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I have 2 article 15's that are just under 10 years old. They…

Customer Question
Hi Pearl. I...

Hi Pearl. I have 2 article 15's that are just under 10 years old. They are from when I was an E1-E2. I am now an E6 and have served 11 years. I have an outstanding record of service past this point, however they are popping up and recently I was disqualified from recruiting orders because of them. I'm trying to find out what I can do to get this literally huge mistake behind me so that it doesn't continue to influence my career in a negative way.

Lawyer's Assistant: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?

Not at the moment, I haven't gone in as I was seeking information as to if this type of issue is something that is able to be resolved, or if I am just out of luck.

Lawyer's Assistant: Is there anything else important you think the Military Lawyer should know?

No this happened before a deployment to Iraq, literally 10 years ago, I have an absolutely perfect record both civilian and military wise since this issue.

Submitted: 2 years ago.Category: Military Law
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Answered in 8 minutes by:
2/20/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,626
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The only thing that can be done is to file a DD Form 149 with the military records corrections board. That board has the power to remove documents from your record, and only that board.

The problem here though is that you've mentioned no facts that would normally suggest an ability to have them removed. Article 15s, when placed in your record rather than locally, are intended to be permanent. The hardships that you are now facing, while truly unfortunate, are the entire intent behind filing them. They are to exact a toll on your record, because while it has been a long time, it did happen and when considering the highest levels of leadership for promotions the very smallest thing (even things from a decade ago) make the difference. That is why they are placed in the records.

The passage of time is not a factor that the board considers in removing them, because again, they are intended to be permanent fixtures. There is no "expungment" process.

The hardship that you are currently facing and are likely to face in the future, that is also not a legally relevant factor for the board.

They remove things from the record when they were placed there in error or when it was an injustice for them to be placed there. With 2 15's, it wasn't a legal error to place them in your record. You'll have to argue that it was an injustice, but that has to related to the circumstances surrounding the Article 15s, the fairness of the situation, whether or not evidence was ignored that should have been considered, etc. Simply put, it is rare to have them removed. I say this to discourage, but simply to give you the most accurate response that I can.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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).

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