Can you get an Article 15 removed?

Article 15s and Your Future An Article 15 could also get removed after you earn a promotion. Article 15s filed on base at the JAG office often get removed after two years. Other Article 15s become part of your permanent military record and may be more difficult to get removed.

What happens when you turn down an Article 15?

If the service member decides to refuse or “turn down” the Article 15 action, the chain of command will then decide whether to drop the case or forward it for court-martial action.

What are the three common punishments for an Article 15?

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.

Under which conditions must a commander take the administrative action of removing a Soldier from a local promotion list?

A commander must provide to HQDA documentation pertaining to Soldiers on an HQDA recommended list who meet certain criteria. Commanders may also recommend that a Soldier’s name be removed from an HQDA recommended list at any time for substandard performance or any other substantiated reason warranting removal.

How long does an Article 15 appeal take?

within 5 calendar days
Appeals must be made within 5 calendar days (not duty days) from the date punishment is imposed. Appeals not submitted within the 5 days could be rejected as “untimely.” For good cause, a commander may extend the 5- day period.

How long does an Article 15 stay on your record?

two years
A finding of guilty at an Article 15 hearing will be filed in your military records; however, the Article 15 will be removed from your record after two years.

How many times can you appeal an Article 15?

If an Article 15 is filed in a Soldier’s (E5 or above) OMPF, there are two subsequent appeals available.

How do you fight a summary of Article 15?

To refuse Article 15 proceedings and demand trial by court-martial if not attached to or embarked on a vessel. If a Soldier demands trial by court-martial, the trial could be a Summary, Special, or General Court-Martial. A Soldier may also object to trial by Summary Court-Martial.

Does an Article 15 count as a conviction?

Also, even if found guilty at an Article 15 hearing, you still have no federal conviction as with a court-martial conviction. Additionally, most Article 15s (especially first time Article 15s for minor offenses) won’t affect your ability to remain in the Army.