Who can offer a soldier an Article 15?

Question

YEs, I could just read Article 15, but I don't have time right now. Does it have to be a commissioned officer? Does it have to be a commander? Can a First Sergeant? Here's the real question: what about a master sergeant who is a section sergeant?

Answer 1

Just for your records if you ever need to read it (I never did and I had a few threatened in my life) is the code:
http://usmilitary.about.com/od/justicelawlegislation/l/blucmj15.htm

Answer 2

It does have to be an officer. Normally it is the commander, unless he/she is away then it will be someone on G series orders. The group commander can, and the wing commander. First Sergeants cannot offer an Article 15, but they will be handling the majority of the paperwork, etc. The commander signs, makes the determination if you committed the offense or not, and the punishment.

This is for Air Force. I don't want to speak for the rest of the services, but I think it should be the same.

Answer 3

An Article 15 Non-Judicial Punisment is normally "issued" by a squadron commander, section commander, etc...in other words, an officer. However, an NCO may recommend NJP for the officer to issue. Another thing to remember is, Rank has alot to do with how severe the Article 15 punishment is. example...an 0-4 can issue an article 15 to an E-6, but the only punishment he can give is forfiture of pay. He/She cannot give extra duty or demote you. An 0-5 can. It's a little tricky, but like I said, rank plays a big part.

Answer 4

Only a 'commanding officer' can give an article 15. However if an E8 recommends that a soldier get an article 15 a commander is likely to do it.

Answer 5

basically the Article 15 comes from your commanding officer. A NCO can reccomend an Article 15 but bottom line is that your CO will be the one that will charge you with an article 15. In my experience article 15's are handed out like hotcakes. When I was in AIT at aberdeen proving grounds I knew 9 soldiers who got them within the 3 months I was there.

Answer 6

When I was in the military as an enlisted man, (I went back in later as an Officer and it was even worse... Trust me!) I had a real jerk of a 1st Lt threaten me with a court martial using article 117 of the UCMJ. He said I was "inciting to riot." I ran to a friend I had in the Judge Advocates office. He told me the 1st Louie was a jerk and not to worry about it. It was not possible so the 1st LT who was my section chief then threatened me with an Article 15. I was told to report to the CO of my squadron. He told me off the record if I refused to sign this jackass would have no recourse. Then he formally presented me with the article 15. I refused to sign and he slapped me on the back and told me to get out of his office. I went back to my section and was assigned several dirty jobs by the 1st LT and I later found out that I could have charged him as work details were not allowed as punishment... Good luck with your run in with military justice.

Answer 7

Think you answered your own question. Read Article 15, until you understand it then go to commanding officer or someone who out ranks you for more info.

Answer 8

When I was in the Army, only your CO could do an Article 15. I know because I got 3 of them...

Answer 9

His commanding officer usually gives it but it can be recommended, and often is to th C.O. by others!

An officer has to give you an Article 15!

Answer 10

Your Commanding Officer or he/she may delegate the NJP to the Executive Officer if they are not there, but never usually happens. A NCOIC *should not* be doing a NJP.

Answer 11

I don't think you know what a article 15 is.. It's UCMJ punishment for doing something wrong. Did you think it put's you out of the military? It doesn't, It takes pay & gives you extra duty. If you want one then hit the First Sgt in the mouth.