Do extra duty days for a FG Article 15 have to be consecutive days?

2016-09-05T22:19:35-04:00

So if a Soldier gets 45 days extra duty, does it have to be 45 days in a row or is the Commander allowed to make it M-F with weekends off, thus extending the days to a later calendar date? Please reference your response.

Response by MSG Private RallyPoint Member made Sep 5 at 2016 11:07 PM

2016-09-05T23:07:31-04:00

No, days may not be broken apart. The days must be served consecutive.

AR 27-10 (5) Extra duties. Extra duties may be required to be performed at anytime and, within the duration of the punishment, for any length of time. No extra duty may be imposed that-
(a) Constitutes cruel or unusual punishment or a punishment not sanctioned by the customs of the Service; for example, using the offender as a personal servant.
(b) Is a duty normally intended as an honor, such as assignment to a guard of honor.
(c) Is required to be performed in a ridiculous or unnecessarily degrading manner; for example, an order to clean a barracks floor with a toothbrush.
(d) Constitutes a safety or health hazard to the offender, or
(e) Would demean the Soldier's position as a NCO or specialist (SPC) (AR 600-20).

Response by SSG Private RallyPoint Member made Sep 5 at 2016 11:20 PM

2016-09-05T23:20:23-04:00

The only authorized way a Soldier gets a break from Extra Duty and it still count toward their days served is if they are on mission and it is logged that the Soldier was on duty the entire time with the exception of sleeping and eating.

I have some personal experience on this one as the Soldier on extra duty.

Response by PO1 Norm Burns made Sep 6 at 2016 7:06 AM

2016-09-06T07:06:53-04:00

While I was on AD in the Navy, it was not uncommon to split up what we called "Extra Military Instruction" out of an Article 15, which we called Captain's Mast, I am not familiar withe an "FG". Example: You are busted for Drunk and Disorderly, and are "awarded" (assigned) 20 days of EMI, to be served on Friday and Saturday nights, assisting the Security Dept in processing drunks, and cleaning up after them. THEN that 20 days would stretch over the period of 10 weeks, if they allowed you to serve on the weekends when you had duty. If not, with 4 duty sections, hence duty every 4th weekend, it COULD stretch out to cover as many as 14, or maybe 15 weeks, depending on when the duty weekends were. There were some who would rather lose a stripe and get a fine, rather than losing that many weekends. They did not get their choice. EMI was to "rehabilitate" the Sailor or Marine, so it had to relate to the offense, and it needed to inconvenience them.

I cannot cite an "authority" in the UCMJ for this, but I was a Watch Commander in the Security Dept, and had to come up with ways that a couple of these guys could serve their time, that was relevant to their offenses. Clearly my experience with Extra Duty is different from SSG Livingston's, perhaps it was the era, as I retired in 1993, and the time I am referencing was in the early 80s.

Response by CSM Private RallyPoint Member made Sep 6 at 2016 9:06 AM

2016-09-06T09:06:49-04:00

The commander can give the soldier weekends and holidays off, but the 45 days starts when the punishment starts... you can't give them 10 days of extra duty each month until the entire 45 days is served (5 months later)

Response by SGT James Colbert made Sep 6 at 2016 9:33 AM

2016-09-06T09:33:41-04:00

thats why they call it "45 45" or "15 15" i never gotvit split up when i did 15 days

Response by CPT Aaron Kletzing made Sep 6 at 2016 9:34 AM

2016-09-06T09:34:08-04:00

Hey, it's good to see SSG Robert Burns showing up in my feed once again! :-)

Response by GySgt Charles O'Connell made Sep 6 at 2016 10:46 AM

2016-09-06T10:46:33-04:00

No, it's NJP, not junior high detention, that's my opinion. But, as a Commander you set the punishment. I think it would set a negative trend, but commanders, command.

Response by Sgt Christopher Wenzel made Sep 6 at 2016 11:09 AM

2016-09-06T11:09:48-04:00

In a row.

Response by FN Charlie Spivey made Sep 6 at 2016 12:24 PM

2016-09-06T12:24:04-04:00

Never heard of that much ED. In the Coast Guard, it was generally 2 weeks coupled with 2 weeks restriction. At sea, you did your ED and the Restriction kicked in when you were in port.

Response by SGM Bill Frazer made Sep 6 at 2016 1:32 PM

2016-09-06T13:32:41-04:00

In 22 yes I never saw an LTC or higher, given any days off for a field grade ART 15. I have seen a couple start ED/ restrictions after holidays, or end the sentence several days early for holidays. After all it is punishment!
I

Response by Cpl Justin Goolsby made Sep 6 at 2016 2:53 PM

2016-09-06T14:53:32-04:00

I don't have a reference, but I've only ever seen it done consecutively since they typically have to check in and out with the duty hut. I don't see why the CO wouldn't have discretion since he's the one who typically lays down the punishment.

Response by SGM Erik Marquez made Sep 6 at 2016 4:09 PM

2016-09-06T16:09:07-04:00

As noted no.. The start of the punishment may be delayed under limited circumstances, but once it starts the days run consecutively. Suspending the punishment is not to be done as a tactic to delay the start for just that, it is done to allow the SM a chance to correct the behaviour that was cause for teh punishment,,and if they do so, the punishment is not enacted. At the end of the punishment suspension time, the action is closed out and no longer can THAT punishment be enacted.

Response by SFC Private RallyPoint Member made Sep 6 at 2016 4:44 PM

2016-09-06T16:44:18-04:00

Recommend you discuss this with your BJA or Senior Paralegal so you get the right answer. My take is "no".

