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Suggest a Feature →Article 15: Your Rights
General information, not legal advice. For legal issues, contact Trial Defense Service (TDS) or your Legal Assistance Office.
“You have to accept the Article 15. It's just how it works. Your commander already decided.”
You have the absolute right to refuse an Article 15 (nonjudicial punishment) and demand a trial by court-martial instead. Your commander must inform you of this right in writing before proceeding.
How Article 15 Actually Works
When your commander wants to give you an Article 15, they must first notify you in writing of the charges and your rights. One of those rights is the right to demand trial by court-martial instead. This is not a loophole. It's built into the system on purpose.
Your Rights Under Article 15
Here's what your commander must tell you before an Article 15 proceeding:
1. The specific offense(s) you're accused of 2. Your right to demand trial by court-martial instead 3. Your right to examine the evidence against you 4. Your right to present matters in defense, extenuation, or mitigation 5. Your right to have a spokesperson (not a lawyer at the Article 15 level, but someone to speak on your behalf) 6. Your right to remain silent 7. Your right to appeal if found guilty
Should You Turn It Down?
That depends on the situation. Here's the reality check:
If you turn down the Article 15 and demand a court-martial, the command can either drop the case entirely, or send it to a court-martial. At a court-martial, you get a military defense attorney, the rules of evidence apply, and the burden of proof is higher. But the potential punishments are also more severe.
What an Article 15 Can and Cannot Do
A summarized Article 15 (company-grade) can impose: extra duty (14 days), restriction (14 days), oral reprimand, forfeiture of 7 days' pay. A field-grade Article 15 can impose: reduction in grade (E-4 and below by one grade), forfeiture of half a month's pay for 2 months, extra duty (45 days), restriction (60 days).
An Article 15 is NOT a criminal conviction. It stays in your military records but does not show up on a civilian criminal background check.
The Appeal Process
If you accept the Article 15 and are found guilty, you have the right to appeal to the next higher commander. The appeal must be submitted within 5 calendar days (Army) or as specified by your branch. During the appeal, the punishment can be reduced but not increased.
Bottom Line
Talk to TDS before you decide. They work for you, not your command. Their advice is confidential. Use them.
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Contact your installation's Trial Defense Service (TDS) for UCMJ matters, or Legal Assistance Office for general legal issues. These services are free for active duty service members.