Receiving an Article 15 is a significant emotional event in a Soldier’s life. Leaders sometimes forget how difficult these times can be for Soldiers and their families. While correcting substandard performance is important, it is equally important to plan for the future.
We must make every effort to ensure Soldiers understand they can overcome this event and become a productive member of the team. Conducting an effective counseling session before and after the Article 15 procedure will help the Soldier understand what has happened, why it happened, and how they can move forward in a positive manner. Each level of leadership is responsible for setting the Soldier up for success. The Soldier is responsible for implementing a positive change. With these thoughts in mind I would like to offer the following guidance for dealing with a Soldier facing an Article 15 proceeding:
Counseling before the Article 15
- Be professional
- Ensure the Soldier understands the Article 15 is not personal
- Be empathic
- Ensure the Soldier understands the importance
- of accepting responsibility for their actions
- being honest
- not making excuses
- Properly prepare the Soldier by having them get statements or ensure witnesses are available for the Article 15 process.
- Explain to the Soldier how the process works.
- Ask the Soldier to think about a punishment they believe would be appropriate (if found guilty). Soldiers can be very hard on themselves and be very inventive with punishments that are meaningful.
- Talk to the Soldier about preparing a statement to read at the Article 15 proceeding.
- Explain to the Soldier how to present matters of extenuation or mitigation.
- If the Soldier is married ask them to speak with their spouse about the potential punishments and how they could effect family life and family finances (less time with family, loss of pay, etc)?
Counseling after the Article 15
An Article 15 is a significant event in a Soldiers career, but they'll pick themselves up much faster with proper support.
After an Article 15, the Soldier is typically down and not exactly feeling their chipper self. Consider the following items:
- Regardless of the situation let the Soldier know
- You care
- While life is hard now (especially if they are losing a stripe, being chaptered, or being barred), its not the end of the world.
- Build the Soldier up if at all possible. In some situations this may be difficult depending on the demeanor of the Soldier and the situation.
- Ensure the Soldier knows they can call you for guidance and support.
- Provide contact information for the chain of command to the Soldier.
- You may not know everything that is going on with a Soldier. There may be problems at home, on the job, or financial troubles. The completion of the Article 15 process (realization of punishment) may be the straw that pushes the Soldier over the edge in terms of depression or other actions.
- Don’t be proud of punishing a Soldier!
- Tell them to put the experience behind them, learn from it, grow from it, and teach others to learn from their mistakes.
- Let the Soldier know you expect them to:
- Maintain the standards
- Complete punishment as required
- Be professional
- Let them know you will not hold this incident against them if they correct the substandard performance but if they choose to continue substandard behavior/performance you will utilize the previous Article 15 for actions like: bar to reenlistment or chapter actions.
- Typically the Soldier will feel bad after the Article 15, don’t do anything to increase this. It’s a good idea to show compassion rather than risk increasing their stress level.
- Tell the Soldier to go home and talk to their spouse and explain the situation and punishment.
Bottom-line: Ask them to remember the experience because one day they will be a leader making the difficult decision to punish a Soldier, and their decision will effect one or all of the following with regard to the Soldier:
- Life
- Family
- Finances
- Career
- Emotions
The soldier should walk away from the process educated and understanding that the leadership cares but will enforce discipline.
If the Soldier walks away with an attitude and a feeling they have been treated unfairly odds are the problem has not been properly addressed. In most cases you can get through to a Soldier. In some cases the Soldier may not be able to see the bigger picture. You can only hope that as time passes the Soldier will see you were fair.
In all cases monitor your Soldiers closely (before, during, and after).
Read The Mentor: Everything you need to know about leadership and counseling for more information about Counseling, Leadership, Corrective Training, and Separations in the Army.
Comments
SPC D
I was counseled for pictures that an nco didnt like that were posted on Instagram. I had to delete the pictures and the commander made it so I cant take my phone to work or have anything that has a camera to work. (the pictures were of 4 female soldiers sitting in proper uniform on a bench in our meeting room) the pictures were normal everyday pictures but since one nco didnt like the pictures I got in to all this trouble. The commander tried to REFAD me but instead I was counseled every week for 2 months and it has now been over 90 days since the counseling and I am still being punished. I am trying to find the reg that states how long a soldier can be punished for something they were not given an article 15 for?
