The military has no tolerance for misconduct, no matter how minor. With this in mind, service members must act immediately when accusations of Uniform Code of Military Justice (UCMJ) violations are brought against them, as any offense could lead to severe repercussions that have the potential to affect careers.
Individuals in the armed forces accused of engaging in conduct unbecoming of a service member could find themselves in a dire situation, which may involve being asked to be present at an Article 15 hearing.
What is an Article 15 hearing?
The military has a wide array of tools at its disposal for handling service member misconduct. One of the most commonly employed methods for addressing minor misconduct is an
Article 15 hearing. Article 15 hearings are non-judicial punishment for UCMJ violations and are conducted to instill good order and discipline at a Commander’s level without pursuing a Court Martial.
A commander will conduct the hearing and examine the evidence against the service member, in addition to any evidence provided by the accused. Once the evidence has been presented, the commander will decide if the accused is guilty of the allegations against them and hand down the appropriate punishment.
A summarized Article 15 is the lowest level of Article 15.
More severe offenses may require a Command Grade Article 15 hearing, in which a commander will supervise the process. Guilty personnel could face up to 14 days of restriction and extra duties, admonishment, forfeiture of pay for a week and a reduction in rank.
A Field Grade Article 15 is the next most severe type and conducted by a Battalion Commander or higher. The punishments associated with this type of hearing include up to 45 days of extra duty and restriction, a verbal reprimand, forfeiture of 50% of pay for two months and a rank reduction.
What rights do accused service members have?
As with any hearing or trial, the accused always has rights. First, personnel have the right to retain legal representation. Individuals also have the right to examine the evidence and allegations against them. Furthermore, service members retain the right to appear at the hearing, remain silent, have a spokesperson advocate for them and present evidence to refute the accusations.
Personnel can also refuse to appear at an Article 15 hearing and opt for a court-martial trial instead if they wish. Finally, if they are found guilty, the accused can appeal the decision, but they must do so within five days.
There is much to consider when confronted with the reality of attending an Article 15 hearing. A law firm with extensive military law experience can help personnel determine if appearing at the hearing is in their best interest or if they should request a court-martial trial. Legal representation can also help individuals construct a case that shows them in a positive light.
