Can a FG Article 15 be reversed after a year?

SPC Private RallyPoint Member — Wed, 13 May 2020 23:39:07 -0400

GOT MAXED WITH NO EVEIDENCE OF ME DOING ANYTHING WRONG. WHAT DO YOU THINK?
- SOLDIER GOT A DUI
- SOLDIER WAS AT THE SAME BAR AS ME
- SOLDIER SAID I TEXTED HIM TO GO OUT.
- SOLDIER SAID I TEXTED HIM TO SAY I WAS NEVER WITH HIM
- NO PROOF OF ANY OF THIS IN MY ARTICLE 15 PACKET
- CHARGED ME WITH FRAT ON 2 CHARGERS OF TEXTING THIS SOLIDER.
- INVESTIGATING OFFICER WAS MY COMPANY XO.
- BC SAID I KNOW YOU DID IT "MAX".

WHAT ARE YOU'RE THOUGHTS?

Response by SPC Private RallyPoint Member made May 13 at 2020 11:41 PM

SPC Private RallyPoint Member — Wed, 13 May 2020 23:41:36 -0400

I was deployed at the time of the reading, but not at the time this all happened.

Response by SFC Private RallyPoint Member made May 14 at 2020 12:33 AM

SFC Private RallyPoint Member — Thu, 14 May 2020 00:33:41 -0400

If you were innocent you had the opportunity to take it to Courts Martial and prove your innocence.
Non-judicial punishment is just that - non judicial. It grants the administrator the latitude to make a judgment call they feel best serves the purpose of good order and discipline.

Response by 1SG Dennis Hicks made May 14 at 2020 6:32 AM

1SG Dennis Hicks — Thu, 14 May 2020 06:32:46 -0400

As someone who has been on both sides of the desk I can say you signed and a year later or a month later won't change that. So you are saying you drank during a deployment while Gen order# 1 was in effect? I have seen Soldiers who received UCMJ NJP say things that caused them to get additional punishment because the things they said were also violations.

Response by SSG Private RallyPoint Member made May 14 at 2020 9:09 AM

SSG Private RallyPoint Member — Thu, 14 May 2020 09:09:23 -0400

Standing Policy: If Anyone Junior to me was around they left or I did. I have seen NCOs go down in flames.

You probably had the JAG right out of Law School

As SFC Boyd and 1SG Hicks said "You signed it no take backs."

Response by SFC Robert Walton made May 14 at 2020 9:47 AM

SFC Robert Walton — Thu, 14 May 2020 09:47:11 -0400

I hate to be the burst the bubble guy here but i think some of the story is missing. What was the rank of the other Soldier?
How did you get back from the bar?
Why would said Soldier try to get you involved? Did you do something to make SM want revenge?
Was all the information erase from Soldiers phone?
I would think that if they based charges on texts they would have been smart enough see the proof on the phone or not used it as evidence, Have you had prior problems while in this unit?
Did you know the SM was at that bar?
The way you wrote this plus the response to 1SG. Hicks you make it sound like the whole COC up to then BC just fast tracked you. Again if that was the case why did you not take it to a Courts Martial rather than take a rail road job? JMTC

Response by MSG Private RallyPoint Member made May 14 at 2020 10:40 AM

MSG Private RallyPoint Member — Thu, 14 May 2020 10:40:59 -0400

There are so many aspects of this situation I feel is missing. But to make sure I am understanding this correctly:

1) A DUI happened prior to MOB
2) An investigation was initiated.
3) 3 months later, you are In Country and read the Article 15
4) You didn't request trial by Court Martial or seek legal assistance that you are allowed to do per regulations
5) You chose to accept the Article 15.

That sum it up?

Now, as for vacating/appealing your FG Article 15...if it has been a year, then you cannot appeal it. Not anymore. To appeal, you have to file an appeal within 5 days of imposition of the Article 15.

Response by CSM Darieus ZaGara made May 14 at 2020 11:27 AM

CSM Darieus ZaGara — Thu, 14 May 2020 11:27:21 -0400

As you say they had no evidence, you have nothing to the contrary a year later. Your chance was to request a Court Martial. There is a lot missing as identified by others. You have no chance of getting the FG vacated.

Response by SPC Private RallyPoint Member made May 14 at 2020 11:52 AM

SPC Private RallyPoint Member — Thu, 14 May 2020 11:52:40 -0400

Okay I'm away from the reversing statement now I'm just curious on how yall think its okay for them to charge me with something that they couldnt prove to be true. I shouldn't have to prove I'm not guilty if they can't prove I am. Thats what blows my mind.
Like if I had stolen something from somewhere and they said we know u stole it we can't prove it but we know u did u guilty of theft haha okay
Now if when he was reading my charges and they said here we have a list of ur texts with this soldier and here it says u did invite him out. Okay u got me red handed no doubt but that wasn't the case.

Response by LTC Private RallyPoint Member made May 14 at 2020 1:39 PM

LTC Private RallyPoint Member — Thu, 14 May 2020 13:39:34 -0400

Something sounds fishy. I've been in 36 years and I've never seen anyone charged with fraternization for simply inviting a lower ranking soldier to go to a bar, unless it was a senior NCO or an officer and lower enlisted. But an E5 and a SPC or PFC, never. If what you are saying is true, it sounds like a set up. It sounds like you are claiming that they let him off with zero punishment for a DUI in exchange for him framing you for frat. Something doesn't add up. No Commander I've ever known would overlook a DUI just because the guy threw someone else under the bus.

Response by SFC Robert Walton made May 16 at 2020 10:03 AM

SFC Robert Walton — Sat, 16 May 2020 10:03:20 -0400

I personally think your Trolling everone.

Response by LTC Private RallyPoint Member made Jun 22 at 2020 7:15 PM

LTC Private RallyPoint Member — Mon, 22 Jun 2020 19:15:18 -0400

I've never heard of a Field Grade Article 15 going away after a year. If you feel that the UCMJ punishment was not reflective of the charge, you can appeal to the higher level command in a written statement (usually within 30 days I believe). Say if it's a Battalion level Art. 15, then the Brigade Commander would be the reviewing authority.

If this is your first Art. 15 I believe this can go in your restricted file, especially if you don't get any more Art. 15s. Not sure how this can be done, best bet is after all the Art. 15 penalties are over, you can contact the Staff Judge Advocate on base or at the BDE level or higher to see if this can be placed in your restricted file for promotion purposes.

In your written statement you should provide facts of your case, if any. If you'd like any punishments removed or reduced (confinement to base, any $ withheld, extra duty). If this is your first Art. 15 then they'll likely reduce or eliminate certain UMCJ punishments. You never know what they will do unless you request it.