Can your 45 days of extra duty be reset if you’re late one time?

2019-07-27T10:41:09-04:00

I’ve done 32 days of extra duty and one day I showed up late because I couldn’t get back in time to make it, even though I notified my chain of command. My dog had died two days prior and I needed to take him to get cremated which was why I was late. Now they’re resetting my days and well, you know how that is. I’d appreciate any advice.

Response by LTC Kevin B. made Jul 27 at 2019 10:53 AM

2019-07-27T10:53:10-04:00

I don't think they can do that. Unless they give you another Article 15 (for being late), I don't see how they have the legal standing to "reset" your extra duty. That essentially gives you 77 days of extra duty for the initial offense, which is beyond the scope of a field grade article 15. Plus, that could be viewed as "double punishment", where a punishment (even a portion of it) may not again be imposed for the same offense under Article 15. I'd consult with Legal for an official opinion on that.

Response by MSG Private RallyPoint Member made Jul 27 at 2019 10:53 AM

2019-07-27T10:53:31-04:00

Resting your days? As in starting you over from square one day one of 45 days?

Response by COL John McClellan made Jul 27 at 2019 10:59 AM

2019-07-27T10:59:56-04:00

I agree with LTC Broom - 45 days of ED must have been part of a non-judicial punishment at the field grade level - battalion or higher. It's part of a sentence and can not be "reset" without anew charge being filed. You should proceed carefully, and get the facts.

Response by 1SG John Baize made Jul 27 at 2019 11:49 AM

2019-07-27T11:49:36-04:00

Go to JAG

Response by MSG Danny Mathers made Jul 27 at 2019 2:06 PM

2019-07-27T14:06:35-04:00

The Army used to have Correctional Custody Camps which was also called School of the Soldier. The 197th Inf Bde at Fort Benning had one on Kelley Hill. Soldier cound be sent there by their commander with or without ART15s. It was desighned to motivate Soldiers and keep them out of the stockade or UCMJ. I had to escort many Soldiers from both the stockage and CCC to the hospital and other admin places on post. You were always armed when escorting a prisoner. CCC Soldiers, no arms. Every Soldier I had that been through Correctional Custody were highly motivate after they went back to the platoon.

Response by SGT Chris Stephens made Jul 27 at 2019 4:39 PM

2019-07-27T16:39:13-04:00

I agree with everyone else in that you need to go see SJA. Also consider that extra duty can't last longer than 60 days, per the regulation. So, whoever is saying it is restarting is breaking the regulation from that angle as well.

Response by CAPT Kevin B. made Jul 27 at 2019 7:29 PM

2019-07-27T19:29:13-04:00

The tribe says see JAG. Make sure you are focusing on the right thing. Absent a regulation, policy, process, or whatever, an administrative event can be punished and repunished. It's a morale killer and a trash leadership action. If there isn't the aforementioned basis, IG can't help because you can't claim improper action if there's nothing to bounce it against. People forget that Constitutional protections don't apply to administrative actions. That's why "Taking the Fifth" is grounds for termination. It's been a while, but I recall many of the accused protections had to be incorporated into the regulations precisely because military law is a different animal. Bottom line, you are looking for written guidance from a governing authority, NOT local Barney Fife opinion. If JAG opinion only, standby for something that you might not like as JAG is there to service the Command, not individual SMs. One thing having a lender out in town trying to beat you up. Another thing when it's between you and the Brass.

Response by SGT Javier Silva made Jul 28 at 2019 12:20 PM

2019-07-28T12:20:49-04:00

TALK TO JAG! That is what they are there for. You can request to go to JAG during your normal duty day. DO NOT take anything said here as solid in stone. The only legal advice you need to get is by JAG.

Response by SFC Ralph E Kelley made Jul 29 at 2019 11:52 AM

2019-07-29T11:52:11-04:00

Like you described - Not a chance. They can give you another Article 15 or validate (I think that's the term) any other punishment, such pay not taken from a married person.
Answer a couple of questions please:
Did your Chain of Command approve the trip? At which level approved it? Was your CO (the one who read the Article 15) made aware before you were approved? Did you tell your immediate (or his immediate) supervisor, JAG or IG about what's happening?