Response by CPO Mike Castro made Sep 6 at 2016 5:36 PM

2016-09-06T17:36:41-04:00

Many navy COs only count in port days. I've seen people who took 8 months to complete 45 days restriction. In a normal 6 month deployment there's a 2 month time period when you don't see land.

Response by SPC Paul Jennings, J.D. made Sep 6 at 2016 6:34 PM

2016-09-06T18:34:14-04:00

10 U.S.C. § 815 is the codified statute for Article 15. The term consecutive is used in regards to imposition of extra duty. Service regulations cannot change or later clearly given statutory guidelines, so any service member assigned extra duty under an Article 15 must serve that extra duty during consecutive days.

Response by SPC Ruth Duffer made Sep 6 at 2016 6:46 PM

2016-09-06T18:46:37-04:00

Did my time !! Rain or shine !! No days off !! Did the crime..paid my time !!!

Response by SFC Pete Kain made Sep 6 at 2016 6:48 PM

2016-09-06T18:48:57-04:00

What part of punishment escapes you?

Response by CPL Anthony Slaughter made Sep 6 at 2016 7:55 PM

2016-09-06T19:55:04-04:00

According to my 1SG when he was briefing a certain young CPL who was about to supervise Extra Duty personnel for the first time: No if ands or buts, doing the crime means doing the time, every night, weekends and holidays, no exceptions.

Response by SSG Mark Franzen made Sep 6 at 2016 10:42 PM

2016-09-06T22:42:50-04:00

Under AR 27-10 Clearly states that you will do it Monday thru Monday 45 days with no days off until the 45 days
are Completed meaning no weekend's. Off.

Response by PV2 Glen Lewis made Sep 7 at 2016 3:12 AM

2016-09-07T03:12:01-04:00

I don't see the lesson in "vacations" from extra duty. I don't know what the regulations say about this but I do think if they allow for that they should be changed.

Response by LCpl Rey Rodriguez made Sep 7 at 2016 11:48 AM

2016-09-07T11:48:25-04:00

45,45, forfeiture of rank and fined that's how they did mine in 1989... never heard of split time.....

Response by CPL Brandon Clarke made Sep 7 at 2016 5:02 PM

2016-09-07T17:02:02-04:00

Consecutive unless disrupted by training/military actions. Then resumes for remainder

Response by SFC J Fullerton made Sep 7 at 2016 5:18 PM

2016-09-07T17:18:11-04:00

I have seen in broken up when there was an FTX during that time. Rationale was that it is not fair to everyone else that the SM got ED credit for being in the field with everyone else. Also seen ED count during FTX's, but the SM got taken to the Field Trains when the PSG went to get evening chow and he spent the night on KP and doing whatever else, then got picked up with morning chow. Not sure that was any worse than doing night maneuvers with the platoon.

Response by SSG Clinton Cunningham made Sep 9 at 2016 3:04 AM

2016-09-09T03:04:59-04:00

That is really up to the commander. Other wise YES! If a soldier gets a FG Article 15, the service member has to do the extra duty consecutive days in a role. Unless there is a field exercise in between doing his/her extra duty, which means that right after the SM will pick up where they left off.

Response by SPC Private RallyPoint Member made Jul 14 at 2017 11:28 AM

2017-07-14T11:28:53-04:00

If a soldier on extra duty has cq. Does the 24hour recovery period after cq terminate the following days of extra?

Response by SPC Private RallyPoint Member made Sep 29 at 2017 6:03 PM

2017-09-29T18:03:46-04:00

What if the SM was hospitalized during the duration of the extra duty, does the SM just resume duty or does the SM have to make up for the days he was hospitalized.

Response by SGT Private RallyPoint Member made Aug 18 at 2018 10:50 AM

2018-08-18T10:50:36-04:00

If a soldier was hospitalized for the remainder of the punishment phase of an article 15, can the command, command the soldier to make up those days that he/she was hospitalized? (Normally once the punishment phase start, there will be a flag code changed and that flag code should have an expiration date and come of the soldiers ERB automatically on that date)

Response by FN Charlie Spivey made Jul 29 at 2019 10:22 AM

2019-07-29T10:22:37-04:00

I remember a couple people getting Article 15s, but they always ended with 14 days Exrtra Duty and 14 days restriction. That meant two weeks and not broken up. At sea, the Restriction was pretty much a moot point, if on Deployment. Just didn't go on liberty at the next Port Call. Now, after we got home from our Vietnam Deployment, you sure didn't want to be looking at two weeks restriction. We were standing 0ne day on and 4 off initially. That is a LOT of liberty in two weeks. We cut back to one day on and 3 off eventually. Extra duty was generally cleaning and stuff that was normally done anyway, or maybe bilge diving for dropped tools. Nothing outside the norm for anybody. The Restriction and Extra duty ran at the same time usually. As I said, at sea the restriction is pretty much a moot point, except you can expect to miss the next port call, even though the two weeks have passed.

Response by CPO Mike Castro made Jul 29 at 2019 5:02 PM

2019-07-29T17:02:01-04:00

Had one CO who didn’t count underway days. One guy went to Mast 4 days before deployment and had 8 days to go when we returned 8 months later

Response by MAJ Ronnie Reams made May 7 at 2022 11:33 AM

2022-05-07T11:33:43-04:00

One and only ART 15 was I was a PFC. Had 2 weeks extra duty supervising the Indigenous KPs. Reported to mess hall when I got off shift, worked graveyard. Got briefed by first cook on the day's activities. Made sure that they performed all their duties properly, were sanitary, operated the equipment safely, kept coffee going etc. I knocked off at 2000, slept 4 hours and started all over again.