With the drawdown going strong, the military is looking for discriminators to ensure only Soldiers with good records can reenlist. We now have Brigade Commanders reviewing Soldier performance history to see if they should be allowed to REUP! Team, this is serious when your future is in the hands of a Colonel and not your company commander.
Now more than ever, it is apparent that reenlistment is a privilege and not a right. Negative portions of your records will be reviewed with a fine tooth comb. In the old days a Soldier who made an honest mistake and received an Article 15 usually had the ability to recover from the event. This was especially true if the mistake was brought on by a lack of judgement based on immaturity or lack of experience. Those days are gone… at least for the next 24-36 months. To make a long story short, you need to watch your step. Do you value your career? Avoid Article 15 at all costs.
What can you do to improve your chances of recovery?
If we are talking about a relatively minor offense it may be within your power to take certain measures and prevent the Article 15 from proceeding. You will probably have the greatest chance of success if you take action prior to being counseled, but you can attempt to react after the counseling session as well. I suggest you act as quickly as possible.
Step One: Assess the Situation
Try to think about the situation from an objective point of view. Answer the following questions:
- What happened?
- Why did it happen?
- Are you responsible for what happened?
- Did it happen as a result of a lack of discipline, poor judgment, lack of knowledge, etc?
- Why do you believe your leader recommended the Article 15?
- Does your leader usually recommend Article 15’s?
- If you were a leader in the same situation would you recommend an Article 15 if your Soldier did the same thing?
Step Two: Assess the Leader
After you have answered the questions above you need to begin planning how you will approach your leader. Everyone has quirks and tendencies. You will have better chances if you consider your audience:
- What type of leader is he/she?
- Do they appear to be taking pleasuring in recommending the Article 15?
- Are they trying to educate you and correct substandard performance?
- Do you feel you can approach the leader?
- What is your leader’s personality?
- What would be the best time to approach your leader?
- How could you best approach the issue with your leader?
Step Three: Consider Human Nature
You must realize that very few leaders take joy or pride in recommending an Article 15. Some may initially make the recommendation out of emotion and then feel they cannot retreat from the decision, others may recommend an Article 15 because they are young and do not know or understand other methods that may be appropriate for dealing with the issue at hand. Sometimes you deserve to be recommended for an Article 15 because you have overstepped your bounds or have a history of ignoring your leader and he/she has had their fill.
Regardless of the reason the Article 15 was recommended, you need to understand human nature and how it impacts a person’s decision making process. If you approach your leader in a manner that is sincere and humble you may be able to convince them to be empathetic to your cause and seek a suitable alternative to Article 15 proceedings.
Step Four: Plan the Approach
Once you have answered the questions above it is time to contemplate your approach. Do this by placing yourself in the leader’s position and thinking about the issue from his/her perspective. Then come up with an approach you think will satisfy the leader’s desire to correct and educate you with regard to your substandard behavior.
Example:
Let’s say you were disrespectful to a leader in the presence of other Soldiers. Your leader has counseled you and stated he intends to recommend an Article 15 for disrespect.
Allow the situation to calm down a little to ensure emotions are removed as best as possible. Then, approach the leader at an appropriate time and place with the utmost respect using all military protocol and discipline that is appropriate. Be absolutely respectful. The conversation might go something like this:
Soldier: Sergeant, do you have a moment? I would like to speak with you about an important personal issue.
Leader: Yes, proceed.
Soldier: First I want to apologize for my behavior this afternoon. I have thought about my actions and accept full responsibility for my inappropriate behavior. It was not only disrespectful to you but also prejudicial to the good order and discipline of the unit, and I understand such conduct cannot be tolerated. I would like to offer the following suggestions for corrective action on my part: (1) would like to apologize to you and the chain of command in a public apology to the unit during the next formation, and (2) prepare a formal written apology to you. (3) I would like to conduct a class to the unit on why disrespect cannot be tolerated.
There is no excuse for my actions and I will do my best to ensure I never lose my military bearing again in the future I have learned a very serious and valuable lesson from this event.
I fully understand your decision to recommend an Article 15 and respect your decision. I would like to ask for your personal forgiveness in this matter and ask that if you can find it in your heart not to recommend an Article 15 I would be most appreciative and I will give you my word that you will have no other issues with me. I have also realized that my substandard performance will impact my family and most likely my future in the military. While I understand this is completely a result of my actions I hope you will find it in your heart to allow me to learn from this lapse in judgment in a manner that allows me to grow from this situation and become a better Soldier.