SGT NICK
You should really keep your private and professional life separate, why does so many people in your unit have access to your Instagram? I never use my real name in any online network anymore (got caught up myself) and would not give anyone access to me other than my work email and phone number. The Internet and social networks are just two more areas where the military can burn you now. For future reference keep them a 100% separate.
mojax
When i am read the first part of an field grade article 15 how long does it take to have the second reading done. From what I was told it;s 10 days.
Mark Gerecht
It depends on how fast your can get an appointment with TDS. 5-10 business days would seem reasonable. In some cases Soldiers choose to waive their right to TDS to speed up the process. However I would encourage you to always see TDS and make sure you layout the facts so they can give you the best possible advice.
Hope you found this useful.
TOP
SGT IOMC
Since April of 2011, I have been pulled over or pulled aside by CID. I am a member of a motorcycle club and wear my club patches when in civilian attire. Each instance has pretty much played out the same way. CID stops me and tells me to remove my patches. I of course refuse. I give them my contact information and unit information. I go on about my business and hear nothing of the incident. Each time I let my supervisor know that I was questioned. I was preparing to attend ALC after the last encounter, and recieved a counseling recommending me for AR15 at 2200 on the Friday before leaving for my flight and reporting to school. I should have made a complaint about CID in the past, however I just wrote it off as an incovenience I had to deal with. So from April 2011 until April 2013, CID stops me and never follows through with questions or even an investigation (assuming this because I never recieved a flag prior to this weekend) before being prevented from attending ALC. I don’t mind dealing with the charges and fighting whatever evidence they have, I am concerned about career progression and the possiblity that this was only done in order to “get back” at me for all the times I refused to follow their unlawful orders. Does anyone have some sort of insight on this?
Eck
SGT IOMC, what you consider an unlawful order may very well be lawful to remove your “patches” or “colors” while on base.
Belonging to a motorcycle club, many times, is in violation of AR 600-20, paragraph 4-12, and DODI 1325.06 (Nov 27, 2009) which covers extremist organizations and activities. It depends on whether or not the club or it’s affiliate clubs has been identified or is perceived to be an extremist organization.
AR 600-20, paragraph 4-12a. “Participation. Military personnel must reject participation in extremist organizations and activities. Extremist
organizations and activities are ones that advocate racial, gender, or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, religion, or national origin, or advocate the use of or use force or violence or unlawful means to deprive individuals of their rights under the United States Constitution or the laws of the United States, or any State, by unlawful means.”
Many military installations have policies prohibiting anyone, military or civilian, wearing their MC “colors” on base. This is a legal policy which, even though you are off duty and in civilian attire, applies to you.
Whether you believe your club is an extremist organization or not really does not apply to your issue. It basically boils down to what your command believes. Paragraph 4-12c, states, “Command authority. Commanders have the authority to prohibit military personnel from engaging in or participating in any other activities that the commander determines will adversely affect good order and discipline or morale within the command. This includes, but is not limited to, the authority to order the removal of symbols, flags, posters,or other displays from barracks, to place areas or activities off-limits (see AR 190–24), or to order Soldiers not to participate in those activities that are contrary to good order and discipline or morale of the unit or pose a threat to health, safety, and security of military personnel or a military installation.”
The key to this paragraph is the portion that states a commander can prohibit military members from engaging in or participating in activities that the commander believes is detrimental to the good order and discipline or morale within the command. So basically, if the post commander or their authorized designee, determines that wearing motorcycle club “patches” or “colors” are detrimental to the good order and discipline or to unit morale, they can make it a prohibited activity.
Paragraph 4-12b lists the prohibited activities for Soldiers.
Command Options for violating this regulation is listed in paragraph 4-12d, “Command options. Commander’s options for dealing with a Soldier’s violation of the prohibitions include—
(1) UCMJ action—Possible violations include the following:
(a) Article 92—Violation or failure to obey a lawful general order or regulation.
(b) Article 116—Riot or breach of peace.
(c) Article 117—Provoking speeches or gestures.
(d) Article 134—General article, specifically, conduct which is prejudicial to good order and discipline or service discrediting.
(2) Involuntary separation for unsatisfactory performance or misconduct, or for conduct deemed prejudicial to good order and discipline or morale.
