Posted on Mar 26, 2019
Can getting a sunburn really get you an article 15?
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Got warned (again) by an NCO that I will get immediate article 15 if I get sunburn. I wear sun block religiously and am one of the few Caucasian soldiers that have not burned yet. I have never heard or found evidence of a soldier getting an Article 15 for damaging government property via sun burn.
Posted in these groups: 
Article 15
UCMJ
Article 15 UCMJ
Posted >1 y ago
Responses: 33
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Ask the NCO what Article of the UCMJ (state version since you are ARNG) would apply.
This is a very, very old, IMNSHO, BS claim made by NCOs who repeat things they heard that sounded tough. If that were the case, Soldiers who get injured playing sports would, likewise, get Art 15s.
You are not military property, so a sunburn wouldn't damage military property.
If you exercise reasonable precautions to mitigate an injury, which a sunburn may be considered if severe enough, there is no violation of the UCMJ that I see. If you injured yourself due to, for example, and alcohol related incident (DUI and crash), it would generate a line of duty investigation for a determination of whether the injury was "in line of duty."
Considering comments such as these by NCOs triggers a smarta$$ response from me, I'd offer that the supervising NCO would be at a greater risk for failure to ensure you didn't get a sunburn, especially if that NCO didn't include it in the risk assessment for the training. (That was sarcasm before anyone loses their mind).
Wear sunblock of the highest SPF recommended; limit your exposure as much as the mission, training, and uniform permit; and, hydrate.
I will add that the use of sunblock shouldn't be limited solely to Soldiers with lighter complexions. As a DS, I had every Soldier apply sunblock in the morning and after lunch, especially during late spring and summer (Alabama). This was especially necessary during range week, as the back of your neck seems to be more exposed when on the range. A neck sunburn can be quit irritating with the old LCE rubbing on it. I'm sure current equipment does the same.
This is a very, very old, IMNSHO, BS claim made by NCOs who repeat things they heard that sounded tough. If that were the case, Soldiers who get injured playing sports would, likewise, get Art 15s.
You are not military property, so a sunburn wouldn't damage military property.
If you exercise reasonable precautions to mitigate an injury, which a sunburn may be considered if severe enough, there is no violation of the UCMJ that I see. If you injured yourself due to, for example, and alcohol related incident (DUI and crash), it would generate a line of duty investigation for a determination of whether the injury was "in line of duty."
Considering comments such as these by NCOs triggers a smarta$$ response from me, I'd offer that the supervising NCO would be at a greater risk for failure to ensure you didn't get a sunburn, especially if that NCO didn't include it in the risk assessment for the training. (That was sarcasm before anyone loses their mind).
Wear sunblock of the highest SPF recommended; limit your exposure as much as the mission, training, and uniform permit; and, hydrate.
I will add that the use of sunblock shouldn't be limited solely to Soldiers with lighter complexions. As a DS, I had every Soldier apply sunblock in the morning and after lunch, especially during late spring and summer (Alabama). This was especially necessary during range week, as the back of your neck seems to be more exposed when on the range. A neck sunburn can be quit irritating with the old LCE rubbing on it. I'm sure current equipment does the same.
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Some basic truths:
An NCO can order you to be in the sun.
An NCO can order you to wear sunscreen.
An NCO can not order you to not have negative effects from the first two orders and is in fact responsible for any injuries you incur in the course of carrying them out.
Your responsibility is taking necessary precautions, like wearing PPE and sun dope. His responsibility is to take care of you and making sure necessary risk control measures are in place.
Bottom line: no, you are not getting an A15 from a sunburn, unless you are violating an order.
An NCO can order you to be in the sun.
An NCO can order you to wear sunscreen.
An NCO can not order you to not have negative effects from the first two orders and is in fact responsible for any injuries you incur in the course of carrying them out.
Your responsibility is taking necessary precautions, like wearing PPE and sun dope. His responsibility is to take care of you and making sure necessary risk control measures are in place.
Bottom line: no, you are not getting an A15 from a sunburn, unless you are violating an order.
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Lt Col Paul Maxwell
That was the only time I ever saw this issue form up... when “recreational sunburns” incurred on weekends/off duty, impacted ability to perform duties on Monday, so to speak. In other words, similar to a hangover, sunburn impairment is usually avoidable, and if you are unable to perform/report for duties because of avoidable “illness”..there are consequences NEVER saw a “duty related” sunburn yield punishment... to include during my time at Ft Bliss, and all the basic trainees and desert exposure
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1LT (Join to see)
Lt Col Paul Maxwell HOOAH! When first reporting to AIT after basic, my buddy and I put banana boat coconut oil on and hit the pool Sunday. A prior service NCO asked if we just arrived from basic. She recently returned to active duty. We said yes and she warned/advised that we were getting burned and said what would happen up to and including an article 15 if the sunburn interfered with duties and/or wear of the uniform. Monday first formation PLT SGT said looking mighty pink, I said was trying to balance out the stupid farmer's tan. In front of the whole formation we were called out and reminded about art15 and inability to pro-form our duties in uniform due to our negligence in protecting government property. I never got sunburned again. NOT an urban legend! Summer of 1984, Corry station Pensacola Florida. NUG=NEW UGLY GUY
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