Should you proceed with the recommendation for an Article 15 I fully understand and respect your decision and will do my best to execute whatever punishment is given me to the best of my ability. I will also do my best to serve you and the unit the best of my ability until I ETS as I understand with the drawndown in full swing my actions have most likely cost me my military career. I greatly appreciate your time.
Upon hearing a sincere plea like this, most leaders will be taken aback. All of us have been in positions like this. We all want a leader to show us some compassion from time to time. Depending on the specifics of the issue at hand, this approach will give you a good chance of convincing the leader to withdaw their recommendation. Of course the final decision depends on what transpired, how severe the offense was, the overall impact on the unit, how bad the leader was personally offended, and your reputation. Each case will be different, but if it was a minor infraction you stand a good chance at success.
Chances are if you can remove the emotion from the issue, all the leader wants is for you to correct your substandard performance/behavior and be a productive Soldier.
Do not waste your time trying to Manipulate the system
If you are looking at this plan of action as some form of manipulation or as a way to get one over on the chain of command you have missed the point. This approach must be used from an honest, sincere, and humble perspective. If you use it in any other way you can expect it to backfire on you. Your leader will either detect your insincere attitude up front or will fry you when you get in trouble the second time around. At that point, you can bet you are toast because the leadership will feel that you took advantage of their compassion. No one likes to be in that position.
Legal Perspective
If you take this course of action, know that you just admitted guilt. Going to the Article 15 proceeding after doing something like this most likely means you have given up all chance to win the case. The good news is by doing this and conducting yourself in the same manner at the Article 15 hearing you will most likely reduce the possibility of maximum punishment and mostly likely end up with a better chance of getting suspended punishments and extra duty. Choose your course of action carefully. I’m not a lawyer.
Why did I write this Article?
Most leaders truly want their Soldiers to do well. I know it does not always seem this way when you are looking at it from a subordinate perspective. Many times subordinates think leaders lay awake at night thinking of ways to make their Soldier’s lives miserable. I can assure you your leaders have more important things to worry about.
When a Soldier can learn from their own mistakes and be a productive Soldier everyone wins. When a Soldier truly gets it, can take responsibility, and is willing to come up with fitting corrective action (public apology, written apology, teaching a class to the unit), leadership can usually see the humility in the situation and is more willing to be empathic in finding solutions to the issue rather than an Article 15.
Remember, I sat on the other side during the Article 15 process. The words of wisdom I am providing come from many years of experience. Treat people like you want to be treated and you will be surprised at what that does for you from a personal and professional perspective. On a personal note, a leader provided me a second chance once upon a time and I never forgot that leader’s empathy. He instilled a deep sense of loyalty and respect in me because he helped me when he was under no obligation to do so.
Summary
If you are dumb enough or unfortunate enough to get in this type of trouble, be smart enough to understand how to recover from it in the best possible way. Nobody can guarantee success when you are dealing with an issue like this, but it will in most cases improve your chances of having the recommendation revoked and your punishment significantly reduced.
If you are problem child rather than a one-time or occasional offender, odds are this approach will not work for you but neither will denying or fighting the issue unless there are extenuating circumstances. If you are reading this because you are in a jam, I hope this will be a useful document for you and I hope it will assist you in a manner that provides you a second chance with regard to your military career during this difficult drawdown.
If you are reading this article you might also find these related articles useful:
Counseling and Article 15 Leader Responsibilities
Soldier Decisions and Recourse During Article 15 Proceedings
If you are looking for legal advice pertaining to Article 15 or other UCMJ proceedings, we suggest you consult a lawyer with JAG experience. If you are having trouble finding this kind of help, contact us and we will try to point you in the right direction.
Comments
Charlon
Hey….What does it mean if someone is being investigated by the US Army Criminal Investigation Command? My husband says it isn’t serious but something is not right. Someone turned him in on the DoD online fraud hotline for giving out some of his soldiers SSNs. But the case was transferred to the criminal investigations command. He got people (civilian friends he wad supposed to pay) to help him write counselings and gave out the soldier’s SSNs.
Whoever turned him in also submitted screenshots of the counselings and NCOERs that they had saved on their computer. We haven’t heard anything else, does this mean that they are done and not pursuing or could they still be investigating?
My husband is downplaying this, but I know this has to be serious. He is a staff sergeant and already has a Field Grade Article 15 in his file along with 2 letters of reprimand. He has been in 12 years but seems as though he can’t make it past E-6. Please help.
Mark Gerecht
This usually means the matter is serious. If you husband is being investigated he should be flagged under AR 600-8-2 which stops all favorable actions. When the investigation is complete they will remove the flag and this will be the indication the investigation is complete. Another way is for your husband to contact the investigating officer and ask what the status of this case is, he can also do this through his 1SG or company commander.
