Can getting a sunburn really get you an article 15?

2019-03-26T00:11:24-04:00

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.

Response by SFC George Smith made Mar 26 at 2019 12:16 AM

2019-03-26T00:16:06-04:00

That's A New One On Me... I Used To Burn One Day And Peel The Next, When We Were In Haiti … PI... Thailand And Australia … And We Never Worried About It... It May Be Different Now

Response by SFC Melvin Brandenburg made Mar 26 at 2019 12:38 AM

2019-03-26T00:38:57-04:00

I saw it happen with a soldier when I was on active duty. The soldier was instructed multiple times, was counseled, provided sunscreen, and still continued to get sunburns. The final straw came when he burned so bad, he got a temporary profile that kept him from going to the field. If we don't take reasonable precautions to maintain our readiness, then, we should have to deal with the consequences. I mean, would you really want to deploy with a guy who didn't care enough about the people around him to remain mission capable, especially when doing so is too easy.

Response by 1SG Private RallyPoint Member made Mar 26 at 2019 12:48 AM

2019-03-26T00:48:52-04:00

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.

Response by CSM Charles Hayden made Mar 26 at 2019 1:29 AM

2019-03-26T01:29:49-04:00

If you can’t perform your duties - would command see that as a problem?

Response by MAJ Byron Oyler made Mar 26 at 2019 2:12 AM

2019-03-26T02:12:12-04:00

Remember two things about article 15s, 1) It takes an officer in command to sign it and 2) both that officer and soldier receive counselings from legal.

Response by CSM Darieus ZaGara made Mar 26 at 2019 5:29 AM

2019-03-26T05:29:58-04:00

If anything you do affects your lack of ability to perform your duties you are subject to counseling or greater. Thank you for your service.

Response by MSG Private RallyPoint Member made Mar 26 at 2019 8:45 AM

2019-03-26T08:45:21-04:00

It would be more about causality and effects. Would the sunburn keep you from wearing your uniform(s) properly? Could the sunburn keep you from performing your duties? Going to the field? Yes, you say you wear it religiously but you also say that you got warned by an NCO that you need to wear sunscreen. If you are ordered to wear it, you don't and get a sunburn, then you could face an Article 15 for Failure to Follow Orders.

Response by MSG Private RallyPoint Member made Mar 26 at 2019 9:19 AM

2019-03-26T09:19:29-04:00

I can see where the article 15 conversation can come to light if you refuse to use sunscreen but if you do, the threat is likely an empty one. Just stay on top of your sunscreen application and protect yourself from UV radiation the best you can. Also practice proper hydration practices! Best of luck to you, SPC Holcomb.

Response by 1SG Private RallyPoint Member made Mar 26 at 2019 9:33 AM

2019-03-26T09:33:12-04:00

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.

Response by CSM Richard StCyr made Mar 26 at 2019 9:45 AM

2019-03-26T09:45:56-04:00

Yes, but the infamous damage to government property due to sunburn wasn't the charge, it was disobeying an order. Several Soldiers on a deployment to Costa Rica building Bailey bridges and roads received summarized article 15s for failure to obey an order because they removed their BDU blouses and T shirts and got severe sun burns on their chests , backs and arms, and one Troop was a heat casualty resulting in limited duty profiles. Their Team and Squad Leader were relieved for cause and spent the remainder of the deployment supervising the poo crew.

Response by SGM Steve Wettstein made Mar 26 at 2019 9:53 AM

2019-03-26T09:53:20-04:00

It's not getting the sunburn that can get you an Art 15. It's if you miss duty because of the sunburn that would et you an Art 15.

Response by SSG Brian G. made Mar 26 at 2019 10:20 AM

2019-03-26T10:20:09-04:00

I've heard of this but never actually seen it. Barring a regulation that proves me wrong, you cannot get an AR 15 for getting a sunburn. That said, if an officer or NCO gives you an order ie "specialist be sure to wear sunscreen and do not remove your blouse while on detail" and you fail to follow those lawful orders then you can be given an AR 15.

Getting sunburn is just one of those hazards of living and being active. Do you get an AR 15 for suffering GERDS after eating spicy food? Or an AR 15 after suffering an injury after doing PT? No. Same here.

