Posted on Apr 22, 2018
I received a company grade article 15. I appealed the decision but my appeal was denied. What else can I do to fight the article 15?
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There are some new evidences that may cancel or at least reduce the punishment
Edited >1 y ago
Posted >1 y ago
Responses: 7
Company Grade Article 15s...I know it stings and I hope you've learned from your mistake. Unless I'm wrong, it will not follow you to your next assignment. A Company Grade Article 15 was given to you by your Company Commander. None the less, don't screw up again!
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SFC Christopher Taggart
Since I don't know your situation and the reason why you got the Company Grade Article 15 in the first place, I would go and talk to JAG. Read SGM Frazer's comment too. If you pursue this appeal for the Company Grade Article 15, it could get worse. Just learn from it and keep moving.
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CPT William Jones
You hae a done deal on the art 15 if you sighned it and reviewer declines to change it. Talke to JAG dont do it again and try to do better. Unless Company Commander messed up paperork it is a done deal. Best you can do is make top and company clerk mad by redoing the whole precess because a tee was not crossed or i dotted.
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If you appealed to BN, and got turned down, and you had the new evidence on hand- that just leaves going to JAG. 1. Keep in mind if JAG sees all of it, they could set aside the CO grade and suggest it go to Field grade or higher. 2. Read the Article you were charged under- UCMJ has no 2nd chance, or 3 strikes your out, or mercy written into it- the only help you get is the CO's decision of punish or not and how much. In other words you can be hammered for being 1 minute late to formation just as hard as being hours late.
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CPT Lawrence Cable
Not exactly correct SGM. You only get one appeal for an Article 15, then the choice is trying to get either of the command authorities in the original proceedings to set aside the judgment IF there is new evidence that will exonerate the soldier. Here is the text from AR 27-10. 3-28.
Setting aside and restoration
a. This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by the portion of the punishment set aside are restored. Nonjudicial punishment is "wholly set aside" when the commander who imposed the punishment, a successor-in~ command, or a superior authority sets aside all punishment imposed upon an individual under Article 15. The basis for any set aside action is a determination that, under all the circumstances of the case, the punishment has resulted in a clear injustice. "Clear injustice• means that there exists an unwaived legal or factual error which clearly and affirmatively injured the substantial rights of the soldier. An example of "clear injustice" would be the discovery of
new evidence· unquestionably exculpating the soldier. "Clear injustice" does not include the fact that the soldier's performance of service has been exemplary· subsequent to the punishment or that the punishment may have a future adverse effect on the retention or promotion potential of the soldier. ·
b.
Normally, the soldier's uncorroborated sworn statement. will not constitute a basis to support the setting aside of punishment.
c.
In cases where administrative error results in incorrect entries on DA Form 2627 or DA Form. 2627-1 the appropriate remedy generally is an administrative correction of the form and not a setting aside of the punishment. · · . d. The power to set aside an executed punishment and to mitigate a reduction in grade to a forfeiture of pay, absent unusual circumstances, will be. exercised only within 4 months after the punishment has been executed.
Setting aside and restoration
a. This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by the portion of the punishment set aside are restored. Nonjudicial punishment is "wholly set aside" when the commander who imposed the punishment, a successor-in~ command, or a superior authority sets aside all punishment imposed upon an individual under Article 15. The basis for any set aside action is a determination that, under all the circumstances of the case, the punishment has resulted in a clear injustice. "Clear injustice• means that there exists an unwaived legal or factual error which clearly and affirmatively injured the substantial rights of the soldier. An example of "clear injustice" would be the discovery of
new evidence· unquestionably exculpating the soldier. "Clear injustice" does not include the fact that the soldier's performance of service has been exemplary· subsequent to the punishment or that the punishment may have a future adverse effect on the retention or promotion potential of the soldier. ·
b.
Normally, the soldier's uncorroborated sworn statement. will not constitute a basis to support the setting aside of punishment.
c.
In cases where administrative error results in incorrect entries on DA Form 2627 or DA Form. 2627-1 the appropriate remedy generally is an administrative correction of the form and not a setting aside of the punishment. · · . d. The power to set aside an executed punishment and to mitigate a reduction in grade to a forfeiture of pay, absent unusual circumstances, will be. exercised only within 4 months after the punishment has been executed.
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CPT Lawrence Cable
A couple of other comments for PVC Adams. Since your rank is under E5, records of this Article 15 will go away after 2 years or you PCS to your next post. Non Judicial Punishment is designed to let you screw up and not have it wreck your career if you chose to stay. All of the appeals process and setting aside a AR15 have a pretty tight time constraint, this all has to happen within a 4 month window from the time the punishment was instituted.
I will point out that NJP does not constitute Double Jeopardy if they choose to bring Criminal Charges under the UCMJ.
I will point out that NJP does not constitute Double Jeopardy if they choose to bring Criminal Charges under the UCMJ.
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