What is an Article 15 in the military?
What is an Article 15 and why is it sometimes called non-judicial punishment? Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial.
What happens if you get an Article 15?
If You Accept the Article 15 Accepting the Article 15 is not an admission of guilt. By accepting the Article 15 you are only agreeing to let your Commander decide whether or not you are guilty, and if guilty, the appropriate punishment. The Commander must listen to your side of the case and all of your witnesses.
Is an Article 15 a dishonorable discharge?
Article 15 gives a commanding officer power to punish individuals for minor offenses. The term “minor offense” ordinarily does not include misconduct which, if tried by general court-martial, could be punished by a dishonorable discharge or confinement for more than one year.
Can you reenlist with an Article 15 Air Force?
Servicemembers Can Appeal An Article 15 Anyone found guilty as the result of an Article 15 hearing has the right to appeal using the chain of command. The appeal would be delivered to the next-highest commander.
Does An Article 15 follow you?
There is no federal conviction that will follow you outside of the military; just punishment (but no jail time) and of course, the Article 15 stays as a part of your permanent record.
Can you get an Article 15 for failing a PT test?
Failing an APFT is not a violation of any article of the UCMJ, so you can ‘t get punished.
How do I get rid of Article 15?
Ask your commander to contact the FBI to get the record of your arrest removed. If your commander won’t help, you can file a privacy act request to ask the FBI to remove it. Talk to the military defense attorney on your base to ask for assistance.
How long does it take to process an Article 15?
It “can” take up to two years, but usually a few weeks to a couple of months is about average. When you are read the Article 15, mention to your TDS lawyer that you believe you have already served part of the punishment.
Does a general discharge look bad?
A General military discharge is a form of administrative discharge. Some employers may still look favorably upon this status level of discharge. In many cases, a thorough explanation of circumstances may be required.
What kind of discharge is failing a drug test?
Failing a drug test will get you a dishonorable discharge. If I were to fail a drug test, my commander would determine my punishment. If a Soldier fails a drug test, the commander of a unit determines the level of punishment.
What do you have to do to get an Article 15?
To initiate Article 15 action, a commander must have reason to believe that a member of their command has committed an offense under the UCMJ. A minor offense is defined as misconduct normally not more serious than that usually handled at a summary court-martial and where the maximum punishment is 30 days’ confinement.