Can an Article 15 be transferred from one commander to the next?

SGT Private RallyPoint Member — Mon, 23 Mar 2015 10:41:16 -0400

If a Soldier on Rear Detachment, gets recommended for and article 15 by the Rear D Commander who has (assumption of command orders), but as soon as the actual anger comes back, the officer who initiated the Article 15 has changed units and is no longer in the campany, Can the Soldier still receive that article 15?

Response by MSgt Allan Vrboncic made Mar 23 at 2015 10:56 AM

MSgt Allan Vrboncic — Mon, 23 Mar 2015 10:56:55 -0400

If the Article 15 has already submitted, yes it will transfer because it is on you, not the Commander.

Response by SGT Nia Chiaraluce made Mar 23 at 2015 10:59 AM

SGT Nia Chiaraluce — Mon, 23 Mar 2015 10:59:33 -0400

I have seen it happen two ways. I have seen TDS and legal require the soldier be read again and paperwork redone especially if the soldier is pending chapter, however, if it was a company gradde or lower I have seen new commanders give second chances situationally.

Response by SFC Private RallyPoint Member made Apr 16 at 2015 10:59 PM

SFC Private RallyPoint Member — Thu, 16 Apr 2015 22:59:14 -0400

The answer is yes. Having been Rear D, we ran into this situation several times. The infraction is still valid, legal will change the signature block of the commander and proceed. As long as the incoming commander agrees with the reasons for NJP, the action will go forward.

Response by SSG Richard Reilly made May 1 at 2015 1:51 PM

SSG Richard Reilly — Fri, 01 May 2015 13:51:34 -0400

Any commander can punish you for violation of the UCMJ. Current and preceeding. However the current has the choice not to, and only recieves a recommendation form the previous.