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When does FG ART 15 punishment start?

Columbia, SC |
Filed under: Military law

I am in AIT and received counseling last week that I would be going through the UCMJ FG ART 15 process; however, there was no corrective action taken in the counseling statement. Since then, I have had my privileges taken away and been placed on restriction. Currently, I am not allowed to graduate on Thursday nor visit with my family on the day graduation was supposed to occur for me.

I am just very unsure of if this restriction I am currently on and if it will count towards whatever punishment I receive. Lastly, I am assigned to Hawaii how will the flagging of ART 15 affect this assignment if at all?

Thank you all for your time, your contributions have already made a difference for me. This is a wonderful site for soldiers!!!

Attorney Answers 4

Posted

The punishment begins upon imposition by the commander. Being removed from graduation and having your privileges taken away is not part of the punishment.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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2 comments

Asker

Posted

Thank you sir, so it is just an add-on? I was told I cannot visit with my father due to "favorable actions"...? Thank you again sir for your timely response.

William Emil Cassara

William Emil Cassara

Posted

It is not an add on. Visiting with your father is a privilege given to you by the command, which the command can revoke. It is not part of the punishment. It is a revocation of privileges.

Posted

The punishment will be determined by the Commander at the Article 15. If you intend to make the military a career, I advise that you seriously considering refusing the Article 15. In today environment, it will be very difficult for you to reenlist with any kind of negative paperwork. If you would like a free counseling to discuss your options, feel free to give me a call. Best of luck.

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Posted

These are excellent questions. You should be asking them of your immediate superior in your chain of command. When and if you do go to Art 15, speak to the TDS folks at the legal service office. Best of luck to you.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

All Art 15 punishment must be indicated for you on DA Form 2627, Record of Proceedings Under Article 15, UCMJ. You may be restricted because you are pending punishment. According to MCM, Part V, you must be advised of your rights, whether you accept the punishment, and what the punishment is. If your rights are violated, you may later petition to remove the Art 15. If you are in AIT, special rules apply to you for filing in official military records. Deciding court-martial or Art 15 is a very important decision as well. If you would like to discuss the specific rules applicable to you, and your Art 15 decision, feel free to contact me. Thank you -

This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is novalegalservices@live.com or 804-955-9867.

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