What is the difference between UCMJ and Article 15?
Article 15s are considered nonjudicial punishment under the UCMJ. Article 15s are a mechanism that allow the chain of command to punish a Soldier for offenses under the UCMJ without formally charging him/her at a court-martial.
What is the difference between field grade and Company grade Article 15?
A Company-Grade Article 15 is given by a Captain (O-3) commander. A Field-Grade Article 15 is given by a Major (O-4) or above. The important thing to note is that both types of Article 15s are extremely damaging to your career and are likely career-ending.
Does extra duty have to be served consecutively?
No two or more of the punishments of arrest in quarters, confinement, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each.
How bad is an Article 15?
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 bad is a field grade 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.
Can extra duty be extended?
Soldiers on extra duty will not engage in casual conversation with other soldiers. If a soldier fails to execute his/her duties to standard or malingers these hours may be extended by the 1SG or Commander.
How long does a field grade Article 15 stay on your record?
A finding of guilty at an Article 15 hearing will be filed in your military records; however, the Article 15 will be removed from your record after two years.
Can you still get an honorable discharge with an Article 15?
Under certain circumstances, however, a Soldier need not complete their full term of service to receive an Honorable Discharge, so long as the discharge is not due to misconduct. Recipients of General Discharges usually have engaged in minor misconduct or have received nonjudicial punishment under Article 15, UCMJ.
Can I get an honorable discharge with an Article 15?
Can you take leave with an Article 15?
Short Answer: That depends. It is up to the commander to allow the Soldier to go on leave. Any repercussions for the Soldier not having to complete the entire extra duty imposed falls on the 1SG and Commander for not informing the BC prior to the punishment phase of the Article 15 proceedings.
What do you need to know about UCMJ Article 15?
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.
What does the UCMJ say about court martial?
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.
What do you need to know about Article 15?
About Article 15. The soldier is informed that the commander has started nonjudicial punishment (Article 15) procedures against him. Once the commander has conducted the hearing and if he decides that the accused is (a) guilty and (b) needs to be punished, he will prescribe punishment that fits the offense (s).
How does Article 15 work in a court martial?
The level of proof is the same at both an Article 15 hearing and a court-martial; the imposing commander must be convinced of the accused soldier’s guilt by the evidence presented before the soldier can be found guilty. Whatever the outcome of the hearing, an Article 15 is not considered a conviction and will not appear in your civilian record.