Posted on Apr 10, 2018
Is a Commander allowed to send my Article 15 back to JAG to see if he can press for confinement or to possibly chapter me?
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I recently received and article 15 for peeing in another soldiers shampoo bottle. I used the masterkey to gain access to the room. Im not going to sell my side of the story and myself as a soldier because facts are facts. I got my second reading today and was given maximum punishments for an article 15. My question is my commander said he is thinking about sending it back to jag to see if he can press for confinement or possibly chapter me. Is he allowed to do this after I’ve received my punishment.
Article 15
UCMJ
JAG
Legal Services
Posted >1 y ago
Responses: 31
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You're still in AIT? I'm am very surprised that Ch12 hasn't been initiated. I knew a couple of AIT classmates that were discharged for way less.
If you manage to see your way past this, I hope you tighten your shot group and get your act together
If you manage to see your way past this, I hope you tighten your shot group and get your act together
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You violated the trust of your fellow Soldier. Received an Article 15 instead of court-martial or separation I would not be on here complaining I would be thankful I still had a job and that they still thought enough of me to think that I might straighten up and have a future
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The thing about an A-15 is that it is essentially pleading guilty to a charge or charges in exchange for non-judicial (ie not a court marshal) punishment. Sort of the Army equivalent of a traffic ticket. You may have committed crime(s), but rather than have all the trouble and work of a trial, you plead guilty and can receive punishments up to a certain amount based on the level (company vs field) of convening authority.
In the case of the specifications on the A-15, the commander can not generally go back after the fact and punish you more because after you plead guilty, he decides that it should be punished more. However, that doesn't preclude charges that WEREN'T included on the original specifications for being brought.
Like what might be happening in your case.
When you first told the story in another thread, you put forth the notion that this was a retaliatory strike between joes that got a bit out of hand and was brought to the attention of the CoC. What you did not mention was that you somehow laid hold of the master key and breached a lock in order to do the deed. That sounds an awful lot like Article 129, Burglary or more likely, Article 130, Housebreaking. The Army takes that kind of thing pretty seriously.
If you haven't done so already, you need an Army lawyer for this one. They could come down hard on you. A chapter is a real possibility. So is more than that. Punishments for an A-130 are up to five years of confinement and a BCD.
In the case of the specifications on the A-15, the commander can not generally go back after the fact and punish you more because after you plead guilty, he decides that it should be punished more. However, that doesn't preclude charges that WEREN'T included on the original specifications for being brought.
Like what might be happening in your case.
When you first told the story in another thread, you put forth the notion that this was a retaliatory strike between joes that got a bit out of hand and was brought to the attention of the CoC. What you did not mention was that you somehow laid hold of the master key and breached a lock in order to do the deed. That sounds an awful lot like Article 129, Burglary or more likely, Article 130, Housebreaking. The Army takes that kind of thing pretty seriously.
If you haven't done so already, you need an Army lawyer for this one. They could come down hard on you. A chapter is a real possibility. So is more than that. Punishments for an A-130 are up to five years of confinement and a BCD.
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LTC (Join to see)
1SG (Join to see) - actually that's not correct. When a soldier first signs an article 15, stating he accepts an article 15, it is simply acknowledging that he is accepting that the commander will resolve the charges using his authority under article 15. The soldier is not admitting guilt in any way by accepting an article 15. After a soldier accepts the article 15 proceedings, the commander hears evidence and determines guilt or innocence. So a soldier can absolutely be found not guilty after signing an article 15. If the soldier is found guilty, he signs it again acknowledging his punishment and his right to appeal. But it is not a choice between accepting an article 15 when you are guilty and seeking a CM when not. It is choosing who will decide your guilt or innocence, the commander or a court martial panel.
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SPC David Willis
LTC (Join to see) - Since we traveled down this rabbit hole why would a SM not want to take it to CM? What benefits are there to both options?
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LTC (Join to see)
SPC David Willis - usually because the max punishment that they could receive for the same offense if convicted by CM is vastly greater than the minor punishments allowed under article 15. Plus a conviction by a CM is an actual conviction while being found guilty under art 15 is just an administrative thing that doesn't create a criminal record.
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