How To Fight An Article 15? (Solution)

If you are found guilty during an Article 15 hearing, you have the right to appeal to the next higher commander. For example, if the imposing commander is your company commander, the appellate authority is usually the battalion commander. The appeal must be submitted within five days of your hearing.

Can you get an Article 15 removed?

An Article 15 in your military record can impact your ability to obtain special assignments, promotions, or security clearances. If some time has passed without any further disciplinary issues, sometimes you can get your Article 15 removed from your file.

What happens if you fight an Article 15?

In the worst case scenario, you will be convicted, punished, and discharged from the military, but you will not risk going to jail, receiving a punitive discharge such as a Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD), or having a federal conviction on your record, all of which are only possible via court

Can I 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.

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What is the punishment for 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.

Is Article 15 a conviction?

Whatever the outcome of the hearing, an Article 15 is not considered a conviction and would 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.

Do Article 15s stay on 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.

What are the 3 types of Article 15?

There are three types of Article 15 proceedings:

  • Summarized. Any company grade commander may administer this type of Article 15.
  • Company Grade. Any company grade commander may administer this type of Article 15.
  • Field Grade. A commander in the rank of major or above may administer this type of Article 15.

Can you appeal a summarized Article 15?

If you are found guilty during an Article 15 hearing, you have the right to appeal to the next higher Page 3 commander. For example, if the imposing commander is your company commander, the appellate authority is usually the battalion commander. The appeal must be submitted within five days of your hearing.

How long does a UIF stay on file?

Effect: A UIF is active for up to two years for enlisted members. An active UIF must be reviewed whenever you are being considered for promotion, reenlistment, PCS, PRP, just to name a few.

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Does Article 15 show on DD214?

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.

Who can give an Article 15?

Only Commanders: Only commanders or officers in charge are authorized to impose UCMJ Article 15 punishment. Other individuals are normally not allowed to impose the non-judicial punishment.

Is Article 15 clothing still in business?

Article 15 Clothing Company is a lifestyle apparel brand within the military, veteran, pro-2a, pro constitution and rock and roll space. Five years later Article 15 is a team of 6 partners and is still a staple brand within the military community.

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