(3) Reclassification actions or bar to reenlistment actions, as appropriate.
(4) Other administrative or disciplinary action deemed appropriate by the commander, based on the specific facts and circumstances of the particular case.
These rules apply to you on or off duty, on or off base. If your club is perceived to be or even associated with an extremist organization, wearing your “colors” (on or off base) could very well violate this regulation or post policy. This determination would be made between your command and their servicing Staff Judge Advocate office and legal counsel.
I am not making a judgement on whether the club you belong to is an extremist organization or not. My intent is to make you aware of your position and the potential negative effect on your military career, should your command think your MC is an extremist organization.
I hope you found this useful.
Eck
“I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”
morgan
Does my supervisor suppose to be present during the reading of an pending article 15
Eck
The members present during an Article 15 initial reading is up to the imposing commander. The imposing commander can do the first reading himself or appoint a commissioned officer or NCO (E-7 or above) to notify the Soldier (AR 27-10, para 3-18a). Normally, the commander will appoint the 1SG to do the first reading, notifying the Soldier of the charges and their rights. In most cases, the commander/1SG will have the Soldier’s immediate supervisors, through the Platoon Sergeant present, but it is not necessary. The initial reading can performed with only the Soldier present if they choose.
The second reading, or hearing phase, has to be conducted in the presence of the imposing commander (AR 27-10, para 3-18g). These are normally open hearings, anyone may attend at the discretion of the imposing commander, but the Soldier can request the hearing be closed to only parties involved. The decision whether the hearing is open or closed is up to the imposing commander. Again, open or closed, the commander may require the Soldier’s chain of command to be present.
In any event, a company or field grade Article 15 requires that the Soldier be provided the opportunity to speak with an attorney at Trial Defense Services (TDS) (AR 27-10, para 3-18c). A Soldier can waive this right, but I strongly recommend against it. Speak to the TDS attorney who will ensure your rights are protected.
I hope you found this information useful.
Eck
“I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”
Crystal
I recently rercieved a field grade article 15, which resulted in ONLY loss of 1 rank to E5. If there is nothing in my iPERMs or OMPF upon return stateside to DEMOB can I put the rank back on? If there is nothing on record, should my change of rater NCOER reflect it? My pay still reflects E6.
Anonymous
You say recently but some Article 15s can take up to 90 plus days to get processed through DFAS. Keep in mind that it would have been a better decision if you brought it up to S1 and DFAS the very next month when the changes did not go through. The Army can, and will, take the money from the time the punishment and lost of rank was administered, in extreme cases 6 months or more.
The Army can also issue a NPD (a no pay due) and take all the money at once, I would suggest that you start putting money aside for the date this happens.
I’m wondering if you are still flagged and under what code? When it is time to do the NCOER and other vital paperwork that’s when the Article 15 will be found for sure.
“Any opinions expressed in this article are solely those of the author and do not necessarily represent those of the U.S. Army or the Department of Defense.”
SGT NICK
This is a serious situation and you should have brought it up to your COC, S1, finance as soon as the changes did not happen. The Army can, and will, take any back pay you owe them from the date the punishment and lost of rank was administered. Sometimes all at once resulting in a NPD (no pay due) I strongly recommend you put money aside to prepare for this.
Sometimes, in the extreme cases, paperwork can take up to 180 days to get processed through DFAS and HQDA. Are you still flagged for adverse actions? Did you appeal the decision from your commander? In either case I would not just put your rank back on until possibly a PCS move or Change of Command if in deed the paperwork was unrecoverable.
“Any opinions expressed in this article are solely those of the author and do not necessarily represent those of the U.S. Army or the Department of Defense.”
ECK
Hi Crystal,
SGT Nick provides some good points, but I would definitely recommend not putting your rank back on in any case. A PCS move or Change of Command has nothing to do with reinstatement of rank. Since you were a SSG and reduced to SGT and you were made aware of the reduction through the Article 15 procedure, putting your SSG rank back on without authorization could result in additional UCMJ action for wearing unauthorized rank or insignia.
