The United States Army Trial Defense Service

Article 15 Information Sheet
Defending Those Who Defend America

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 punishment?

The authority for commanders to give an Article 15 is found in what is called Article 15 of the Uniform Code of Military Justice. An Article 15 is considered non-judicial punishment, meaning that it is not considered a judicial proceeding. Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial The decision to impose an Article 15 is completely the commander’s. A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial.

If I agree to accept the Article 15, am I admitting guilt?

No, you are only agreeing to let your commander decide whether you are guilty and, if guilty, what punishment you should receive. If you plead not guilty, your commander must listen to your side of the case. You may present your own case or have a non-lawyer act as your spokesman. You can present witnesses or other evidence (such as statements, police reports, pictures, and diagrams) on your behalf to help explain your side of the story. You may also present evidence regarding your duty performance, reputation for truthfulness or honesty, and other facts that indicate you are not guilty or deserving of a light sentence. You must decide whether to present matters in your defense, mitigation, or extenuation.

· Evidence in your defense would be something related directly to the offense you have been

charged with that show you are not guilty of it.

· Mitigation refers to testimony or statements from people that know you as to your character, performance of duty, or other positive aspect about you.

· Extenuation, regards circumstance related to the offense, which tend to make the offense less severe (like an excuse).

Why should I accept the Article 15 rather than demand trial by court-martial?

Possible maximum punishments at an Article 15 are much lower than what a court-martial could adjudge. For example, you cannot be sentenced to confinement at an Article 15 hearing. Also, even if found guilty at an Article 15 hearing, you still have no federal conviction, however, with a court-martial conviction you would have a federal conviction. Additionally, most Article 15s (especially first time Article 15s for minor offenses) won’t affect your ability to remain in the Army. Court-martial convictions can result in discharge, either by a punitive discharge adjudged by the court or administrative discharge after the court-martial.

IF YOU ARE THINKING OF ASKING FOR A COURT-MARTIAL, YOU MUST SEE ONE

OF THE ATTORNEYS BEFORE YOU MAKE THE DECISION OR LEAVE THIS OFFICE.

What are the different types of Article 15s and what are the maximum punishments?

There are three types of Article 15s:

1. Summarized. Any company grade commander may administer this type of Article 15. Soldiers who are read a summarized Article 15 are not entitled to consult with a defense attorney. They may, however, turn down the Article 15 and demand trial by court-martial. The maximum punishment authorized at a summarized Article 15 is any combination of:

a. extra duty for 14 days

b. restriction for 14 days

c. oral reprimand or admonition

2. Company Grade. Any company grade commander may administer this type of Article 15. The maximum punishment authorized at a company grade Article 15 is any combination of:

a. extra duty for 14 days

b. restriction for 14 days

c. oral reprimand or admonition

d. forfeiture of seven days base pay

e. reduction in rank of one grade (E-4 & below only)

3. Field Grade. A commander in the rank of major or above may administer this type of Article 15. The maximum punishment authorized at a field grade Article 15 is:

a. extra duty for 45 days

b. restriction for 60 days (maximum of 45 days if combined with extra duty)

c. oral reprimand or admonition

d. forfeiture of one-half base pay per month for two months

e. reduction in rank to E-1 (E-4 and below) or reduction

in rank of one grade (E-5 & E-6 only)

If I am found guilty at the Article 15, when does the punishment begin?

Usually the punishment begins immediately, even if you appeal the Article 15. The commander may, delay starting the punishment under certain circumstances (leave, illness, AWOL, field exercise).

What is suspended punishment?

Your commander may suspend any or all punishment for a period not to exceed six months. If the punishment is suspended, it does not take affect. You are, in essence, on "probation" for the suspension period. As long as you do not engage in any misconduct, the suspended punishment will not take affect. However, if you engage in misconduct of any kind, the commander can withdraw (vacate) the suspension and the original punishment takes effect. You do not have a right to contest or appeal the vacation of the suspension. Furthermore, the violation action will not preclude further judicial or nonjudicial punishment for the same misconduct.

Can I appeal the decision my commander makes at the Article 15 proceeding?

If you are found guilty during an Article 15 hearing, you have the right to appeal to the next higher commander. For example, if the imposing commander is your company commander, the appellate authority is usually the battalion commander. The appeal must be submitted within five days of your hearing. There are three grounds for appeal: (1) there was not enough evidence to find you guilty; (2) the punishment imposed was too severe; or (3) the commander did not follow proper procedures. The commander considering your appeal can overturn a finding of guilty, lessen the punishment or keep the punishment the same. The commander acting on your appeal cannot make your punishment more severe.

How do I appeal?

