What is Article 15?
Often called non-judicial punishment, an Article 15 is a federal law that allows commanding officers to conduct a non-judicial proceeding for minor offenses. It is a way for commanders to settle accusations of minor misconduct against a soldier without utilizing higher forms of discipline. A soldier does have the right to refuse to accept an ...
What are the effects of Article 15?
In some cases of misconduct, however, it may be possible for a military commander to give an Article 15 instead of a court-martial.
What is the maximum punishment for Article 15?
The three types of Article 15s are: Summarized: The maximum punishment at a summarized Article 15 can include extra duty for 14 days, restriction for 14 days, and/or an oral reprimand. Soldiers are not entitled to a defense attorney and may choose to request trial by court-martial.
How long is the penalty for a violation of Article 15?
Field Grade: Maximum punishment at a field grade Article 15 can include extra duty for 45 days, restriction for 60 days, oral reprimand, forfeiture of one-half base pay per month for two months, and/or reduction in rank to E-1 or reduction in rank of one grade. If you are found guilty at the Article 15, your punishment typically begins right away.
How long does it take to appeal an article 15?
If you decide to appeal the Article 15 and do not receive a decision within five calendar days, you can ask that punishment involving extra duty or restriction be interrupted based on the outcome of your appeal.
Can a military commander give an article 15?
In some cases of misconduct, however, it may be possible for a military commander to give an Article 15 instead of a court-martial. While this may be in your best interests, it is important to understand the details of an Article 15 and how it can impact your career and freedom.
What is UCMJ Article 15?
UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. When faced with a UCMJ Article 15, Servicemembers have a right to demand trial by court-martial, to appeal the non-judicial punishment, or to accept it. Their demand to have a court-martial terminates the non-judicial proceedings. When they appeal it, the punishment may not be increased, and the appeal goes to the next superior authority. Their acceptance means that they will accept the punishment.
How long is the statute of limitations for non-judicial punishment?
Statute of Limitations: Often, commanders forget that the statute of limitations for non-judicial punishment is 2 years. This means that not judicial punishment may not be administered for misconduct which was committed more than 2 years before the date of the UCMJ Article 15 punishment.
Can a commander impose a second UCMJ article 15?
No Double Punishment: Once UCMJ Article 15 punishment is imposed, a commander may not impose a second UCMJ Article 15 punishment for the same misconduct . However, the commander may decide to court-martial the Servicemember for the same misconduct.
How long does Article 15 last?
Summarized Article 15s are filed in the local files (at the installation Staff Judge Advocate office) for a period of two years or until the transfer of the soldier, whichever occurs first.
Where to file article 15?
Company and Field Grade Article 15s can be filed in the soldier’s official military personnel file (OMPF). The commander in each case decides where to file the Article 15. An Article 15 in a soldier’s official records will affect promotions, clearances, and special assignments.
What is Article 15 of the UCMJ?
About Article 15. Within the UCMJ is a provision for punishing misconduct through judicial proceedings like a court-martial. The UCMJ also gives commanders the authority to impose nonjudicial punishment, described in the UCMJ under Article 15. Article 15 provides commanders an essential tool in maintaining discipline.
Who can impose punishment under Article 15?
Only commanders may impose punishment under Article 15. A commander is any warrant officer or commissioned officer that is in command of a unit and has been given authority under AR 600-20, either orally or in writing, to administer nonjudical punishment.
Does a soldier have to have an attorney at an Article 15 hearing?
No lawyers are involved in the Article 15 hearing however, the soldier has the right to speak with an attorney prior to accepting proceedings under Article 15. There is also no prosecutor at an Article 15 hearing.
Is Article 15 a conviction?
Whatever the outcome of the hearing, an Article 15 is not considered a conviction and will not appear in your civilian record. On the other hand, if you demand a trial by court-martial and are convicted, this would be a federal conviction that would stay with you even after you leave the Army.
Can a soldier present evidence at Article 15 hearings?
Soldiers may present evidence at Article 15 hearings. Evidence would be something that shows a soldier is not guilty of the alleged offense (s). A soldier may also present matters in extenuation and mitigation, which are reasons why he should be punished less or not at all.
What is Article 15 hearing?
An Article 15 hearing is more of a legal proceeding than a trial and involves the chain of command with references that speak for or against the accused. By comparison, an Article 15 hearing is more similar to a misdemeanor court than a felony court, which would be more comparable to a court-martial.
What is Article 15 of the Uniform Code of Military Justice?
Article 15 of the Uniform Code of Military Justice allows a commanding officer to decide innocence or guilt and, if necessary, administer pun ishment to an offen der when a military man gets into trouble for a misdemeanor that does not require a court hearing.
What is the maximum sentence for a minor offense under Article 15?
A minor offense is defined as misconduct that is normally no more serious than that usually dealt with in a summary court-martial and where the maximum punishment is 30 days imprisonment .
How long does it take to appeal an article 15 ruling?
Appeals must be submitted in writing within five days of the Article 15 ruling.
How long does it take to get an article 15 violation expunged?
This could be two years if Article 15 was filed at the Attorney General’s office on a military base. Otherwise, a violation of Article 15 may affect your future access to security clearances, as well as your chances of getting a promotion or certain types of assignments. Sometimes getting a promotion can also erase a history of an Article 15 violation.
How long can a commanding officer suspend a sentence?
Commanding officers also have the discretion to suspend punishments for up to one year. Effectively, this means that punishment is not carried out unless the defendant fails to comply with the terms of the suspended sentence.
What Is An Article 15?
How An Article 15 Military Works
- To initiate Article 15 action, a commander must have reason to believe that a member of his command has committed an offense under the UCMJ. A minor offense is defined as misconduct that is normally no more serious than that usually dealt with in a summary court-martial and where the maximum punishment is 30 days imprisonment. Non-judicial punishment is the resul…
Types of Article 15 Punishments
- The commanding officer has several options for determining punishment, but none of them can be severe. The limits on punishments may vary depending on the rank of the commanding officer and the rank of the accused. Restrictions on correctional custody, base, or other specified limits typically cannot last more than 30 days, and the range cannot be reduced more than one degree…
Impact of Article 15
- A service member can have his or her history of an Article 15 violation expunged if he does not commit further violations within a specified time. This could be two years if Article 15 was filed at the Attorney General’s office on a military base. Otherwise, a violation of Article 15 may affect your future access to security clearances, as well as your chances of getting a promotion or cert…
Summary Court-Martial
- An Article 15 case may refer to a less formal type of court-martial, known as a summary court-martial. If you do not want your case to be decided in summary court-martial, you have the right to reject it. You are not entitled to a free military defense attorney in summarycourt-martial, as you would in other types of court-martial, but you can hire ...