There's no need to worry about getting an Article 15 if you turn it down.
I'm Cody Harnish, UCMJ attorney.
Today, let's break down Article 15 of the UCMJ.
The different types and what to do if you're facing one.
This is going to be my one and final warning regarding Article 15’s.
If you go through with the process, you're going to be found guilty.
Article 15 of the UCMJ is non-judicial punishment. It’s not criminal.
It's used by commanders to discipline service members for minor offenses. It allows commanders to address misconduct, and there are three types of Article 15’s.
We have the Summarized, the Company Grade, and the Field Grade Article 15.
Summarized Article 15 - This is the least severe, the maximum punishments include extra duty for 14 days. Restriction for 14 days, an oral reprimand, or a combination of those.
Company Grade Article 15 - handled by the company commander.
This can result in extra duty for 14 days.
Restriction for 14 days.
Reduction in rank by one grade for E-4 and below.
And forfeiture of pay for seven days.
Then there's the Field Grade Article 15 - This is issued by a field grade officer.
This is the most severe form of Article 15.
Punishments can include extra duty for 45 days.
Restriction for 60 days, reduction in rank for E-4 and below.
Reduction by one grade for E-5 or E-6.
And forfeiture for half your pay for two months.
If you're facing an Article 15, you have several rights.
One. As always, you have the right to remain silent.
You don't have to make any statements.
Two. You have the right to counsel, but not at the second reading. You have the right to actually go and consult with an attorney, whether it be the military, defense attorney or civilian attorney.
Regarding the Article 15 and your options.
And you have the right to turn down the Article 15 and demand a trial by court martial, where the burden of proof is going to be much higher than in Article 15.
But there is an exception for the Navy in the Marines. If you are attached to an operational vessel, then you can't turn down the Article 15. You can't turn down the Captain's Mast. You can't request a court martial.
So here's the process. Once you're notified of the Article 15, that's only called your “first reading.” They then typically send you directly to the military defense counsel office, where you can fill out your election of rights on that form. You have the ability to turn down the Article 15 and demand a trial by court martial.
Here's the thing, they don't have to give you a trial by court martial.
No, they can actually say, you know what?
Screw you. We're just going to try to separate you or we're going to give you a GOMOR You know a general officer memorandum of reprimand.
Or they call your bluff and they give you a court martial.
Ultimately here's an important piece of advice you need to know.
If you choose the Article 15 process, you're likely going to be found guilty.
The burden of proof at an Article 15 is a preponderance of the evidence, 51% more likely than not that you did it. This is a much lower standard than the burden of proof at a court martial, which is beyond a reasonable doubt. 90 to 95% chance that you did it.
If you decide to accept the Article 15, you can present evidence. You can call witnesses, and you can make a statement in your defense.
But expectation management, you should expect to be found guilty.
If you decide to fight it, though, if you decide to turn it down.
Consult with an experienced attorney first.
It will be crucial to navigate the complexities of your situation and the facts of your case.
Like, share, comment, or follow for more information on military law. And in the meantime, I'm going to keep defending America's defenders.
At Harnish Law, PLLC, we are committed to providing exceptional legal representation for U.S. military service members worldwide. UCMJ Lawyer across all branches of the military.
DEFENDING AMERICA’S DEFENDERS
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