Advice on Field Grade article 15

[JohnJones81]

Hello, I have been recently charged with an article 15, field grade, for having sensative items in my car. This is my first time I've ever gotten in trouble, and I've been in 15 months. The story behind this is I went to the field for 4 weeks, with a 6 day break in between. During that 6 day break, my lieutenant told my driver and I, to NEVER give up our sensative items unless he was there, because our driver gave up a cvc to another track. I have 4 other witnesses that can vouch for me that the lt did say that. We go to the field for another week, and i developed the flu while out there, and had to be sent home. A 1st Sgt escorted me back to the base in a humve, in which I had the 2 sensative items. We get to the base, and he gets out and walks to his battery, all without saying a word to me. I stood there for nearly 15 minutes, because I thought maybe he was taking the SI. Against my poorer judgement, I got sick of waiting for him, because I was throwing up and had a fever, so I took the si with me in my pov, not knowing that you weren't allowed to have sensative items in your car. I got a call about an hour later from the 1st Sgt yelling at me to bring back the items, which I immediately did. I few days went by, and my 1st sergeant told me I was receiving a field grade article 15. While I think I do deserve punishment, I do not believe I should get a field grade, as I was following a direct order to not give anyone the items since my LT wasn't there, and unknowingly took the items in my pov, not knowing it was against the rules. I need advice on whether to appeal it, turn it down, or just accept my fate. Thanks.

 

[drruthless]

Hello, I have been recently charged with an article 15, field grade, for having sensative items in my car. This is my first time I've ever gotten in trouble, and I've been in 15 months. The story behind this is I went to the field for 4 weeks, with a 6 day break in between. During that 6 day break, my lieutenant told my driver and I, to NEVER give up our sensative items unless he was there, because our driver gave up a cvc to another track. I have 4 other witnesses that can vouch for me that the lt did say that. We go to the field for another week, and i developed the flu while out there, and had to be sent home. A 1st Sgt escorted me back to the base in a humve, in which I had the 2 sensative items. We get to the base, and he gets out and walks to his battery, all without saying a word to me. I stood there for nearly 15 minutes, because I thought maybe he was taking the SI. Against my poorer judgement, I got sick of waiting for him, because I was throwing up and had a fever, so I took the si with me in my pov, not knowing that you weren't allowed to have sensative items in your car. I got a call about an hour later from the 1st Sgt yelling at me to bring back the items, which I immediately did. I few days went by, and my 1st sergeant told me I was receiving a field grade article 15. While I think I do deserve punishment, I do not believe I should get a field grade, as I was following a direct order to not give anyone the items since my LT wasn't there, and unknowingly took the items in my pov, not knowing it was against the rules. I need advice on whether to appeal it, turn it down, or just accept my fate. Thanks.

Here's what I found,
When reviewing the circumstances surrounding an incident of misconduct, the commander will ensure that prior to processing an Article 15, an actual offense under the UCMJ was committed. He ensures the alleged offense violated the UCMJ, Army Regulations, Army Policy, a lawful order, local laws or some other rule the soldier had a duty to obey.
The soldier is informed that the commander has started nonjudicial punishment (Article 15) procedures against him. Once the commander has conducted the hearing and if he decides that the accused is (a) guilty and (b) needs to be punished, he will prescribe punishment that fits the offense(s). Soldiers may present evidence at Article 15 hearings. Evidence would be something that shows a soldier is not guilty of the alleged offense(s). A soldier may also present matters in extenuation and mitigation, which are reasons why he should be punished less or not at all.
The level of proof is the same at both an Article 15 hearing and a court-martial; the imposing commander must be convinced of the accused soldier's guilt by the evidence presented before the soldier can be found guilty. Whatever the outcome of the hearing, an Article 15 is not considered a conviction and will not appear in your civilian record. On the other hand, if you demand a trial by court-martial and are convicted, this would be a federal conviction that would stay with you even after you leave the Army. No lawyers are involved in the Article 15 hearing however, the soldier has the right to speak with an attorney prior to accepting proceedings under Article 15. There is also no prosecutor at an Article 15 hearing. At a courtmartial, a military lawyer may represent the accused at no cost to the soldier, and there would also be a prosecutor present

This @ss chewing got a little more teeth to it, Id suggest you speak to somebody at the JAG office. You probably didn't have anything more sensitive than the brigade commanders lunch order but you did fail to follow protocol.
Good luck private.
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