Should we stop ART-15 UCMJ from being a career killer to use it effectively?

SGM Mike Bachini — Mon, 24 Feb 2014 13:50:44 -0500

Should we allow company grade and lower ART15 UCMJ to be what it was intended to be? Conviction, Punishment and REHABILATIVE administrative actions. If we stopped ART 15s from being a career killer and the first step to a Chapter, would discipline and morale in the Army get better? What if all company grade or lower ART15 never showed up on your records or NCOER? A Soldier could do the punishment, recover and be better for it.

* Field grade and above would remain the same, a negative bullet on your NCOER and more than likely the first step to a chapter.

You could give an ART15 to a Soldier or an NCO without destroying his/her career but still making it sting (time and money are valuable) and they become better Soldiers/Leaders and LEARN that they can make a mistake, pay the price and Soldier on and GET BETTER.

For the record I thought that the legal proceedings used to review ART15s downrange were excellent. The Soldier watches the video and it is signed off that he/she did and then UCMJ proceedings happened, right then and there. No waiting for weeks to get a lawyer to brief the Soldier.

Response by SFC Michael Hasbun made Feb 24 at 2014 1:55 PM

SFC Michael Hasbun — Mon, 24 Feb 2014 13:55:42 -0500

You have my vote MSG.

Response by 1SG Private RallyPoint Member made Feb 24 at 2014 2:50 PM

1SG Private RallyPoint Member — Mon, 24 Feb 2014 14:50:04 -0500

As a product of multiple Article 15's as a young pup, I know that the threat of getting kicked out was much more severe than the punishments levied. At the time, I couldn't have imagined going home to explain to my family that I couldn't cut it in what (at the time pre 9-11 and as a Private) was considered to be an easy job. Nowadays, I wouldn't refer to a Company-below ART 15 punished violation on an NCOER as rater or have a field grad put in a E4 and below's iperms unless I was persuing an inefficiency reduction or a chapter. You have no option with an NCO and a Field Grade, you can only pick restricted or non-restricted, but it's going in there and it's getting reviewed at your promotion board. BLUF: Art15s make a bad Soldier worse or a good Soldier better.

Response by SGT(P) Private RallyPoint Member made Feb 24 at 2014 3:08 PM

SGT(P) Private RallyPoint Member — Mon, 24 Feb 2014 15:08:22 -0500

MSG,

First part of the question, I agree with. The second part, not so much. I have often seen leaders that attempt to punish Soldiers via Art. 15, when it is not really deserved. Often times, Soldiers are railroaded and not fully understanding the impact it can have on their career. All Soldiers are entitled to speak with someone for representation and know when to keep their mouths shut. A video will never replace actual interaction in which they can ask questions and receive answers in a safe environment.

Response by SFC Private RallyPoint Member made Feb 24 at 2014 3:21 PM

SFC Private RallyPoint Member — Mon, 24 Feb 2014 15:21:35 -0500

MSG Bachini,

I don't think that Summarized or Company Field Grade Article 15s should automatically initiate chapter paperwork. I think that these should be rehabilitative in nature and meant to get the Soldier back on the right track. I also don't think that an Article 15 should be the go-to form of punishment either. Good order and discipline starts with NCOs enforcing standards, mentoring junior Soldiers, and setting a good example for others to follow. Article 15s should be used as a tool for more severe infractions, or for when corrective training proved ineffective and a Soldier repeatedly chooses to not adhere to the standards. Ultimately, an Article 15 should result from an escalation of efforts to counsel and mentor the Soldier.

Punishing a Soldier under Article 15 gives them a real wake-up call. It should motivate them to do the right thing and correct their prior deficiencies. If they choose not to, and their misconduct leads to more UCMJ action, or if there is serious misconduct, then it would be appropriate to consider initiating chapter separation paperwork. Sometimes the chapter initiation is the eye-opener for the Soldier too.

Response by SFC Ronald Bowers made Apr 28 at 2014 4:45 PM

SFC Ronald Bowers — Mon, 28 Apr 2014 16:45:13 -0400

I "earned" my 1st AR-15 right out of the gate! I hadn't even left Basic yet. My 2nd AR-15 came just three years later when I droped my rifle out of the truck. 3rd was awarded for leaving (a deserted) motorpool on Command Maintenance Day. 4th was for Failure to Report (read that as Missed Formation) followed closely by #5 for being out of uniform. The last, 6th was taken by me for an offense by my soldier. I had not properly instructed him and therefore it was My fault.

I still made it to SFC, but I really think those issues stood out on the MSG board.