What happens if I refuse an Article 15?

If the service member decides to refuse or “turn down” the Article 15 action, the chain of command will then decide whether to drop the case or forward it for court-martial action.

Can you refuse an Article 15?

The decision to impose an Article 15 is completely the commander's. A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial.

How long does an Article 15 stay on your record?

After two years (or if you PCS/ETS), an Article 15 is destroyed and can't be used against you. E-5 and above, unfortunately, have the Article 15 on their record forever (unless you have it expunged).

Is an Article 15 a dishonorable discharge?

BUT, did you know that an Article 15 has long-lasting effects? For example, an Article 15 could become the basis for an administrative discharge, and result in a negative service characterization. If that is the case, it could affect your Veteran benefits and will be reflected on your DD214.

Do you get flagged for an Article 15?

If you received an Article 15, the flag will remain in place until the entire punishment is complete including suspensions. The flag should be lifted when the issue is resolved.

Non-Judicial Punishment under Article 15, UCMJ

Can the military kick you out for having too much money?

There's nothing in an enlistment contract that says you have to leave the military if you come into a large sum of money, but there is a clause that allows for service members to request a discharge under "unique circumstances."

How long does the Article 15 process take?

This entire process is typically called the "first reading." Typically, more than 48 hours will be provided, because TDS is so slow to meet with the Soldier in question. Furthermore, more time is needed to submit a complete Defense, in most cases.

What are the four types of article 15?

Article 15s come in different levels: Summarized, Company Grade and Field Grade. They differ in two main respects: the severity of the punishment and in how the record of it can affect a soldier's future in the Army. Article 15s can affect a soldier's future.

What happens if a soldier refuses to go to war?

Attempted desertion also is charged as a military crime, as long as the attempt went beyond mere preparation. Desertion carries a maximum punishment of dishonorable discharge, forfeiture of all pay, and confinement of five years.

What are Article 15 offenses?

Offenses Punishable Under Article 15

Sleeping on duty, disobeying military orders, disrespect to superiors, and underage drinking are examples of disciplinary infractions usually punished under Article 15. The circumstances surrounding the offense are factors for determining whether the charge is minor.

Is an Article 15 a criminal prosecution?

In contrast to formal courts-martial, Article 15 procedures in the U.S. military are a form of non-judicial discipline conducted by commanders. They do not result in a criminal record and may not affect a service member's record in the military.

Can officers lose rank?

This occurs often in the U.S. military, to three- or four-star general or flag officers, who can be reduced in rank to no lower than their permanent rank of two-stars, as all ranks above two-stars are temporary, and are linked to their position's office.

Is an Article 15 public?

Because it is included in your service record, it is a public record. A service member can be denied a commission if there is a non-judicial punishment on record. The process for a non-judicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch's regulations.

How do you fight a summary of Article 15?

To refuse Article 15 proceedings and demand trial by court-martial if not attached to or embarked on a vessel. If a Soldier demands trial by court-martial, the trial could be a Summary, Special, or General Court-Martial. A Soldier may also object to trial by Summary Court-Martial.

Is an Article 15 a misdemeanor?

An Article 15 hearing is more of a legal proceeding than a trial, and it involves the chain of command with references speaking either for or against the accused. For comparison, an Article 15 hearing is more similar to a misdemeanor court as opposed to a felony court, which would be more comparable to a court-martial.

How long is the jail sentence for refusing to go to war?

Knowing and willful refusal to present oneself for and submit to registration as ordered is punishable by a maximum penalty of up to five years in Federal prison and/or a fine of US$250,000, although there have been no prosecutions of draft registration resisters since January 1986.

What is code 19 in military?

Career branch numbers range from 11 to 92. For example: 13 for field artillery, 19 for armor/armored cavalry and 92 for quartermaster. Within each occupational field, there are usually several codes available.

Can a soldier refuse an order?

So, can a person in the military simply refuse to follow an order if they don't like it? The answer is yes — if they consider the order itself to be illegal or unconstitutional. It's generally called a "duty to disobey," and is empowered by the Uniform Code of Military Justice.

How many times can you appeal an Article 15?

If an Article 15 is filed in a Soldier's (E5 or above) OMPF, there are two subsequent appeals available.

Can you deploy if your flagged?

Bottom Line. No the flag cannot prevent your deployment forward.

Can you be charged under UCMJ after discharge?

For those currently serving on active duty, the UCMJ applies. The UCMJ does not apply to veterans who were discharged before reaching 20 years of service and qualifying for a retirement. For reservists, the UCMJ applies only while on active duty or inactive duty training.

What happens if you refuse NJP?

Usually, refusing an NJP will result in the case being moved to a court martial, which can result in a more serious sentence. An accused has the right to a personal appearance before the officer imposing punishment, they can refuse to testify if they wish and to bring witnesses on their behalf.

Can you buy yourself out of the military?

Discharge by purchase, colloquially called buying oneself out of service, is the obtaining of a military discharge by payment. The purchase price is in effect a fine for leaving military service earlier than the date contracted for when enlisting.

Can military win the lottery?

There are known cases of lottery winners who won while serving in the military where they were honorably discharged after wishing to do so. A coast guard officer won a fantastic million in a Powerball drawing back in 2016.