What is a Article 15 in the Army?

It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander's.

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.

Do Article 15 go away?

The Article 15 will be destroyed two years from the date of imposition, transferring General Court Martial Convening Authorities or upon your ETS, whichever occurs first.

What is the punishment for 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 do you get an Article 15 in the Army?

The first thing you must know if you receive an Article 15 is why you are receiving an Article 15: it's because your commander believes that you did something in violation of the UCMJ, and - quite frankly - he or she wants to punish you for it without going through the trouble of taking you to a court-martial.

Non-Judicial Punishment under Article 15, UCMJ

What does an Article 15 do to your career?

It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander's.

Can I get an honorable discharge with an Article 15?

Finally, in some situations, you could be discharged after an Article 15 through the administrative discharge process (though you can't be dishonorably discharged for an Article 15). It could also lead to a negative service characterization, which could affect your veterans benefits.

What are the three 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.

What ranks can get an Article 15?

Is an Article 15 a criminal conviction?

An Article 15 hearing is not a conviction—it is an administrative punishment.

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 is an Article 14 in the Army?

This chapter establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave.

Can you retire from the Army if you are flagged?

As an exception, a Soldier who is flagged for overweight or APFT failure may be recommended for and presented an award based on valor, heroism, or for length of service retirement.

How long does an Article 15 appeal take?

Appeals must be made within 5 calendar days (not duty days) from the date punishment is imposed. Appeals not submitted within the 5 days could be rejected as “untimely.” For good cause, a commander may extend the 5- day period.

What is an article in the military?

A general article, in military law (sometimes called "the Devil's Article") is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law.

How do you get dishonorable discharge?

Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g., desertion, sexual assault, murder, etc.) that call for dishonorable discharge as part of the sentence.

How long is extra duty Army?

Weekdays Extra duty is from 1800 until mission complete or No Earlier Than 2300. Saturdays, Training Holidays, Holidays report times are 0900-2300. Sundays report times are 1300-2300. Extra duty personnel will be released when all tasks are completed but NET 2300.

What is the process for an Article 15?

An Article 15 begins when a Soldier, NCO, or Officer is notified by the imposing Commander, or a delegee (sometimes a lower-level Commander or a CSM/1SG). The Commander will read a notification that is very similar to this: "As your commander, I have disciplinary powers under Article 15 of the UCMJ.

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.

What is military punishment called?

Non-judicial punishment (or NJP) is any form of punishment that may be applied to individual military personnel, without a need for a court martial or similar proceedings.

What are the 5 types of discharge?

In general, there are five different types of discharges from the Army: Honorable; General, Under Honorable Conditions; Under Other than Honorable Conditions; Bad Conduct; and Dishonorable.

What happens when you get two Article 15s?

You most likely will not need to request it. Usually two Articles 15's are enough for your command to request a discharge for patterns of misconduct. I would be careful about asking for a discharge as you just might get what you are asking for but in a way you would not appreciate.

How bad is a dishonorable discharge?

A Dishonorable Discharge is reserved for truly reprehensible crimes such as murder, manslaughter, sexual assault, and desertion. Those who receive a Dishonorable Discharge will lose all of their military benefits and are forbidden from owning firearms as civilians.

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.

What is an Article 13 in the military?

Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier's presence at trial.