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Punishments & what to expect under a 15-6?

Savannah, GA |

My husband( senior NCO), , his 1SG & his Commander were found guilty of dereliction of duty, by CID, for not properly reporting a sexual assault. The service member assualted did not want to file a report but later changed their minds & went to CID.
A 15-6 has been initiated on all 3, with all 3 having waived a right to counsel at CID. What can I expect to happen during a 15-6 and what punishments should I brace for, if any?
Thank you.

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Attorney answers 5

Best Answer
Posted

CID cannot find your husband guilty. CID investigates cases, and turns the case over to the command to determine what action, if any, to be taken against the soldier. The same is true of a 15-6 Investigation. The Investigating Officer (IO) investigates and turns the results over to the command to decide what action to take. I would advise anybody subject to a 15-6 Investigation to speak to an attorney before making any statements, even if they have already done so. He should either go to TDS on base and/or consider retaining private counsel to help him navigate through the process.

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

Posted

Your husband should invoke his rights to speak with attorney and remain silent. The investigators have to honor those demands of your husband. He should then call anyone of the attorneys on this website. Please read my Avvo profile and call when ready to speak.

Posted

Your husband needs to consult an experienced military attorney immediately. There are a number of steps he needs to take to protect your family and himself. Additional information is available on my website. Feel free to give me a call to discuss. The consultation is free. Good luck.

Posted

CID does not find someone guilty, they investigate.
Decisions are made by a commander. Only a commander at Art. 15 or a court-martial can find someone guilty.
A 15-6 is an additional investigation to aid the commander in deciding what to do.
Usually a person should exercise the right to counsel and silence with a 15-6 as well as with CID. Understand that may be too late at this point. But going forward exercise the rights.
Options are nothing, GOMR, Artl 15, adverse evaluations, court-martial.
These cases are very politically sensitive because of media and congressional actions.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Posted

I will interject here that given the high profile nature of and emphasis that the services have placed on sexual assault that you can expect all three to face the most serious penalties possible.

I would suspect this will kill their careers, I would not be surprised to see a court martial... It will be important to get the best counsel possible. I suggest talking with any of the 4 other military law attorneys who have an answered your questions here..

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.