I am at AIT and have received a field grade Article 15 for innapropriate relations(sex at AIT). I still graduated because I had done the act 2 days prior to graduation. I have been a hold over for a month now and I just signed another counseling admitting to the UCMJ. How long does the commander have to act on it and give me a punishment and when do they typically? Also what is the process of the field grade Article 15?
You should have the opportunity to meet with a TDS lawyer before the imposition of the Article 15.
Training status tends to slow everything down for a variety of reasons. The Article 15 process involves two steps. First, is the reading/delivery of the charges. This is usually done in the commander's office with the subordinate chain of command present. They will read the Article 15 to you and then escort you to TDS with the packet of evidence. At TDS you will probably watch a short video and then have the opportunity to wait in line to talk with an attorney. The wait time will be variable by how many people want to see the attorney and how many attorneys are on duty.
You can discuss with the attorney the charge, any defenses you may have, the likely punishment, and your option of refusing adjudication by Article 15 and requesting a trial by court-martial. This step should never be taken without close coordination with your attorney.
The command has two years to utilize Article 15 but it usually takes only a few weeks or months.
Mr. Stanfield is a military trial lawyer that represents Servicemembers around the world. All responses provided are for informational purposes only and are not personal legal advice and do not create an attorney-client relationship. Additional information is available on his website at https://rklawoffice.com/
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