If someone is offered nonjudicial punishment under Article 15 and it includes extra duty he doesn't want to do, what steps can he take? For example, how long does he have to decide whether or not to accept the Article 15? If he chooses to exercise his right to a court martial, does is it true he still has to do the extra duty in the mean time? Does he have the right to legal council before deciding whether or not to accept the Article 15?
2006-11-16 00:21:53 · 9 answers · asked by Anonymous in Politics & Government ➔ Military
I am not certain how the rest of the services work, but for the Air Force the punishment is not thrown in until after the person has decided to accept nonjudicial punishment. Here is how it works basically.
Member is offered nonjudicial punishment. Member has 3 days to decide to accept or not accept. Member can seek legal counsel. (ADC) and it is in the best interest of the member to provide a written statement. The member can choose to also make a verbal presentation, which ADC does not advice because then the commander can question the individual.
After 3 days the member either accepts or doesn't accept nonjudicial punishment. If he/she doesn't accept then the member will be Court martialed. If he/she does then the commander weighs all the facts and decides if the member committed some, all, or none of the offenses. The commander then decides and lets the first sergeant know of his/her decision and it goes off to legal with the commander's decision. (what offenses were committed and the punishment). It comes back from legal and then the member is called back in and the verdict and punishment is read. The member can still appeal the punishment and can consult ADC and make another written presentation to the commander. This is the down and dirty and there is more concerning this, but your best bet is to consult your Area Defense Counselor.
2006-11-16 01:37:06 · answer #1 · answered by Shiva07 2 · 1⤊ 0⤋
The first step in any legal action is the Article 15 and if all you got was extra duty, I would serve it.
There are three types of courts-martial.
Summary: Basically a kangaroo court except more can happen that at an Article 15
Special: Almost anything can happen here except sentencing you to die - you can request a real attorney
General: You are in really bad trouble and you had best ask for real attorney
You go to Article 15 and if the Commanding Officer thinks tht the offense is too great for only NJP, he will order a court martial which may be accompanied by an Article 32 hearing.
2006-11-16 12:07:31 · answer #2 · answered by Polyhistor 7 · 0⤊ 0⤋
He has two choices:
1) Refuse the article 15 and demand a court-martial.
2) After the fact he can appeal the article 15 to the next higher commander (generally a waste of time because the person giving the article 15 generally had a legal review done before he even talked to the soldier.)
2006-11-16 02:35:12 · answer #3 · answered by MikeGolf 7 · 1⤊ 0⤋
You can refuse an article 15 and opt for a court martial instead. Just a word of advice, in your case an article 15 might result in little more than a reprimand. Go for the court martial, and you may open up a can of worms you will wish you hadn't. Also, keep in mind an article 15 is pulled from your file when you leave your unit, a court martial is forever a part of your record.
2016-03-28 22:21:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
http://usmilitary.about.com/od/justicelawlegislation/a/article154.htm
i would suggest reading this instead of me paraphrasing it wrong. i received an article 15 for underage drinking while i was enlisted in the army. everyone is entitled to legal counsel and i was actually sent to a theatre with my sergeant and they gave a briefing on what an article 15 was and what the punishments i could receive. sometimes taking the article 15 even if you aren't guilty is better, not always. my husband got an article 15 in iraq and they basically told him if he agreed to the punishment not admitting guilt at all, then they would suspend his rank and pay and he would only serve extra duty. but if he declined it, then they would give him the max punishment. seems wrong.
2006-11-16 00:52:29 · answer #5 · answered by haikuhi2002 4 · 0⤊ 0⤋
If he is in the Navy on a ship, he cannot refuse art 15. Once you have it it is too late. You have to request a courts martial before hand.
2006-11-16 00:25:25 · answer #6 · answered by netnazivictim 5 · 1⤊ 0⤋
If you get that answer let me know. My son in law is going thru that right now. What's worse this was for a very minor offense. He's lost rankbecause he asked why, weeks later after being overpaid for original rank he got the right pay minus all the overpaid and worse yet as punishment they kept the marriage pay for the month! He has been working late for weeks now. He is awaiting a medical discharge and everyone warned me this would happen. I would recommend everyone contact their state representives, congress for protection of the marriage pay. Children and spouses should not be punished! That pay may not be much but it will provide food ect. For the family to help support the soldier they need a certain security!
2006-11-16 00:41:07 · answer #7 · answered by Lisa T 2 · 1⤊ 3⤋
refuse art 15 and you will have a court martial
2006-11-19 10:19:33 · answer #8 · answered by mcspic63 4 · 0⤊ 0⤋
are you guilty? take your whipping and march on.
2006-11-16 03:14:19 · answer #9 · answered by David B 6 · 0⤊ 2⤋