Posted on Feb 12, 2021

Is an Article 15 warranted if someone comes in from the field for an appointment, only to find out that the clinic is closed?

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I have a battle buddy that is being given a field grade article fifteen. He and his battle buddy were driven back from the field to an appointment they thought one of them had scheduled. The battle buddy had these appointments every Monday Wednesday and Friday. Due to a training holiday the physical therapy clinic was closed. They did not know that is was going to be closed. Ds is now saying that the battle buddy lied to an NCO about having an appointment. He is also saying that the male that went with him is going to receive an article fifteen for not making sure his battle buddy actually had an appointment. Are either of these articles founded. What is the best advice for them?

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Article 15

Posted 4 y ago

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Responses: 9

SFC (Join to see)

Posted 4 y ago

You cannot judge what is or is not a valid UCMJ from being a third party. Whether you think it's right the outcome will be the same, it doesn't need your approval. There is a good chance that you don't know the whole truth and a much better chance that we aren't hearing the whole truth, so our judgment is worthless.

Enlisted do not administer UCMJ, Commanders do. If the commander finds enough evidence to process an Article 15, then the Commander believed there was enough evidence. The Soldier will be able to present their side of the story. Drill Sergeants do not give Article 15s.

Your friend will be allowed to speak with Trial Defense Services who will be able to ACTUALLY advise the Soldier on their best options. The Commander will meet with JAG who will legally counsel the Commander whether the Article 15 is ACTUALLY warranted or founded

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SFC (Join to see)

4 y

PVT (Join to see) the advice is to ignore other people's advice and not take their bad advice. The advice is to talk to the Subject Matter Expert - Trial Defense Services - and not listen to barracks lawyers or any other person who may have experienced something similar. Listening to other privates is the number one reason Soldiers make bad decisions

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SFC Casey O'Mally

4 y

PVT (Join to see) I was going to comment almost exactly what SFC Boyd wrote. HE saved me a lot of time and effort. However, I will add to what he said that the best advice for YOU is to steer clear. If you try to advise these battle buddies, you will likely be giving bad advice. This could not only hurt them, it could hurt your relationship with them. Additionally, inserting yourself into the situation will not be appreciated by anyone, and you may find yourself answering questions you had no need to be answering, and under scrutiny you neither wish for, nor needed.

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Sgt (Join to see)

4 y

PVT (Join to see) Excellent advise has been offered by SFC (Join to see) and SFC Casey O'Mally. I recommend that you follow their advice.

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MSgt (Join to see)

4 y

Agreed, not your problem so stay out of it.

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Sgt (Join to see)

Posted 4 y ago

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