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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being recommended article 15 in the army for disrespect

Customer Question

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 the fact that my commander was leading a formation and I had to be loud enough to be heard. After this, my platoon SGT asked if I was going to run with the group, and I stated I did not want to. He then told me to join and run. I did. So now another NCO, is writing me up and pressing for ucmj bc I "sarcastically" saluted the commander, and disrespect the NCO for simply stating, at parade rest, that I did not want to run, but still after given an order to, ran.
So my question is, should I reject this ucmj? I am also currently in AIT and am due to PCS in a month. I feel like bc I got into trouble before, they are looking for every little thing to use against me to keep me from PCSing to my next duty station. Even if I receive the article, can my commander impose it? Since she is the one affiliated with the said such action? Isn't this a conflict of interest? Is there any way to prove I was being disrespectful when there was no intent behind it?
And if I have other evidence of similar events, who should I speak to about harassment?
Submitted: 3 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Telling a higher ranking officer you did not want to run, even if you subsequently did run, is still insubordination. As far as whether or not this will go to a trial or administrative sanctions that is up to the commander. Your commander can accept or reject the Article based on what is stated in the report, but even if she is the one who is involved in the action she can impose sanctions, that is not a conflict of interest.
Quite honestly, they could not prove any disrespect to the Officer if you did salute and issue the greeting. There is no way to prove any intent of disrespect for that, but for telling the NCO you did not want to run, they could prove disrespect/insubordination for simply that comment. Typically, it would be grounds for administrative not criminal sanctions, most usually a reprimand.
I would go sit with your local JAG, as is your right, if you believe this is being done as a pattern of harassment against you and discuss the matter with them, as they can go to the more senior command on your behalf to try to resolve the issue without you getting severe sanctions.
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