Can you be held over at AIT for an article 15 if you are national guard?

2018-09-30T21:08:00-04:00

Obviously I know very little about this process. My husband received an article 15 about 2 weeks ago at AIT for a can of tobacco. He signed it but we haven’t heard anything else about his punsihment. He will graduate in one month and apparently the drill sergeants have mentioned a couple of times to his group “for the ones with article 15s, don’t think you’re getting off the hook it’s just held up and you’ll probably all be held over after graduation”.
I know this sounds whiny, sorry in advance, but since he’s national guard he has a job waiting for him at home and they have a date they are expecting him back to work. I’m worried about their leniency with holding his job longer than the 6 months he’s already been gone. Also, I’ve already bought a one way plane ticket because we were planning to road trip back home. (I know that’s not their concern)
He apparently heard something from someone else about them not being able to hold NG after graduation because you belong to your state at that point?
Thanks in advance for any help y’all!

Response by SGM Private RallyPoint Member made Sep 30 at 2018 9:30 PM

2018-09-30T21:30:00-04:00

Yes, they can. When an Initial Entry Training Soldier from the Guard goes to OSUT, or BCT and AIT, they are on Title 10 orders. The Training Brigade that they are assigned to have Title 10 UCMJ authority over that Soldier. And they can extend the orders he is on to serve out any UCMJ punishment, and they can discharge the Soldier from service entirely.
By law, an employer has to hold a civilian job position for a Reserve Component Soldier for up to five years of deployment and/or extended Active Duty for Training (ADT).
That said, it may very well be that the Drills are just trying to scare the Soldiers and it is likely that the Commander will suspend the punishment phase of an ART 15 for a can of dip.
Still, just be prepared to reschedule that flight.

Response by MSG Frank Kapaun made Sep 30 at 2018 9:31 PM

2018-09-30T21:31:59-04:00

Play stupid games, get stupid prizes.

Response by SSG Brian G. made Sep 30 at 2018 9:49 PM

2018-09-30T21:49:28-04:00

Nope. He is in training and under the training units authority. They can hold him to process that article 15 and there is nothing he nor his employer can do or say about it. Just because he is NG has nothing to do with it all and he received bad advice if someone told him a NG cannot be held after graduation.

My suggestion to you is to see about getting a refund on that plane ticket.

Response by MSG Private RallyPoint Member made Sep 30 at 2018 10:50 PM

2018-09-30T22:50:46-04:00

Normally, when an Article 15 is read by the Commander and signed by the Soldier, any punishment assigned with that Article 15 begins the very day they sign it. Now, unless he received a Field Grade Article 15, his punishment phase is over since you said it was two weeks ago. And once the punishment phase is over....that's it. It's over. The reason why I say this is because per the Regulations, the punishment phase begins the day the imposing Commander signs certain blocks. And that is usually the same day. If the Commander is holding off to sign them, waiting until the last day.....which is a month from now....that's pretty messed up.

But then, this could also be a scare tactic from the Drill Sergeants. Next time you speak with your husband, ask him if he has received and conducted his extra duty.

Response by CSM Charles Hayden made Sep 30 at 2018 11:39 PM

2018-09-30T23:39:42-04:00

That damn Smokeless Tobacco!! Once SFC Krotzer offered me a hit of Cope and those little red ants scurried about my virgin mouth, I have never been the same!

63 years later, I continue striving to avoid those little cans. One may be pictured in this photo from 1978.

Response by SrA John Monette made Oct 1 at 2018 5:49 PM

2018-10-01T17:49:03-04:00

isn't an Article 15 kind of severe for a can of tobacco? why not an LOC or LOR to begin with? I shot a hole in a clearing barrel at my first duty station and got an LOR.