Is an Article 15 warranted if someone comes in from the field for an appointment, only to find out that the clinic is closed?

2021-02-12T11:51:56-05:00

I have a battle buddy that is being given a field grade article fifteen. He and his battle buddy were driven back from the field to an appointment they thought one of them had scheduled. The battle buddy had these appointments every Monday Wednesday and Friday. Due to a training holiday the physical therapy clinic was closed. They did not know that is was going to be closed. Ds is now saying that the battle buddy lied to an NCO about having an appointment. He is also saying that the male that went with him is going to receive an article fifteen for not making sure his battle buddy actually had an appointment. Are either of these articles founded. What is the best advice for them?

Response by SFC Private RallyPoint Member made Feb 12 at 2021 1:19 PM

2021-02-12T13:19:59-05:00

You cannot judge what is or is not a valid UCMJ from being a third party. Whether you think it's right the outcome will be the same, it doesn't need your approval. There is a good chance that you don't know the whole truth and a much better chance that we aren't hearing the whole truth, so our judgment is worthless.

Enlisted do not administer UCMJ, Commanders do. If the commander finds enough evidence to process an Article 15, then the Commander believed there was enough evidence. The Soldier will be able to present their side of the story. Drill Sergeants do not give Article 15s.

Your friend will be allowed to speak with Trial Defense Services who will be able to ACTUALLY advise the Soldier on their best options. The Commander will meet with JAG who will legally counsel the Commander whether the Article 15 is ACTUALLY warranted or founded

Response by Lt Col Jim Coe made Feb 12 at 2021 3:26 PM

2021-02-12T15:26:21-05:00

My best advice is for the soldiers involved to contact the Army equivalent of theArea Defense Council in the Air Force.

Response by SFC Melvin Brandenburg made Feb 12 at 2021 3:37 PM

2021-02-12T15:37:27-05:00

no. IF they made it up, then sure, but for a legit reason, no.

Response by Sgt Private RallyPoint Member made Feb 12 at 2021 3:48 PM

2021-02-12T15:48:03-05:00

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Response by CSM Darieus ZaGara made Feb 12 at 2021 5:14 PM

2021-02-12T17:14:28-05:00

Something is not being shared. A FG article 15 for a trumped up claim is not likely. Commanders would need more than what is portrayed here before they would seek to crush a Soldier, a FG is often fatal to a career.

For me, not enough info to go on.

Response by CPT Private RallyPoint Member made Feb 12 at 2021 7:36 PM

2021-02-12T19:36:03-05:00

Just so you know a clinic can't schedule an appointment when they are closed.

Response by Maj Chris Williams made Feb 12 at 2021 11:33 PM

2021-02-12T23:33:50-05:00

My recommendation...run...don't walk to the closest TDS. The faster they get there, the faster the lawyer has a laugh and stops the silliness. If the minimal information you provided is accurate and complete. However, I have found in my 35 years of working these issues, there is always...and I mean always...more information than a third party presents.

Response by SSG Brian G. made Feb 13 at 2021 12:45 AM

2021-02-13T00:45:09-05:00

How do you think you have an appointment scheduled? Every appointment I ever had came with a straight up card etc that told you date, time and physician as well as a location and gives a number for contact. There is no "thinking" to it. Further if these are repetitive appointments there are listings for such.

What you have is second hand knowledge ie hearsay at best. There are things that are likely left out and honestly no one here can advise you, so you can advise your battle buddy. The best advice for the individual is to document, document, document and then when they are (if they are) read the Article 15, avail themselves of TDS.

For a bit of education though, the only ones that can administer an Article 15 is the commander. Unless or until he or she agrees then the rest is all hot air coming from a person and nothing more than that. If this is a potentional Art 15 incident it will be investigated thoroughly by the Commander and his/her delegates. It is not a snap decision made lightly.

You are not a lawyer. The best thing you can do is sit and wait. You are likely to do more harm than good to the SM(s) in question.

Response by SSgt Christophe Murphy made Feb 14 at 2021 3:11 PM

2021-02-14T15:11:53-05:00

They will be offered resources to assist them navigate the UCMJ if they haven't already. Just like the RP community you probably don't have all of the details. UCMJ violations aren't managed by Drill Sergeants. The Command is managing this and has a much larger view of the full scope here. Is there a history of issues with these two? Is there evidence they worked to mislead leadership? These are questions we don't have answer for that are important questions. I would just stay away from the issue and not get sucked into it.