You appeal by checking the appropriate block on Line 7 of DA Form 2627 immediately after your imposing commander announces your punishment. He will ask you whether you want to appeal. If you wish to appeal, it is recommended that you check Block 7(c) which states “I appeal and submit additional matters.” If you are not sure if you want to appeal, we recommend you go ahead and check the “I appeal” block. If you appeal, you should check Block 7(c) and provide written statements to support your position because you are not entitled to any personal appearance in front of the appeal authority (although you may request one). If you don’t submit these statements from yourself and the others who spoke for you at the original hearing, the appeal authority may never get your side of what happened. If you’ve been given restriction or extra duty as a punishment and you appeal, you should request that your restriction and extra duty be suspended if the appeal takes more than five days to come down. If you so request and the appeal is not decided within 5 days, the extra duty and restriction imposed MUST be suspended until the appeal is decided. A memo is attached for you to make this request.

Will a finding of guilty at an Article 15 hearing be filed in my military records?

A finding of guilty at an Article 15 hearing will be filed in your military records; however, the rules vary depending on your rank.

If you are in the grade of E4 and below, the Article 15 will be filed locally in non-judicial punishment files. The Article 15 will be destroyed two years from the date of imposition or upon your PCS/ETS, whichever occurs first.

If you are in the grade of E-5 or above, the imposing commander will determine whether the Article 15 will be filed in either the restricted or performance fiche of your Official Military Personnel File (OMPF). Article 15s filed in your OMPF will likely have adverse affects on your future military career. Consult the Trial Defense Service for more details regarding the career ramifications of this important filing determination.

Where can I get additional information about Article 15s?

The Article 15 process is discussed in detail in Part V of the Manual for Courts-Martial and in Chapter 3 of AR 27-10. These materials are available for review at the Trial Defense Service.

For further information contact the Trial Defense Service at 526-4563.

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SAMPLE MEMORANDUMS:

Article 15 (Sample) Request for Witness(es) Memorandum:

DEPARTMENT OF THE ARMY

Unites States Army Trial Defense Service

Fort Carson Field Office

Fort Carson, Colorado 80913

AFZC-JA-TDS __________

MEMORANDUM FOR Commander, __________________________________________________

SUBJECT: Article 15 Witnesses

1. My military career is important to me. I want you to know all you can about me and my situation before you decide:

a. Whether I committed the offense(s) of which I am suspected, and if so,

b. What punishment is appropriate.

2. To help you in these decisions, I request the following people be present, as witnesses, at my Article 15 hearing (see Army Regulation 27-10, paragraph 3-18e(2), 3-18I and Part V, paragraph 4c(1)(F), Uniform Code of Military Justice):

a. ___________________________________________________________

b. ___________________________________________________________

c. ___________________________________________________________

d. ___________________________________________________________

3. Because these witnesses are important to a fair determination of my case, I request a delay in the hearing until these witnesses can be present for my hearing. If one or more of these witnesses cannot be present, I request that I be notified of the fact far enough in advance to obtain a written statement from that witness.

4. POC is the undersigned.

______________________________

(Signature)

______________________________

(Printed Name)

_______, U.S. Army

(Rank)

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Article 15 (Sample) Timeliness of Action on Article 15 Appeal Memorandum:

DEPARTMENT OF THE ARMY

Unites States Army Trial Defense Service

Fort Carson Field Office

Fort Carson, Colorado 80913

AFZC-JA-TDS _________________

(Date)

MEMORANDUM FOR Commander, __________________________________________________

SUBJECT: Article 15 Appeal

1. I was punished under Article 15, UCMJ, on __________________________. As part of the punishment under that Article 15, I was given extra duty and restriction (line out inapplicable).

2. On _______________________, I submitted an appeal to that Article 15. Under Army Regulation AR 27-10, paragraph 3-21b, my appeal should have been decided within five calendar days following the date on which I submitted my appeal. This time period has elapsed and no decision has been made on my appeal.

3. Under AR 27-10, paragraph 3-21b, I request that all the punishments that I received under the Article 15 which involve deprivation of liberty (specifically my extra duty and restriction) be interrupted pending a decision on my appeal.

4. POC is the undersigned.

_____________________________

(Signature)

______________________________

(Printed Name)

_______, U.S. Army

(Rank)

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Article 15 (Sample) Appeal Memorandum:

DEPARTMENT OF THE ARMY

Unites States Army Trial Defense Service

Fort Carson Field Office

Fort Carson, Colorado 80913

AFZC-JA-TDS _________________

(Date)

MEMORANDUM FOR Commander, __________________________________________________

SUBJECT: Article 15 Appeal

1. On ____________, I received punishment imposed under Article 15, UCMJ, imposed by _______________. I was accused of ____________________. The punishment I received included Reduction to ____ from ______; forfeiture of $________ (per month for ______ months / ________

____________________________________ (other).

2. I am hereby appealing. I respectfully request, based on the following information, that you take the following action on my appeal:

3. I ask you to grant my request for the following reasons:

4. POC is the undersigned.

Encl(s) _____________________________

(Signature)

______________________________

(Printed Name)

_______, U.S. Army

(Rank)