What is an Article 15 in the National Guard?

What is an Article 15 in the National Guard?

In an Article 15, the commander (who is normally not a lawyer) hears the evidence, makes a determination of guilt or innocence, and imposes punishment. He may also retain a civilian attorney at his own expense. The accused may also refuse to accept the Article 15 and request trial by court-martial instead.

Is the Uniform Code of military justice Article 15?

The Uniform Code of Military Justice spells out the maximum punishments possible under non-judicial punishment. An Article 15 can carry with it any of the following:

What can a commander do under Article 15?

Comparatively minor infractions can be outweighed in a commander’s eyes by future exemplary conduct after the NJP. Just as in civilian court cases, a commander has the authority to impose a suspended punishment instead of a full-blown Article 15 or other NJP.

When do article 15s get removed from the military?

It is to your advantage to avoid further disciplinary issues in order to improve your chances of your Article 15 not following you throughout your military career. Or, an Article 15 might get removed after you earn a promotion. Article 15s filed on base at the JAG office often get removed after two years.

What are the maximum punishments under Article 15?

Maximum Punishments Under Article 15. The Uniform Code of Military Justice spells out the maximum punishments possible under non-judicial punishment. An Article 15 can carry with it any of the following: Reduction in rank; Fines involving a percentage of one month’s basic pay; Confinement up to 8 days; Admonition; Reprimand; Extra Duty

What is Article 15 in the Uniform Code of Military Justice?

Article 15 Proceedings. An Article 15 is a military justice option available to commanders pursuant to Article 15 of the Uniform Code of Military Justice.

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.

What happens at an article 15 hearing in the military?

Answer: A finding of guilty at an Article 15 hearing will be filed in your military records; however, the rules vary depending on your rank. If you are in the grade of E4 and below, the Article 15 will be filed locally in non-judicial punishment files.

What do you need to know about Article 15?

Article 15 Proceedings. It is not a judicial (i.e. legal) proceeding, so it is sometimes also called “nonjudicial punishment.” It permits commanders to resolve allegations of minor misconduct against a Soldier without resorting to higher forms of discipline, such as a court-martial. In an Article 15, the commander (who is normally not a lawyer)…