You should have been provided a copy of the completed Article 15 for your records. If not, request a copy from your unit’s legal office. I did notice you mentioned returning to the states to DEMOB. I am assuming you are reserve or National Guard who has been mobilized. This could be delaying the action also. The Article 15 would have to be forwarded to your reserve/guard unit for them to process the reduction. I have seen reserve/guard units “disregard” actions that were imposed on their Soldiers while deployed with active duty units. This shouldn’t be the case, but it has happened. Check with your reserve/guard unit when you get back.
I hope this helps.
Eck
“The views presented by the author are his own and do not necessarily represent the views of the DoD or its Components.”
Disclaimer: I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.
Crystal
I recently rercieved a field grade article 15, which resulted in ONLY loss of 1 rank to E5. If there is nothing in my iPERMs or OMPF upon return stateside to DEMOB can I put the rank back on? If there is nothing on record, should my change of rater NCOER reflect it? My pay still reflects
Crystal
If I recieve a field grade article 15 with ONLY loss of one rank which brought me to E5. When I go through SRP during DEMOB and there is nothing in my Iperms or OMPF regarding the loss of rank, can I put my E6 back on? My pay is still E6 and there is still nothing in my record pertaining to this. Also if there is nothing in my record upon return stateside, my NCOER
Sgt GArcia
i was given a article 15 hearing this fri with less that 12 hrs notice my acting frist sgt also was not given any notice had no time to to get anything togather my acting smg and co never sat me down to talk about this hearing i was taken down the bg co office she read the offances to me i spoke on my behalf. was asked to step out they called me back in told me i was losing my stripes no on talked to me after. never recived any letter i did not appeal at firstbut im thinking that they did not follow the reg and just wanted to get this over with would like to know if my feeling is rightthank you look forward to hearing from you
SGT NICK
Wow thats an odd one. Now did you actually “lose” your stripes or not? Of course your command can call you in for questioning and depending on what was said have decided to move forward with a counseling recommending UCMJ with the list of infractions. A UCMJ hearing is usually done by the 1SG/CSM depending on which grade in which they read you what your being recommended UCMJ for and that you have the right to talk to TDS. Usually TDS has to sign off on most UCMJ packets anyway. Im having a hard time following your questions if you could elaborate on the forum I can provide clearer guidance.
Hope this Helps!
Eck
SGT Garcia,
Your post is not exactly clear on your situation, but I gather that you received a Field Grade Article 15 since you mention you were losing a stripe. Only a LTC (or higher), in a battalion commander position (or higher), can impose a Field Grade Article 15. The only Article 15 that can be imposed to take rank from a SGT or SSG is a field grade article 15.
A Soldier does not have to be counseled prior to receiving an Article 15. Normally they are, but it is not required. However, a Soldier receiving a Company Grade or Field Grade Article 15 must be provided the opportunity to speak with TDS. This opportunity can be waived by Soldier, but most units want the Soldier to speak with TDS to ensure the Article 15 proceedings are handled appropriately and there is no perception of impropriety.
For a Field Grade Article 15, the way your proceedings should work is that you appear before the commander or his designee (usually the CSM)and that individual reads you the notification phase of the Article 15. They inform you that you are being considered for UCMJ action and you are informed what the charges are. When this session is over, you must be provided the opportunity to speak with TDS prior to the hearing phase.
Once you speak with TDS (or waive the right) you will appear before the imposing commander, the battalion commander normally for a field grade, for the hearing portion of the Article 15 proceedings. ONLY THE COMMANDER can perform the hearing phase of the proceedings. The Soldier will report to the commander, the commander will inform you again of the charges, and ask you you plead, guilty or not guilty. The commander will then let you present your side of the case, ask any questions they may have and rule whether you are guilty or not guilty on each of the charges, if there are more than one. If you are found guilty, then the commander will adjudge sentencing. Once the sentencing is announced, you have the right to decide to appeal or not to appeal the Article 15.
If you elected not to appeal, and now decide to, the appellate authority does not have to accept your appeal. However, if you were not provided the opportunity to speak with TDS, then you may recourse for a violation of your rights.
I would suggest you go speak with TDS at your installation as soon as possible. Within the next 24 to 48 hours at the latest. The TDS attorney will advise you on your rights and any potential recourse you may have. Do not delay in seeking assistance.
I hope you found this helpful.
Eck
“The views presented by the author are his own and do not necessarily represent the views of the DoD or its Components.”
Disclaimer: I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.