Can a soldier refuse an Article 15?

A soldier has the right refuse to accept an Article 15 and instead request trial by court-martial. It is important to know that accepting an Article 15 is not an admission that you are guilty. You should be allowed to consult with a military defense attorney before deciding whether to accept or reject the Article 15.

What does Article 15 mean in the military?

For better or worse, non-judicial punishment (NJP) is exactly what the name implies. As authorized by Article 15 of the Uniform Code of Military Justice, a commander may discipline their troop without the need for a court-martial.

What are the maximum punishments for Article 15?

The maximumpunishments for Article 15’s are listed below: (The grade of the commander imposing the Article 15 is important because it will determine the maximum punishment you could receive. If the officer is a CPT or below, it is a Company Grade Article 15; if he/she is a MAJ or above, you have been offered a Field Grade Article 15.)

Why is a company grade Article 15 important?

(The grade of the commander imposing the Article 15 is important because it will determine the maximum punishment you could receive. If the officer is a CPT or below, it is a Company Grade Article 15; if he/she is a MAJ or above, you have been offered a Field Grade Article 15.) COMPANY GRADE FIELD GRADE

Can a soldier turn down the Article 15 process?

The Article 15 process is not perfect, but it does provide a method for Soldier s to contest their guilt without having to fear permanent criminal repercussions if they are found guilty.  There may be a case in which it is advisable to turn down an Article 15, but these cases are rare.

Can a soldier refuse to accept Article 15?

In situations where a soldier is handed the option to receive an Article 15, but the soldier doesn’t believe they were in the wrong, they have the option to refuse the Article 15 and request trial by court martial instead. Anyone in uniform may, however, refuse to accept the Article 15 and instead demand trial by court-martial.

What are the rules for company grade Article 15?

Company Grade Article 15 (Given by Captain (O-3) or Lieutenant) Restriction: 14 days Extra duty:14 days Forfeiture of pay: 7 days basic pay Reduction in Grade: E-4 or below may be reduced one grade. No reduction for E-5 or above.

Can a Soldier refuse an Article 15?

What happens if you beat an article 15 soldier?

If the commander finds you guilty, they alone will decide your punishment. If the commander finds you guilty, they will decide your punishment. You then have the opportunity to appeal your conviction and your punishment with the next higher ranking commander. Should I Turn Down My Article 15?

What do you need to know about Article 15?

Soldiers may present evidence at Article 15 hearings. Evidence would be something that shows a soldier is not guilty of the alleged offense(s). A soldier may also present matters in extenuation and mitigation, which are reasons why he should be punished less or not at all.

Who is a commander under the Article 15?

The Article allows commanders to impose punishment for relatively minor infractions. Only commanders may impose punishment under Article 15. A commander is any warrant officer or commissioned officer that is in command of a unit and has been given authority under AR 600-20, either orally or in writing, to administer nonjudical punishment.

How does Article 15 work in a court martial?

The level of proof is the same at both an Article 15 hearing and a court-martial; the imposing commander must be convinced of the accused soldier’s guilt by the evidence presented before the soldier can be found guilty. Whatever the outcome of the hearing, an Article 15 is not considered a conviction and will not appear in your civilian record.

How does Article 15 work in the military?

Often called non-judicial punishment, an Article 15 does not involve any judicial proceedings. It is a way for commanders to settle accusations of minor misconduct against a soldier without utilizing higher forms of discipline. A soldier does have the right to refuse to accept an Article 15 and request trial by court-martial.

Can a person who is sentenced under Article 15 appeal?

Updated December 02, 2018 If nonjudicial punishment (NJP) is imposed, the commanding officer is required to ensure that the accused is advised of his right to appeal. A person punished under Article 15 may appeal the imposition of such punishment through proper channels to the appropriate appeal authority.

Who is allowed to impose punishment under Article 15?

Only commanders may impose punishment under Article 15. A commander is any warrant officer or commissioned officer that is in command of a unit and has been given authority under AR 600-20, either orally or in writing, to administer nonjudical punishment.

What does Article 15 mean in the UCMJ?

Article 15s are considered nonjudicial punishment under the UCMJ. Article 15s. are a mechanism that allow the chain of command to punish a Soldier for offenses. under the UCMJ without formally charging him/her at a court-martial. Article 15s are. governed by AR 27-10, Chapter 3.