Better Administration of the Military's Article 15 Punishments for Minor Offenses Is Needed (2024)

FAQs

Better Administration of the Military's Article 15 Punishments for Minor Offenses Is Needed? ›

Article 15 of the Uniform Code of Military Justice

Article 15s are considered nonjudicial punishment under the UCMJ. Article 15s are a mechanism that allow the chain of command to punish a Soldier for offenses under the UCMJ without formally charging him/her at a court-martial.

Summarized: The maximum punishment at a summarized Article 15 can include extra duty for 14 days, restriction for 14 days, and/or an oral reprimand. Soldiers are not entitled to a defense attorney and may choose to request trial by court-martial.

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.

Removal of an Article 15 punishment can only be considered by the Army Board for Correction of Military Records. The most often attempted to be removed unfavorable information is a General Officer Memorandum of Reprimand.

There are three types of matters you may submit in Article 15 proceedings: matters in defense, matters in extenuation, and matters in mitigation.

The punishments authorized for article 15 are limited and generally less severe than those that can be imposed by court-martial. Also, unlike a court-martial, an article 15 is not considered a conviction for a crim- inal offense. (See p. 1.)

Yet, it's essential to remember that a single Article 15 doesn't define your military career. In fact, it's possible to receive an honorable discharge despite this mark on your record, provided you demonstrate improvements in conduct and performance afterward.

Indeed, an Article 15 can be considered a flag, but it's essential to understand the nuances of what this means. A “flag” in military terms refers to an administrative action that prevents unfavorable actions happening to a soldier's record while under investigation or punishment.

Is an Article 15 a felony? ›

Article 15 punishments are neither midemeanors nor felonies. They are non-judicial punishments and not recorded as convictions.

Article 15s are non-judicial punishments, and consequently, they may not appear in traditional criminal history checks.

When you think about your military record, you might wonder if an Article 15 will appear on your DD214. The truth is, an Article 15 doesn't typically show up on this document.

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.

Finally, in some situations, you could be discharged after an Article 15 through the administrative discharge process (though you can't be dishonorably discharged for an Article 15). It could also lead to a negative service characterization, which could affect your veterans benefits.

There are two types of Article 15: Company-Grade Article 15, and Field-Grade Article 15. These terms are often used for Army Article 15s, but they also exist in the other branches of service but don't have the same name to them.

Since they're administrative actions, Article 15s are not criminal convictions and thus, they do not typically appear in civilian criminal background checks. However, the distinction between administrative actions and criminal convictions is nuanced.

A general article, in military law (sometimes called "the Devil's Article") is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law.