal hold in order to process that separation.
Without any witnesses, I think you take a terrible risk is demanding trial by court martial here.
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Customer reply replied 3 years ago
Okay, so it was what I said to him that's an article 91 violation? He claims I was supposed to be on the detail, which I wasn't. Thank you for the help
Yes, Article 91 is disrespecting an NCO.
That can take place whether or not you were on the detail. You wouldn't have had to be on the detail for your comment to be taken as disrespect. I think it's petty and I certainly see how you could have just meant it as a joke and not directed at the NCO (but rather, the detail), but that's an argument that you would be trusting a jury to accept.
IF they had charged Article 92, disobeying an order, your defense would make more sense. I just think they didn't explain the charge very well to you.
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Customer reply replied 3 years ago
Oh okay makes sense now. So my best course of action would be to present character witnesses and explain myself to the commander at the art 15 proceedings?
Yes, that seems the best course. Worst case scenario is that you lose at the Article 15, which is still a better result that losing a court martial.
Even a summary court martial could cause civilian employment problems if the employer cares enough to ask if you have ever faced court martial. While summary court martial doesn't count a conviction for civilian purposes, it is a court martial...so it would just depend on how the employer asked the question.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
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