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Soldier Decisions and Recourse during Article 15 proceedings

What happens after the decision has been made to pursue Article 15 action? The following general advice is written primarily for Soldiers facing Article 15 punishment and leaders who have subordinates undergoing an Article 15. The focus is on Soldiers, but the same principles apply to Sailors, Marines, Airmen, and Coast Guardsmen.

Soldier Decisions

Soldiers must decide if they will accept Article 15 proceedings or elect for court-martial

Soldiers must decide if they will accept Article 15 proceedings or elect for court-martial

Soldiers may accept or not accept Article 15 as a way to dispose of misconduct charges (assuming they are not embarked in a vessel). If the Soldier accepts Article 15, that is not by itself ‘pleading guilty.’ There is still the choice to plead guilty or not guilty.

posted on 12/30/2011 under Articles
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CDR Philip D. Cave, JAGC, USN (Ret.) has 32 years of military and security clearance law experience. Having handled cases from all branches of service, Philip is the resident legal guru on the AskTOP SME Panel. If you are facing adverse action, losing your security clearance, being labeled with an AWOL status, or otherwise seeking a professional Case Evaluation, visit Philip’s website to learn how he can help you. court-martial.com

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