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I received my 1st Article 15 reading and then my commander lost my packet- Can they redo the packet?

I was read my Article 15 and have already been to TDS. Afterwards my commander lost the original packet? Can they regenerate the packet and make me sign everything over?

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Yes, it is legal and I have seen this happen on a few occasions.

The way I always recommended this be handled is to provide the Soldier the opportunity to take the reconstructed packet back to TDS just to ensure the Soldier’s rights are protected.  This protects the command and prevents the Soldier from alleging that evidence was in the reconstructed packet that was not in the original packet that was used when he consulted with TDS.

However, if the Soldier reviews the packet and agrees everything is the same, there is nothing wrong with continuing the process with the reconstructed packet.  As the servicing paralegal, I would always put a Memorandum For Record (MFR) into the packet that the original packet was lost and the packet was reconstructed.

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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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