Posted on Jan 31, 2020
PO2 Master-at-Arms
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Posted in these groups: Legal scales books gavel image1 Court Martial
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Responses: 2
SGM Bill Frazer
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According to my last copy of UCMJ, the choice between nonjudicial punishment and courts martial belongs to the SM- i.e you can always request a courts martial in lieu of ART 15. Not saying they will give it to you- cost money for courts martial and if it's cut and dry they could say no. Keep in mind ART15 is a slap on the wrist while Courts martial is a roundhouse kick to the jaw.
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SSgt CASS Test Station IMA Advanced Maintenance Technician, IMA
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As far as I have read and/or remember none. If a service member denies Article 15 the command can pursue other administrative action i.e page 13 for navy, administrative separation, choose not to levy charges, convene preliminary or article 32 investigation, or convene courts martial. I'm sure there probably have been commands that have told service members they cannot deny article 15 in combat zones but as I recall the only place courts martial can be denied is while deployed at sea.
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