Article 15
Military units employ an Article 15 procedure which permits commanders to impose certain disciplinary punishments without many of the formal features associated with court-martial. Therefore, having access to qualified legal representation for this process is critical for success.
Service members may opt to forgo this process and demand a court-martial instead. When making this decision, seek advice from an experienced trial attorney before making your choice.
Article 15 What is an Article 15?
An Article 15 hearing is a non-judicial punishment proceeding conducted by a commander for offenses normally prosecuted at court-martial. At an Article 15 hearing, the commander considers all relevant evidence before making his or her determination on any potential misconduct on your part.
Service members have the option of rejecting an Article 15 process in favor of demanding a court-martial, up until their punishment has been announced. In general, however, it is in their best interests to accept an Article 15. Acceptance may help avoid federal conviction and its potentially severe repercussions, while also limiting potential punishments that might be handed out.
Maximum penalties that may be levied under Article 15 may include forfeiture of pay for two months, 60 days restriction or extra duty, rank reduction to E-1, and reprimand from commanders. Alternatively, service members could also be ordered by them commander to perform community service, pay an unauthorised absence fee and/or make restitution payments.
At an Article 15 hearing, service members have an opportunity to present evidence and witness testimony which extenuate or mitigate their conduct – such as acts of bravery, reputational issues within the military career/service record/personal circumstances etc. For these proceedings they are entitled to have experienced military defense counsel assist them with gathering, preparing and presenting evidence and witnesses as per Article 15.
Article 15 How do I get an Article 15?
An Article 15 is a special forum in the Uniform Code of Military Justice (UCMJ) that allows your commander to impose punishment without going through a lengthy court-martial process. When your commander decides to issue an Article 15, they will order you into their office and inform you about the charges they intend to bring against you as well as offer or decline an Article 15. Your service-specific Area Defense Counsel will assist throughout this process.
Service members have the option of inviting their attorney into proceedings, as well as present witnesses and evidence (police reports, photographs and statements) at this personal appearance with an imposing commander acting as judge and jury. In addition, service members will have an opportunity to present positive information about themselves such as on duty/off duty achievements/performance reviews/atta boys from peers and superiors during this meeting.
Service members should carefully consider their decision to accept an Article 15 plea agreement, as accepting this option can avoid federal conviction and limit potential punishments that could be levied against them. But by accepting this forum they may lose the right to demand a court martial trial and potentially face harsher punishment consequences like jail time. It is advisable for military service members seeking representation to discuss this decision before accepting such an
Article 15 What happens if I get an Article 15?
Dependent upon the nature and rank of your offense, an Article 15 could either become part of your military record (OMPF/UIF) and follow you throughout your service career. Therefore it’s essential that an experienced military defense lawyer be on hand should you receive one!
At an proceeding, your commander will decide if you committed the offense(s). During the hearing process, evidence such as police reports, photos, witness statements, sworn statements and memorandums for the record can be presented against you as part of this procedure. Furthermore, “matters in extenuation and mitigation” will also be considered during this step; to help facilitate fair punishment decision-making during this stage it’s essential that positive attributes about yourself be shared with him/her during this step of the proceedings.
Once all evidence has been presented, your commander will decide and notify you directly of what punishment they feel is suitable. If they find you guilty, the case will move to court-martial. An A in your file could keep you from receiving special assignments, promotions and security clearances in the military; moreover it could negatively impact employment opportunities with law enforcement and federal agencies when transitioning out.
Article 15 What happens if I don’t get an Article 15?
An proceeding is a non-judicial method for commanding officers to address allegations of minor misconduct without resorting to more stringent forms of discipline. Such proceedings may lead to extra duty, restriction, oral reprimands, forfeiture of seven days base pay and rank reduction; they also represent an important obstacle for service members who want to advance within the military, since promotion boards evaluate each service member’s disciplinary records carefully when making promotions decisions.
No matter the outcome of an proceeding, its effects will remain lastingly on your permanent record. While an Article 15 conviction won’t prevent you from seeking post-military employment opportunities or law enforcement work, law enforcement and government employers could see how your military discipline has affected them and refuse to hire you due to being reminded of your military discipline issues or conviction.
Refusing an and risking trial can give you a higher chance of beating all allegations against you, though that comes at the risk of confinement time, punitive discharge and being permanently identified as a felon on your record. Before considering turning down an it would be prudent to discuss it with a military lawyer so you can assess all of its risks and benefits; then determine which option best serves your interests.
