In this video, I provide a quick overview of Article 15 for the Army, covering the range of punishments available, from no punishment at all to various levels of reprimands and courts-martial. I explain the process that starts with the first reading, where a Soldier is informed of the misconduct they're accused of, and the importance of reviewing the evidence with an attorney. I also discuss the Soldier's options, including whether to accept or deny the Article 15, and the potential consequences of each choice. Learn about the differences in the burden of proof between an Article 15 and a special court-martial, as well as the maximum punishments for each. I also touch on the possibility of administrative separation as an alternative to a special court-martial. Make sure to like, follow, and share for more insights. Take care.

Transcript: This is a quick overview Article 15 for the Army. So here you have spectrum punishment. You have no punishment, a$$ chewing, written reprimand, company level article 15, field grade level article 15, summary court martial, special court martial, and general court martial. Now for minor misconduct, the CO may choose to give the Soldier an Article 15. The Soldier will be notified of that during the first reading. The first reading, the Soldier will be made aware of the misconduct they’re accused of. During that first reading, the Soldier should request the evidence against him or her, and should review that evidence with an attorney, and then the Soldier can decide whether they want to accept or deny Article 15. If the evidence against the Soldier is not strong, and they may have a good case at special court martial, then the Soldier may want to deny that Article 15. The burden at Article 15 is preponderance of the evidence, 51%, more likely than not. Is it more likely than not, that the Soldier committed the misconduct. If so, that Soldier will be found guilty. What are the maximum punishments at Article 15? You have 60 days restriction, or 45 days restriction with 45 days extra duties, reduction in rank, forfeiture of half month’s base pay for two months. Now if the Service member denies Article 15, it goes back up to the CO, the CO decides, now what am I going to do with this misconduct now that the Soldier denied Article 15. The CO can give the Soldier a written reprimand, an a$$ chewing, or no punishment, or the CO can send the Soldier to special court martial. At special court martial the standard is beyond a reasonable doubt. So, the prosecution has to prove each and every element of the offense beyond a reasonable doubt in order for the service member to be found guilty. If found guilty the maximum punishments, 12 months confinement, reduction in rank, and a bad conduct discharge. In addition to the special court martial, the CO also has another option depending on the misconduct. The CO can send the Solider to Administrative Separation or to a Chapter, and that’s an alternative to a special court martial. That’s Article 15 in a nut shell. Like, Follow, Share. Take care.

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Disclaimer - This video offers EDUCATIONAL tips on the UCMJ, military law, and administrative proceedings. The law is constantly changing and these videos only provide a brief overview. Give me a call (or consult another attorney) if you need the most recent and accurate legal information/advice.

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