Hope this helps
TOP
JD
i was getting an article 15 and my command lost the paper work can they get me again
Mark Gerecht
They have up to two years to complete action under the Article 15 process.
Eck
CSM Gerecht is absolutely correct. The command has to bring charges within two years of the offense date.
To answer your question there are really two scenarios:
1) If the paperwork was lost after the Article 15 went through the entire process then the command would just have to recreate the paperwork with the exact same findings (not guilty/guilty and punishment imposed) as was announced originally.
2) If the paperwork was lost before the imposing decided innocent or guilt, then the command just has to recreate the paperwork and start the process all over, to include allowing you to speak with TDS if the Article 15 is a Company or Field Grade Article 15.
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.”
Michael Lybbert
Hi currently going through personal problems, I work really hard get the mission done. My main real problem though is how I feel I am held to a differnt standard. Either way because my personal life started becoming a reck my work performance is really lacking now. When I started to relize I needed help I went out to get it. I am not sure how the unit is going to react yet, but I don’t think it will be good. I was not told if paperwork was administered, I signed a counseling statement and I put on it that I am getting the help I needed at that moment. I am not sure what there next plan of action is however. If they were going to administer a article 15 would they tell me about it?
Eck
Hi Michael,
If the command is going to administer an Article 15, you will be notified. The commander normally will have the first sergeant read the first portion of the Article 15, then you are allowed to go see TDS. This applies to a company grade or field grade article 15. If you receive a Summarized Article 15, then you are not entitled to speak with TDS. The reason for that is the max punishment on a Summarized Article 15 is 14 days extra duty and 14 days restriction. You can not lose rank or money from a Summarized Article 15.
Now, if you are going through some personal issues and are seeking help from Behavioral Health or the chaplain or some other form of counseling, then most commanders will take that into consideration. This also depends upon the nature or severity of the misconduct or decline in work performance.
I would suggest having a sit down with your first line, platoon sergeant or even utilize the first sergeant’s open door policy and keep them informed of your situation. If you have proven in the past to be a strong performer and now are having personal issues, most commands will support you and get you the help you need as long as you are up front and honest with them.
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.”
Eck
I am not aware of any policy changes or “new doctrine” specifically geared to Washington or Colorado in regards to the recent legalization of marijuana in each state. Actually, the policy was reemphasized that it is the same that it always has been; possession and/or use of illicit drugs is against the UCMJ and punishable accordingly.
This is probably not the answer you are looking for, but you are accountable for your own actions. If you knew there was marijuana use in your “battle buddy’s” home, you should have stayed away. If you do use tobacco products, you should have made sure you only smoked that which you personally purchased and maintained positive control of. You knowingly put yourself in a position that exposed you to marijuana use; either directly through the black and mild or by second hand smoke. If your “battle buddy’s” residence is on base, then she can be charged for allowing illegal drugs on federal property, even if it is legal for her children off the federal installation.
As far as getting your punishment reduced or overturned, it does not look promising for you. I hope you spoke with TDS when you were going through your Article 15 proceedings and explained all this to them. However, you had the option to turn down the Article 15 and go to courts-martial or appeal the article 15 to the appellate authority. If it has been over 5 days since punishment was imposed your right to appeal has expired.
In any event, you can speak with TDS, provide the information to them, if you haven’t already, and develop a course of action based on their advice.
I hope this helps.
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.”
SGT NICK
Below is the link to where I got the reference from Eck.
Thanks,
http://www.armytimes.com/apps/pbcs.dll/article?AID=2012212240333
Eck
Nick,
The article you reference is speaking about how military installation will have to consider how they deal with dependents, contractors, civilian employees, etc., who legally use marijuana off base and then come on base “high” or bring marijuana on base and get caught. The article does not address the issue of Soldiers who may “accidentally” ingest marijuana from someone who can use it legally.
The point of my first response was to clarify that marijuana is still prohibited to use by Soldiers, regardless of how they ingested it and as Soldiers, we are responsible for our actions. Knowingly going to a residence where you know marijuana is used is only putting yourself at risk. Stay away from it.
There is no new doctrine pertaining to marijuana use, possession, cultivation, etc on military installations by anyone or “accidental” use by military personnel. Nothing has changed. It is still against Federal Law, DOD policies and for military members, the UCMJ.
The impression should not be given that if a Soldier turns up positive for THC in Washington or Colorado they can claim, “I never knowingly used marijuana. My food, cigar, etc must have been spiked by someone who could use it legally.” That defense will not fly. The Soldier would not have to prove that they ingested it unknowingly, i.e. statement from “battle buddy’s child”, but they would have to prove to the command/court martial that they did not use it knowingly. Much harder to prove given the Soldier was knowingly going to a place where it was being used, legally or not.
