My court martial case was dropped without prejudice in which I received a field grade Article 15 for demoting me from E-4 to E-1. I then had to go to a chapter separation board in which the out come was there was not a preponderance of evidence that i even committed the act under article 120 ucmj. The same article i received an Article 15 for. How am I able to receive my rank back?
Speak to your defense counsel about requesting remission of the punishment under AR 27-10. If that fails (or if it is too late) you can apply to the Army Board for Correction of Military Records.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Personal Injury Lawyer
It will be a long high hill to climb. I assume that you took the Article 15 as part of an agreement to get the court martial charges dismissed and that you pled guilty at the Article 15. Under the Manual of Court-martial Part V, you can ask for the punishment to be set aside or remission, but what is the incentive for the command. I also suspect that the time to appeal has passed and without "good cause" it does not have to be considered. You can also petition the ABCMR, however I think that will be hard too - if you pled guilty. Now, if you did not plead guilty at the Article 15, your case would be stronger if more evidence was available and presented at the administrative separation board. If you would like a free consultation, p,ease give my office a call.
Government Contract Attorney
You have 2 options: The Manual for Court Martial allows you to request to set aside the Article 15 after the appeal has failed. The other option is to petition the Board for Correction of Military Records to upgrade your discharge. The burden or proof for an Article 15 in the Army is beyond reasonable doubt. The burden of proof for administrative separation is preponderance of evidence. Perhaps you could use the evidence from the board to rebut the Article 15. There are many other factors involved, and it sounds like there is some level of complexity associated with your case. Feel free to contact me for a free consultation to discuss your options and develop the best course of action.
This information is intended for public and educational use only, it does not form an attorney-client relationship and it does not constitute legal advice. Do not post any privileged information, instead contact an attorney directly. My contact information is 202-738-1382 or Pentagonlaw@gmail.com.
Military Law Attorney
You need to consult an experienced military attorney who can assist you with preparing a package for the Board for Correction of Military Records (BCMR) with the Army Review Boards Agency. My firm handles upgrades and corrections on a regular basis. Call me for a free consultation- I would be happy to discuss your options with you.