If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record?

SFC Private RallyPoint Member — Thu, 01 Oct 2015 09:34:09 -0400

If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? If so, where? Additionally, what effect could this have on the NCO's chances of being promoted at a centralized promotion board? No barracks law, please. I have heard so many possibilities. Even the local legal office differs in opinion, depending on who you talk to. Thanks in advance.

Response by MSG Private RallyPoint Member made Oct 1 at 2015 9:50 AM

MSG Private RallyPoint Member — Thu, 01 Oct 2015 09:50:31 -0400

SFC Pelley, perhaps HRC can answer that one. But if JAG has different opinions, who knows what HRC would say. Quite the pickle.

Response by Sgt Aaron Kennedy, MS made Oct 1 at 2015 9:50 AM

Sgt Aaron Kennedy, MS — Thu, 01 Oct 2015 09:50:43 -0400

http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/about-article-15.shtml

On the USMC side, it was an administrative action, so it was "recorded" but non-punitive, so in essence, just something that occurred. Just like a p11 entry (which could be positive, negative, or neutral), but on your p12.

Based on the site provided the Commander has the option of deciding how it is recorded though, as it is Field Grade. He can choose to make it permanent, or treat it like Summarized (disappears after two years or PCS/PSA). Either way, as it is a "neutral" entry, it should have no bearing on boards, however "should" and "will" are two different things.

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Response by LTC Stephen F. made Oct 1 at 2015 11:07 AM

LTC Stephen F. — Thu, 01 Oct 2015 11:07:25 -0400

SFC Private RallyPoint Member I had two Article 15's. The first was as a PV2 in 1975 which was recorded in my open records. The second one was from a MG while I was a 2LT. That one was placed in my restricted records which are restricted for many situations but not all.
As a company commander I administered article 15 proceedings in the 1980's.
As you will note, even though I had two Article 15's I was promoted to Captain. I received a bad OER from the BG who was aware of my 2nd Article 15 - the bad OER was not directly related to the Article 15.
I am stating this because the most important aspect towards promotion is the NCOs' record of performance of duty especially periodic evaluations and recommendations from his/her leaders.
The critical thing is that whoever is rating this NCO for the period when the Article 15 proceeding occurred should not consider the Article 15 in his/her efficiency/evaluation review [NCOER if that is still a valid term]. If anything about that incident is included in the NCOER the NCO should challenge the NCOER.
I was passed over many times for promotion. It took recommendations from three Flag Officers for the promotion board to select me for LTC a month before mandatory separation. That promotion enabled me to be in to support the war efforts after 9-11-2001.

Response by MAJ Private RallyPoint Member made Oct 1 at 2015 11:11 AM

MAJ Private RallyPoint Member — Thu, 01 Oct 2015 11:11:42 -0400

An NCO's GUILTY proceedings may be filed in either the restricted or performance OMPF records. I have never heard of not-guilty being uploaded, not guilty Court Martial Orders can be placed in the restricted folder.

AR 600-37 "Unfavorable Information" 3-3a. lists Records of courts-martial, CM orders, and nonjudicial punishment can be placed in your record. (from that sentence it seems the imposing commander may choose to record the proceedings) The regulation says records and doesn't mention anything about validated or guilty. Seems to be that a commander could place the non-guilty proceedings into your OMPF. I hope someone can show that I am wrong as this is weird and probably unintended.

There may be EO policy requiring placing the evidence in the restricted portion if you were charged of sexual misconduct, or similar infraction and there wasn't enough evidence. (this statement is barracks lawyer)

Response by SGM Steve Wettstein made Oct 1 at 2015 1:35 PM

SGM Steve Wettstein — Thu, 01 Oct 2015 13:35:25 -0400

SFC Private RallyPoint Member From your statement they wouldn't be given a Field Grade Art. 15 since they are found not guilty and it would stop right there.

Response by 1SG Private RallyPoint Member made Oct 1 at 2015 2:40 PM

1SG Private RallyPoint Member — Thu, 01 Oct 2015 14:40:48 -0400

The Article 15 itself will go away if the investigation found the charges without merit. The Commander should make a finding and that should be the end of it. A centralized board would never see it.
I think the risk is by second order effect.
The Soldier's reputation will suffer as a result of this incident.
Reputation issues affect things like evaluation reports, recommendations for award, and other positive actions.
It isn't fair, especially if the NCO didn't do the deed. I note the difference between "not guilty" and "innocent".
The best thing the NCO can do is go out and perform his duties admirably. He needs to overcome this business by proving that he is a quality professional.

Response by SPC Keith Baum made Oct 1 at 2015 7:35 PM

SPC Keith Baum — Thu, 01 Oct 2015 19:35:23 -0400

http://www.legalshieldassociate.com/info/kebaum check my info out.. Thx

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Response by LTC Private RallyPoint Member made Oct 6 at 2015 3:19 PM

LTC Private RallyPoint Member — Tue, 06 Oct 2015 15:19:57 -0400

No, the record would not be filed. If an Article 15 results in a finding of not guilty the DA Form 2627 is required to be destroyed. See AR 27-10, paragraph 3–18(k).

Response by CPT Private RallyPoint Member made Oct 6 at 2015 4:03 PM

CPT Private RallyPoint Member — Tue, 06 Oct 2015 16:03:43 -0400

I am a JAG and have only ever experienced a Commander finding a Soldier entirely "Not Guilty" at Article 15 one time. When that happened, we made a copy for the files in our office (which we typically kept at that time for two years) and the Commander made a copy to keep for his personal records, and that was that. Nothing ever left the Company.

