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Hello, I am facing a dismissal for additional military training…

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Hello, I am facing a...
Hello, I am facing a dismissal for additional military training for academic reasons and failure to adapt (to which I've already disprove this allegation beyond a reasonable doubt). I was not given a copy of the proposed Article 15 and I want to know if I have a valid cause for an IG compliant
Submitted: 3 years ago.Category: Military Law
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Answered in 44 minutes by:
12/3/2014
Military Lawyer: Allen M., Esq., Lawyer replied 3 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,439
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.
Ok. Article 15's have their own appeal process. As they have their own appeal process, the IG can't review it. When a process has its own appeal method and it is a matter of military discipline, the IG can't get involved.
If you did not receive the Article 15 for a defense counsel to review, that is a matter to raise in appeal to the next level commander.
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Customer reply replied 3 years ago

Hello Allen,

To better ask this question, please refer to the following. (1) My pending dismissal is due to an academic test and retest on any failed exam. I've been through the "recycle" process and retrained on the information. My argument is that the writing component is subjective in nature and I have evidence to substantiate the fact that I was originally given a passing score on this exam, but that grade was later changed. (2) I feel like my appellate process was drawn out beyond a reasonable time frame. and (3) the proposed Article 15 was allegedly thrown out, without a copy for my records which clearly violate policy mandated by Trial Defense Services.

Conclusively, I am not quite sure what the best method of approach would be to have my concerns heard and decided on by the appropriate appellate authority moving forward. My issues/ file currently is at the Brigade Level within our company. Please advise based on your expertise.

Sincerely,

Joshua

Military Lawyer: Allen M., Esq., Lawyer replied 3 years ago
1. For a separation from the service, unless you have more than 6 years in the service, you have no meaningful chance to fight the separation. All you can do is write a letter to the approval authority asking to stay. Calling the test subjective, while that may be true, isn't going to work. A separation from the service is administrative, not criminal in nature, so due process simply isn't a legal requirement.
2. I'm not sure what you mean here. There is not specified time frame for the completion of the appeals process, just the start. I can understand your not liking the delay, but this gives you no legal argument at all.
3. Trial Defense doesn't set policy for the military. They can try to enforce their own, but they can't bind the military to their policies. If you were ultimately not given an Article 15, then there is no record requirement for it. If they submitted a copy of a completed Article 15 but just didn't give you your own copy, you have to retrieve a copy from your records. If your records don't actually contain it, then that's actually better for you than if it had made it to your record, so taking action to correct that oversight here may actually do more harm than good.
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