I had an accidental discharge happen while getting ready to clean my personal firearm I was counseled and it stated that my company commander is forcing me to pay for a civilian firearm course or face an Article 15. My question is, can he do that?
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility. I received the following response from our Legal SME: No. The commander cannot force him to take a civilian course or make him pay for it. If the discharge happened off base then the commander has no jurisdiction. If it happened in on base housing the PMO would most likely have cited him. While the Soldier cannot go to JAG, they can go to legal assistance or even the IG. If the Soldier is given an article 15, he would then be afforded the right to speak with TDS. Also, the commander cannot use the threat of an article 15 to force a Soldier to spend their own money on something. Remember to seek guidance from certified agencies before making any decisions on this issue! CHECKOUT OUR YOUTUBE CHANNEL: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA Hope this helps to some degree. FOLLOW US Facebook/Twitter/Newsletter Facebook: https://www.facebook.com/MentorMilitary/ Facebook: https://www.facebook.com/Asktop/ Newsletter: http://eepurl.com/bjcYH YOUTUBE: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA Twitter: https://twitter.com/AskTOP Websites:
Disclaimer: Though all content posted on AskTOP.net is reviewed by our qualified subject matter experts, you should not make decisions based solely on the information contained in this post. Use information from multiple sources when making important professional decisions. This is not an official government website.
AskTOP is a blog that connects you to a network of active and retired military leaders who answer your Army leadership questions. Do you have a question about Army doctrine? Have you been confronted by an ethical dilemma? Are you looking for an unbiased outside opinion? Submit your question and AskTOP!
Information on AskTOP is categorized into a number of subject areas for convenient browsing. Use the Subject drop-down menu in the main navigation bar to choose from a wide variety of topics including Army Awards, Army Counseling, Army Corrective Training, Army Inspections, Army Leadership, Women in the Army, Army Promotions, Army Training, and Military Justice.
AskTOP is hosted by CSM Mark Gerecht (US Army Retired) and features guest articles authored by a number of qualified Subject Matter Experts.
All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or in any way exploited without the prior written permission of Mentor Enterprises, Inc. or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
Ask Your Question
AskTOP.com is a site to offer guidance and advice to Soldiers like yourself.
Are you confronted with an ethical dilemma? Do you have a question about Army regulation? Need an outside opinion and don't know where to turn? You've come to the right place.
Simply fill out this form, and we'll get back to you as soon as we can.