Response by SFC Private RallyPoint Member made Mar 1 at 2016 6:25 AM

SFC Private RallyPoint Member — Tue, 01 Mar 2016 06:25:43 -0500

Update on this situation: after much research and debate, it was determined that the ART 15 would be shredded and would go nowhere. A little background on this case- the original complaint was brought due to a positive urinalysis. It was investigated and found to be purely accidental ingestion of on of the SM's family members meds (very low dosage, non opioid). What we did do for the SM was to write a MOR for his records from the commander, to have in case it was ever brought up by a future chain of command after a review of ASAP records. Thanks for all who had input.

Response by MSgt Private RallyPoint Member made Mar 1 at 2016 12:11 PM

MSgt Private RallyPoint Member — Tue, 01 Mar 2016 12:11:02 -0500

If the Art 15 is unfounded or the soldier is not found guilty of the charges the Art 15 should not be in their service record. Not sure of the form to fill out, but there is one and once it is filled and submitted the Art 15 is supposed to be pulled.

The problem the soldier would face is the issue with the Black Chevron Mafia and their ability to spread rumors all over the world.

Response by MSG Private RallyPoint Member made Aug 14 at 2016 4:09 PM

MSG Private RallyPoint Member — Sun, 14 Aug 2016 16:09:45 -0400

It depends on how the Article 15 was filed. http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm
The Commander will put on their recommendation. Junior Enlisted are given the greatest leniency towards filing procedures. Although leniency occurs, having a Field Grade Art 15 usually involves the BN CDR or higher and can bring a lot of variables that affect promotion. Centralized promotions will not be affected other than the Commander or 1SG decide that the Soldier deserves more time to "prove" him/herself to earn the right to go to the board, especially if they are going to put that Soldier back in front of the CDR/CSM who just administered the Art 15 (the CDR administers, but don't assume the CSM is not supporting the CDR decision). UCMJ does not require a "guilty" because it is very subjective and does not require the same standards as judicial court. In a nutshell, Article 15 only needs to be circumstantial and does not require hard evidence (testimonials are sufficient).

ARTICLE 15 FACT SHEET

This fact sheet contains detailed answers to common questions concerning Article 15s, sometimes called non-judicial punishment. This fact sheet is not intended as a substitute for speaking with a defense attorney. Any soldier who is read a company or field grade Article 15 has an absolute right to consult with a defense attorney before deciding whether to accept the Article 15. What is an Article 15 and why is it sometimes called non-judicial...

Response by 1stSgt Eugene Harless made Aug 14 at 2016 4:54 PM

1stSgt Eugene Harless — Sun, 14 Aug 2016 16:54:27 -0400

In the USMC Art 15 was pretty much "Bring the guilty bastard in here". It was pretty much a general understanding by the Marine that he was guilty and to just take his medicine. The Page 12 and Restriction EPD papers were already typed up. I never saw a CO find someone not guilty. If something was amiss Usually the 1st Sgt would get to the bottom of it well before hand and rip the charge sheet up and recommend another course of action like a page 11 or a NCO counseling.

Response by LT Terry Lober made May 19 at 2018 8:07 PM

LT Terry Lober — Sat, 19 May 2018 20:07:46 -0400

NO. A finding by the CA of innocence means the Art 15 never sees your 201 file.

Response by LT Terry Lober made Dec 11 at 2018 11:59 AM

LT Terry Lober — Tue, 11 Dec 2018 11:59:52 -0500

A NJO that is dismissed cannot be placed in your SRB. Read the regs.

Response by SSG Jeffrey Harper made Feb 2 at 2019 9:17 AM

SSG Jeffrey Harper — Sat, 02 Feb 2019 09:17:36 -0500

First of this is BS! The Army always does this! Found not guilty which means they didn’t do what they was accused of!! Now he has lost rank, money is career is over! BS!!

Response by SFC Ernest Thurston made Aug 11 at 2019 10:29 AM

SFC Ernest Thurston — Sun, 11 Aug 2019 10:29:05 -0400

Not being sarcastic, but if you don't want any barracks lawyers and you want to find out the facts, go see JAG. You might want to talk to you PAC NCO. They can tell you what goes into your record. Just from my experience as an MP investigator, I will tell you that if it was a criminal offense and it was reported to the MPs, it went on the MP Blotter the original offense will stay there forever but there will be an amended Blotter entry correcting the facts. It's like everything else in life these days if it gets on the internet it never dies. Sorry. It should not affect your promotions but you may have to explain it to the board.

Response by CPT William Jones made Apr 26 at 2020 1:15 PM

CPT William Jones — Sun, 26 Apr 2020 13:15:46 -0400

I would think an Art 15 offered then Commander finds the Sm not guilty of the offenses would be the same as charged in a court of law and found not guilty. Might even be as simple as destroying all the paperwork. But there is a time limit as to how long art 15 papers stay in file and they must be remove at the end of that period.

Response by SGT Gary Williams made Apr 16 at 2022 9:55 AM

SGT Gary Williams — Sat, 16 Apr 2022 09:55:17 -0400

SFC Pelley,
I was a Personnel Records Sergeant from 81-90 with my last assignment was at USARPERCEN, when it was in St Louis. Now, the Regs have changed since 90, but I can offer you whatI remember and where you can look up the appropriate regulation to confirm or learn.
When an Article 15 has been adjudicated, yes it goes into your personnel file. The key to that is the findings of that article 15. The findings determine how long it stays in your file. Please see the link I have provided so you can see for yourself how long a “Not Guilty” finding stays in your record.
Furthermore, if your chain of command and promotion boards do not take the time to fully research a potential NCO promotions then the system has deteriorated severely since I got out. CPB, if that document is still in your file when reviewed, will see the NG and immediately refer to your last 3 NCOERs ( or they should). NCOERs always confirm the promotion potential of an NCO.
I hope this helps you Sarge, and God Speed!!

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_104.pdf

r600_8_104.pdf