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It is unclear whether you have already taken Article 15, or you have been merely offered Article 15. I think most military lawyers would agree that in today's military most Article 15's are resulting in a subsequent involuntary separation. Where an attorney can really assist you is BEFORE you decide whether to refuse or take Article 15.
The BN commander imposed the article 15. The brigade commander suspended the consequences. But then we found out even having a field grade article 15 on record disqualifies him for his mos. The circumstances are that we have been married 10 years, he's been deployed 7 times in these 10 years.
The decision to give you an Article 15 is technically not made by your First Sergeant (though he will have some input), your Company or Battalion Commander will make the final decision on whether to give you an Article 15 and at what level - Summary, Company or Field Grade. If you receive an Article 15, you are REQUIRED to see an attorney at ...
Generally, the answer is yes. The controlling regulation is Army Regulation 27-10, Table 3-1. There are some limitations to this - i.e. the Field Grade Officer has to be in a LTC/0-5 Commander to reduce an E6 to and E5, however, other than that, a Field Grade Officer has the authority to impose Field Grade Article 15 punishment even if they are in Company Command.
I received a Field Grade Article 15 in December of 2016 for three specification of Article 128 Assault. The victim was my spouse which made this domestic violence. The incidents involved pushing and slapping, but no punching. My spouse and I have reconciled are still married and live together.
I got the field grade article 15 while on deployment. I have planned a wedding for Feb. 28th way before getting the Art 15. My punishment starts Feb. 5th, and block leave was supposed to start on Feb. 20th. Can they take my leave considering it would within the 45 days post restriction and extra duty?
For Army E-4s and below (prior to punishment), the record of NJP (DA Form 2627) is filed locally and destroyed at the end of 2 years from the date of punishment or upon transfer to a new General Court-Martial Convening Authority (GCMCA).
I am being recommended for a field grade article 15 in regards to a failed UA, I received my first reading and was told I had 48 before the second one would be done by my CSM but it’s been a week since and my 1SG says he has no further information for me regarding my second reading.
Brother, this is a terrible situation but an easy decision. Take the Article 15. Prepare your best defense, and submit it - whether it's falling on your sword and admitting it and preparing a great request for a light sentence (even a suspended sentence) or perhaps you focus on a Not Guilty plea.
However, you did not state if you had a field grade article 15 or a company grade. Normally, it takes a field grade article 15 to take a stripe but if was treated as a company grade and the documents were destroyed when your changed units then you may have actually had the break of a lifetime.