Response by SSG Ralph Watkins made Mar 26 at 2019 11:29 AM

2019-03-26T11:29:41-04:00

Our Army battalion command in Iraq threatened us with this. We gave them hell right back. Battalion was supposed to be the ones supplying their companies with sun screen & they weren't. We were in an area where the PX didn't have any sun screen either. Even the Marines were in short supply. When we threatened to talk with Brigade over the battalion's failings, the BC & CSM shut up. Commands & leaders should be checking on their people & making sure they have what they need. Yes, even sun screen.

Response by LtCol Robert Quinter made Mar 26 at 2019 1:10 PM

2019-03-26T13:10:00-04:00

You can be charged with violation of Art 92 and considered during an Art 15.
Article 92 of the Uniform Code of Military Justice is "Failure to Obey an Order or Regulation" (Written or stated). It is considered a dereliction of duty when unable or unwilling to perform the job assigned to military personnel. Such examples would be as simple as sleeping while on duty or watch / sentry, drunken or self-injury to the point of unable to perform his/her duties, and as harsh as shooting oneself to get out of required duties, deployments, or other elements of the job. Also, performing one's job in such an error that innocent non-combatants or one's own troops get injured or killed can be a dereliction of duty.

All flight students were briefed on this in detail while at Pensacola since they had had students go to the beach and not be able to meet the flight schedule because of sunburn. Same situation with scuba diving since going to altitude aggravated the potential for the bends,

Response by MAJ Private RallyPoint Member made Mar 26 at 2019 1:54 PM

2019-03-26T13:54:43-04:00

An NCO shouldn’t be threatening you with UCMJ since he/she can only recommend to the Commander for Action. Unless the Commander tells you he/she will give you an Article 15 I wouldn’t worry about it. It’s a hollow threat.

Response by MSG Private RallyPoint Member made Mar 26 at 2019 1:59 PM

2019-03-26T13:59:13-04:00

While I was active duty I got sunburned so bad one time I was on quarters for 4 days. Didn't even get counseled.

Response by PFC Elijah Rose made Mar 26 at 2019 2:27 PM

2019-03-26T14:27:10-04:00

I once heard of that happening years back, through a civilian speaking for a friend.
I'd be more concerned that your bosses are managing people through the use of threats and potentially draconian punishments. That isn't discipline, that's an extremely petty reign of terror.

Response by SGT(P) Private RallyPoint Member made Mar 26 at 2019 2:52 PM

2019-03-26T14:52:52-04:00

You can be written up for yes. Destruction of government property. There's a couple more I remember just not the correct wording.

Response by SSgt Joseph Ovady made Mar 26 at 2019 3:01 PM

2019-03-26T15:01:21-04:00

I nearly got In trouble for it. I burn in no time.

Response by SGT Private RallyPoint Member made Mar 26 at 2019 3:19 PM

2019-03-26T15:19:34-04:00

Yes, but I never encountered it actually happening. Also, NCOs can get in trouble if their one of their Soldiers gets an environmental injury on duty (mostly an issue w cold weather)

Response by SFC Private RallyPoint Member made Mar 26 at 2019 6:41 PM

2019-03-26T18:41:11-04:00

Is this a commanders policy? NCOs dont administer UCMJ

Response by CWO3 Private RallyPoint Member made Mar 26 at 2019 8:29 PM

2019-03-26T20:29:23-04:00

misconduct not in the line of duty (not protecting skin while on liberty), assuming you can't fully perform your duties

Response by GySgt Stephen Hogarth made Mar 26 at 2019 9:44 PM

2019-03-26T21:44:51-04:00

An old Gunny's take...

During my career, I saw one Marine get charged (Article 134) for a sunburn.

But this was no ordinary (1st degree) sunburn that may or may not have resulted in peeling later on during the week. I am one of those "lucky" people - I need to get burned in the Spring so that I don't burn later on in the Summer, (ahhh, the 70's and 80's) but I digress...

This poor Marine who received an Article 15 got burned badly; to the point that he got sun stroke (heat stroke). It was a 2nd degree sunburn, complicated by his sun stroke. He required acute medical care, and spent almost two weeks on bed rest while his blisters (he was a walking blister) healed.

