UCMJ Article 15
In an Article 15 preceding does the soldier being accused have a certain timeline to gather evidence for his/her case?
The Manual for Courts Martial (which contains the Uniform Code of Military Justice (UCMJ) does not give a time limit. There is an absolute right to refuse an Article 15 and for this reason, most commanders will give a soldier time to prepare before making a decision, but the manual does not provide any minimum preparation time.
Is Article 15 a punishment itself or it can also include dishonorable discharge?
An Article 15 is non-judicial punishment, and it doesn’t carry any sort of discharge. With that being said, the behavior that leads to an Article 15 can also be used as the basis for an administrative separation, but at worst that would be an Other Than Honorable discharge, not dishonorable.
If the Article 15 is attached to the resignation with a strong command endorsement for an Other Than Honorable discharge to Head Quarters, Department of the Army (HQDA), is there a good chance to support the command or does someone’s service record of 20 years and multiple combat tours possibly facilitate a better characterization?
An Article 15 is non-judicial, so you would have neither a misdemeanor nor a felony. If you went to Court Martial and lost it could lead to a full criminal charge, and a Dishonorable Discharge. The Other than Honorable Discharge and Article 15 would be preferable.
How long after getting an article 15 can the army chapter someone out?
There is no “limit” on this. There is no statute of limitations on a Chapter. Many times statutes of limitations differ from one article to another. Often the difference is confusing. Ask the Military Lawyers on JustAnswer for any rules, regulations as well as military article limits.
If someone was recommended for FG Art15 on 01AUG08 and the recommendation has yet to be sent to the reviewing Cmdr or Judge Advocate General. The party was flagged on 11AUG08 and their direct line supervisor didn't even know they had been flagged until the party told him. The party only knew because they happened to check their ERB. Are they missing the process that this should be done? Does someone need to the recommendation before flagging someone?
There is no time limit requirement to notify the member on a pending Article 15. The Article does provide that the member be notified prior to the proceeding and advised of his Article 31 rights, but there is not a minimum time to do this.
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