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I was read a Company Grade article 15. Now they want to make it Field Grade. Is that right?

Federal Way, WA |
Filed under: Military law

Article 15 is for being "drunk" on duty.

Attorney Answers 3

Posted

My question is: was your reading the first reading or the second reading? If you were only given a first reading, then your unit can pull back the CG Art 15, and read you a FG Art 15. If you were already given your second reading for the CG Art 15, your company commander already signed off on your CG Art 15 punishment, then by reg, you have received your punishment and you serve out whatever sentence you received for your CG Art 15.

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Posted

They only read me the formal reading for CG. The next day was a hearing for punishment. I reported but they kept delaying the process. Now they are saying it might be a FG. Should I just go to JAG?

Ernesto Carlos Gapasin Jr.

Ernesto Carlos Gapasin Jr.

Posted

Speak with JAG defense counsel -- perhaps he or she can contact the prosecutor for your unit to get some insight as to what your unit intends to submit, a CG or FG. If the JAG defense counsel assigned to you is convincing, perhaps they can convince the prosecutor and the unit to keep it at a CG Art 15. Your DC should convince the prosecutor that a FG Art 15 is punishment that exceeds the crime -- perhaps they can also get the prosecutor to believe that you would turn down a FG Art 15, but would take a CG Art 15 -- which may in fact be true. Units do not like to move forward to courts-martial on such low-level offenses such as being drunk on duty.

Posted

Excellent advice. Consult with legal assistance on post. JB Lewis - McChord has legal assistance available to you. If you cannot do this, at least consult with private counsel.

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Posted

If it was only the first reading, the answer is yes. The command can change it to make it a field grade. If you have already been there, you would need to go BACK to TDS (Trial Defense Services), because the possible punishment at field grade is more severe and you need to know this as well. You may well decide that you now do not want the matter to proceed by Article 15 and that you want a court martial. This is a matter that you really need to talk to a TDS attorney about. IMPORTANT,dDo not exercise your right to go to court martial rather than 15 without first at least talking to a TDS attorney about your case. TDS is free, you are entitled and indeed required to at least have the chance to consult with them.

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Posted

Even if the evidence is against me? My blood was drawn and the blood alcohol content was .096.

Steven John Krupa

Steven John Krupa

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