Article 15 is a form of disciplinary action that may be imposed on individuals who have violated military regulations. It is not a judicial proceeding, but rather a penalty administered by a commanding officer. Other forms of punishment include physical abuse, such as striking or lashing, as well as corrective measures aimed at modifying the individual’s conduct or personality. Severe or inhumane punishment is prohibited, and the objective of punishment is to discourage rule-breaking and safeguard others from harm.
Article 15 serves as a form of nonjudicial punishment within military law. It allows a commanding officer to discipline a minor offender who has violated the Uniform Code of Military Justice. Instead of resorting to a court-martial, the commanding officer may opt for Article 15 punishment for minor infractions, such as tardiness. This form of punishment can entail additional duties, loss of pay, or even confinement. It is important to note that nonjudicial punishment differs from a court-martial, which is a more serious legal process. Article 15 provides the military with a swift and efficient means of addressing minor offences.
Article 15 refers to a provision in the Uniform Code of Military Justice (UCMJ) that allows commanders to impose non-judicial punishment on military personnel for minor offenses.
Article 15 can be used to address a wide range of offenses, including but not limited to, insubordination, disrespect, minor theft, absence without leave (AWOL), and failure to obey orders.
Technically, you have the right to refuse an Article 15 and request a trial by court-martial instead. However, refusing an Article 15 may have serious consequences and it is advisable to consult with a military defence attorney before making such a decision.
The punishments under Article 15 can vary depending on the severity of the offense and the rank of the commanding officer. They can include reduction in rank, forfeiture of pay, extra duties, restriction to base, and reprimand.
Yes, you have the right to appeal an Article 15 decision. The appeal process typically involves submitting a written appeal to the next higher level of command within a specified timeframe.
Yes, an Article 15 will become a part of your military record. However, it is important to note that it is not considered a criminal conviction and will not appear on a civilian background check.
Yes, you have the right to request legal representation during an Article 15 hearing. It is highly recommended to consult with a military defence attorney who can guide you through the process and protect your rights.
No, an Article 15 cannot be expunged from your military record. However, it may be possible to request a review board to consider the removal of any associated negative performance evaluations or other adverse administrative actions.
Yes, an Article 15 can have a negative impact on your chances of promotion. It may be considered during promotion boards and can affect the overall evaluation of your character and conduct.
Generally, commanders have the discretion to impose multiple Article 15s for the same offense if it continues to occur. However, the punishments imposed should be proportionate and reasonable, and you have the right to appeal any subsequent Article 15 decisions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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