The Soldier can request correctional custody (7 days max for Company Grade or 30 days max for a Field Grade Art 15). Correctional custody may only be given to E3 and below. A SPC or CPL who was given an unsuspended reduction to E3 or below may also be given correctional custody. However, the location where the Article 15 is given must have a correctional facility. Most bases no longer have a correctional facility. The holding cell at the MP station does not qualify. It has to be a correctional facility such as the Northwest Regional Correctional Facility at JBLM, Fort Leavenworth, etc.
Even if the Soldier is in one of those places, I have NEVER seen correctional custody given on an Article 15. Why let the Soldier sit in jail and do nothing for 30 days when you can have them perform extra duty for 45 on a field grade. Only time I have seen confinement is at a summary court-martial and higher.
AR 27-10 Chapter 3 covers these issues
ECK is one of our SME’s Please Note: “ECK is not an attorney. The opinions expressed are my own and are not to be in anyway interpreted or inferred as legal advice.”
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