So, to answer; no, your typical Saturday afternoon walk in the park sunburn is not NJP-worthy, and neither is a sunburn that you got while on duty. Your leaders should ensure you take appropriate self-protection measures by educating you, not threatening you with NJP for their failure of leadership.

Response by SSgt Bob Mobbs made Mar 26 at 2019 10:32 PM

2019-03-26T22:32:44-04:00

Shortly after being assigned to Albrook AFB, CZ back in 72 I went out for a day on a sport fishing boat. Not being used to the tropical sun (I was from NH) I wore only a sleeveless shirt, cut off fatigues and a baseball cap. I got so sun burned that the next day I was covered in sun blisters and spent 2 days in the hospital. I don't remember getting an Article 15 but I do remember that the 2 days I spent in the hospital was considered "lost time". I didn't get paid for them and, in theory they were added to my enlistment but I reenlisted so it didn't make a difference. I learned to dress a little better the other times I went out on the boats.

Response by LTC William Gilmore made Mar 26 at 2019 11:02 PM

2019-03-26T23:02:18-04:00

If the sunburn interferes with performance of duty, then yes. Can't be punished just because you got a sunburn.

Response by COL Jeff Williams made Mar 27 at 2019 12:43 AM

2019-03-27T00:43:46-04:00

As a commander, unfortunately I had to administer some Article 15 and I am familiar with the different categories, but "immediate Article 15" does not ring a bell. First it implies lack of due process, second, the NCO does not have the authority, and most important, unless he locks you up in a room without windows, he has no way to ensure you don't get a sunburn. I doubt your commander would agree if it were brought before him.

Response by TSgt Denise Moody made Mar 27 at 2019 12:54 AM

2019-03-27T00:54:22-04:00

If an NCO/Officer wants to be a dick they can try to give you an Article 15 for a sunburn if you get one severe enough to prevent you from performing you duty through your negligence. I knew someone who did. He fell asleep on a beach and got so sunburned he was in the hospital.

Response by Sgt William Margeson made Mar 27 at 2019 7:26 AM

2019-03-27T07:26:01-04:00

Yrs ago, 1960 sunburn was grounds for Article 15. I knew one Marine, fell asleep on Onslow beach, Camp Lejuene NC . Needless to say he blistered, and lost more than a week of duty. Loss of 1 rank and $50.

Response by LTC Private RallyPoint Member made Mar 27 at 2019 10:58 PM

2019-03-27T22:58:41-04:00

Yes, if it prevents you from doing your duties.

Response by SFC John Ellis Sr made Mar 28 at 2019 9:08 AM

2019-03-28T09:08:53-04:00

I nearly did in 1974 but got the burn on my off duty time and the the thing that saved me was I went to sick call but did not miss any work even with 2nd deg burns, fortunately I worked in supply and could sit at my desk and gl;ow.

Response by MSG Danny Mathers made Mar 28 at 2019 7:27 PM

2019-03-28T19:27:58-04:00

Yes you can get an ART15 for a sunburn if it requires medical attention and the commander has reason to suspect neglience. I had a soldier once rub cooking oil on at the beach. This terminal stupid attack got him in the hospital and an ART15 uppon release. Soldiering requires common sense concerning sun exposure. There are degrees of sun burn and if you get a severe one, you better have an air tight excuse. NCOs can only recommend UCMJ action. However, if he had given you a lawful order and you did not comply, the commander has UCMJ authority.

Response by CPT William Jones made Sep 27 at 2019 3:19 PM

2019-09-27T15:19:28-04:00

The first thing with an injury would be a line of duty investigation to see if your injury is your fault answer yes or no. If no nothing happens. If yes you could be liable for treatment and maybe art 15 or court martial.

Response by SPC John Tacetta made Aug 11 at 2021 11:11 AM

2021-08-11T11:11:41-04:00

We got this exact warning while training in Panama. It was made clear that this would happen if you got a sunburn while off duty that would keep you out of the field. The gist of it is that you're given a direct order to stay out of the sun while off duty.

Of course it was the middle of winter stateside and who could resist some sunbathing. As Top had said ,the sun is STRONG in Panama and I got a nasty sunburn. Never got the Article 15, but I sure regretted my sunbathing as I humped through the jungle! Lesson learned.