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Can I withdraw an Article 15 appeal?

Can I withdraw my appeal under the Article 15 process?

Yes. As long as the appellate authority has not decided on your appeal, you may withdraw it.

Normally, your unit’s servicing JAG office will have you sign a memorandum for record that you voluntarily withdrew your appeal.

My concern would be, why are you withdrawing your appeal? The appellate authority can not make your punishment worse; the appellate authority can only leave the punishment the same or lessen it.

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.

posted on 06/04/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “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.”

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