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I do not believe my Article 15 punishment was fair, what can I do.

I recently received a field grade article 15 for violating curfew in Korea I was given the maximum punishment. My question is how can I fight this if I know others that have been found guilty of the same offense and did not get busted and only got 30 days of extra duty

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Your only recourse is to appeal the Article 15.  You were provided this opportunity during the hearing.  If you elected not to appeal you can go back and ask to appeal but there is no requirement for the command to honor your request.  In some cases the command may honor your request.

Punishments do not have to be the same

Keep in mind a commander is allowed to consider numerous factors when determining punishment under the proceedings of an Article 15.  Some of these factors include: age, experience, maturity, duty performance, etc.  There is no requirement that individuals who commit the same offense be punished in the same manner.

 

Appealing

If you are granted the appeal you should provide matters in extenuation and mitigation.  Basically showing the command why your punishment should be reduced or thrown out.  You can even take your time and prepare a written response to be included with your appeal or you can request to see the appealing authority in person.

If you decide to appeal make sure your appeal is: factual, professional, calm, and unemotional.

Related Posts

You might want to review the following ASKTOP.net Posts:

Can I appeal an Article 15 after I initially decline? 

Soldier Decisions and Recourse during an Article 15 Proceeding 

 

Hope this Helps!

Did you find this information useful?  I would appreciate your feedback!

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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