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.”
SGT NICK
“I have a battle buddy in my battalion and her kids smoke it but know to stay away from us with that smoking. They are of age bcs it is legal in the state of Washington.”
Okay these “kids” must be 21 or over to buy it and your battle buddy is NOT a battle buddy for allowing this behavior to continue around them and other Soldiers.
A better route would be to take the people that laced the drug with weed and not telling you to court for monetary damages. This is no different then spiking alcohol with drugs, a serious offense.
The Army is working with installation commanders in Washington and Colorado to release a new doctrine in handling these types of cases, I do not think it has been released yet. You can check with your local TDS office to be updated on it.
As for getting the case removed many will look at you for being guilty by association it seems you want a clean slate AND you want the people that gave you a drug with THC in it disguised as a tobacco product to walk as well. You have a choice you to make if your story is as true as you wrote it. Take civil action to get money from damages the drug did to your career.
Mykah D. Ward
my situation is quite complex….i am or was an E4 but reduced to an E1 due to a positive confirmation on a urinalysis. I have received a field grade article 15,the thing is i do not smoke weed nor do i hang with people that do it. I have a battle buddy in my battalion and her kids smoke it but know to stay away from us with that smoking. They are of age bcs it is legal in the state of Washington. I advised her daughter of what happened and she informed me after saying sorry that a black and mild was indeed laced with weed,so in fact i was not at all knowing it was laced wich caused off of my troubles. I have never ever received not any a negative counseling this is the only thing negative on my record, and I have received awards for my performance. How would i go about getting my rank back and getting this reduced and or removed from my record due to me doing the right thing and not being knowlegeable of the black and mild being laced.
She has also said that she will come in and tell the BC that it was her fault that i came up positive.. how do you think this would turn out and wouled she or her mother my battle buddy get in trouble bcs of this
Part-Time-Commander
Great article, Mark. I always told soldier to think of things from the other person’s perspective. That is a great way to connect with your leader and potentially present a different solution or option.
Like you said, most leaders don’t want to ruin their soldiers’ careers. I know I didn’t. If you can “man up” and admit that you were wrong, and recommend a different form of punishment, it might just work in your favor.
Chuck
Ruth Marz
Sir, this is my son’s first enlistment and he did something stupid and came up positive on a drug test. Now, I am not condoning what he did..he voilated an UMCJ, however, he had been harrassed and belittled by his NCO, anyway he suffers from anxiety which was discovered before going to Afghanistan and coming up positive, to make a long story short, They gave him an article 15 general discharge under honorable conditions and extra duty and from an E-4 to an E-1. My concern is I understand he voilated UMCJ, but my understanding of Article 600-8-19 in chap 10, is if he is a CPL/SPC he needs to have a reduction board before reducing to an E-1. I understand that a company commander can only reduce one grade and a field commander can bust down to an E-1. However, it does not list either a company Article 15 or a Field Grade Article 15. So regardless what Article it is their needs to be a reduction board correct? Thank you for any information you can give.
Mark Gerecht
Ruth,
Reduction boards for misconduct are very rare and require certain criteria be met. Under the conditions you described to me a reduction board would not be required as reductions boards IAW AR 600-8-19 paragraph 10-3 for misconduct must involve: A Soldier convicted by a civil court (domestic or foreign) or adjudged a juvenile offender by a civil court (domestic or foreign) will be reduced or considered for reduction according to table 10–2, below. Juvenile offender includes adjudication as a juvenile delinquent, wayward minor, or youthful offender.
When a Soldier receives punishment under UCMJ, reductions boards in my experience are not required. Therefore a reduction from E-4 to E-1 by a field grade commander would be legitimate.
I would suggest you look into the following issues:
1. You stated there may be medical issues involved. Has he filed for any medical disability from the VA? It is important that he get his medical records and go through them with a fine tooth comb to ensure he receives compensation for any medical condition associated with military service.
2. You might also want to look into getting his discharge upgraded. It is not easy to do but if it is upgraded it will at least lift the stigma associated with general discharge.
Did you find this information useful? We appreciate your feedback!
TOP
Ruth
Thanks. Very useful
SGT NICK
On top of what TOP said make sure he goes to Army Substance Abuse Program (ASAP) and other drug abuse programs around post. It will help with the appeal to upgrade the discharge if he has certificates completing multiple programs successfully. Counselors can write recommendations that can be attached to the appeal.
As for the NCO being unprofessional its called admonishment. The whole process is painfull, as soon as someone pisses hot everyone is screaming and it just rolls down hill from there.
Ruth
Thanks