This response is based on the information you provided. You should seek guidance from the chain of command jag and or the IG before making a final decision.
Unfortunately the article 15 can be administered by the new chain of command without an issue. However the final decision will be made by the new command team. They can choose to administer the article 15 or simply decide not to move forward with the issue. Most likely it will depend on the specifics or the situation and how serious the issue is.
The outgoing commander might even forget to brief the new commander on the issue. The current command team might just want you to sweat it out right now and let the issue die when they leave. You might want to just lay low and really do your best to be the best soldier possible until the new chain command arrives.
Consider volunteering for soldier of the month/quarter boards. Just do everything you can to be a great soldier. That could make all the difference in the world. Maybe the chain of command sees this and decides not to move forward because they see the change in your performance. If they move forward with the article 15 you can show that you have taken the issue seriously and changed your behavior and decided to use it as a lesson learned. There is no downside to doing your best from this point forward. It also allows your squad and platoon leadership to stand up for you.
If they decide to move forward with the article 15 you can contact me at Mark.Gerecht@mentorinc.us and we can discuss the specifics. If the issue.
Hope you found this useful. Also check out our YouTube channel. Mentor Military. It Has a lot of useful information about numerous subjects including UCMJ.
Respectfully
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Hope this helps to some degree.
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