Article 15

[gcw12810]

I am in the Army--- I have a first reading for an Article 15 for testing positive on a drug test. I have turned in statements from witnesses stating that I unknowingly ingested the drug as well as character statements from soldiers in my Unit.

I was told that the Article 15 was the first step and the chapter was still pending.

I have been told I will be getting chaptered out and have already started the separation process.

Is it possible to receive an Article 15 for the charge and than be chaptered out for the exact same offense.

 

[wrongsometimes]

Is it possible to receive an Article 15 for the charge and than be chaptered out for the exact same offense.

You bet.

Article 112a—Wrongful use, possession, etc., of controlled substances


..from the link:

(C) without knowledge of the contraband nature of the substance (for example, a person who possesses cocaine, but actually believes it to be sugar, is not guilty of wrongful possession of cocaine).


You may be innocent of an article 112 charge. Wish to take it to a court martial? That's your choice. You do not have to accept an article 15. Seek legal consul.

 

[gcw12810]

Okay so they give me the article 15 for that offence which I have not signed yet I am seeking legal counsel... but they want to further it with a chapter... in the guidelines of an Article 15 it states that when an Article 15 is given you can not be charged again for the same crime. I did not offend again they are just trying to punish me twice for something I did not do and have witnesses too.

 

[wrongsometimes]

Okay so they give me the article 15 for that offence which I have not signed yet I am seeking legal counsel... but they want to further it with a chapter... in the guidelines of an Article 15 it states that when an Article 15 is given you can not be charged again for the same crime. I did not offend again they are just trying to punish me twice for something I did not do and have witnesses too.

Its called a pattern of misconduct....you can be discharged for getting an article 15.

Never take an article 15 if you are not guilty.

You glowing letters of reference mean nothing. Can you prove you took the drug by mistake ?? If you cannot then you should consider taking the article 15 and accept the resultant discharge.

 

[antrc170]

The Article 15 and the chapters for seperation are two different entities and do not rely upon each other.

The UCMJ which the article falls under is a criminal court where you are tried and sentenced for violations of the rules of conduct (regardless of how they are seen outside the military, the military views them as criminal in nature).

The chapters for seperation are administrative measures where the service decides if you are worthy enough to remain a part of the military. It can use criminal trial evidence to determine your seperation.

Remember OJ? He was found not guilty in the criminal court, but still found at fault on the civil side. You're in the same position basically.

The criminal court can decide that you are either guilty/not guilty and impose a punishment. The administrative side can then decide if you are still at fault for incident and deserve seperation.

 

[gcw12810]

Thanks... thats what I figured they would go for a pattern of misconduct even though I have nothing on my record but this and missing a scheduled doctors appointment.

I am in the process of hiring an attorney just waiting to finish up the paperwork with him.

Thanks for the information.

My family relies on me for our income so fighting this is important.

 

[wrongsometimes]

Thanks... thats what I figured they would go for a pattern of misconduct even though I have nothing on my record but this and missing a scheduled doctors appointment.

I am in the process of hiring an attorney just waiting to finish up the paperwork with him.

Thanks for the information.

My family relies on me for our income so fighting this is important.

You would take the Art.15 w/o the separation ? This can be agreed to as well ... Art. 15 is a wild wild west process.

 

[gcw12810]

Confused by what you mean. If I knew that it was just an Article 15 and that was it and I was not at any risk of getting discharged than I would take the Article 15 simply because I would be able to stay in and keep my benefits for my family and serve my country. I enjoy being in the Army and want to stay in. I just am in a bad situation right now and simply have to prove that I was not at fault!

 

[gcw12810]

What are my chances with a court martial if I deny the Art. 15?

I have statements from witnesses stating I unknowingly ingested the drug as well as character statements from my NCO's.

 

[wrongsometimes]

What are my chances with a court martial if I deny the Art. 15?

I have statements from witnesses stating I unknowingly ingested the drug as well as character statements from my NCO's.

Well, they have 2 things to do:

1) file a court martial
2) win the case

Hard to say your chances ... may depend on how the officer's feel about your witnesses and specific facts or allegations of facts regarding the ingestion.

What does your lawyer say .. you can tell him every bit of detail of the case. Much may depend on details.

 

[wrongsometimes]

I just am in a bad situation right now and simply have to prove that I was not at fault!

At least you understand this ... and yes, you FAILED a drug test ... you are lucky that the UCMJ allows you any defense at all that is viable.

What drug(s) were shown in your test?

Ingesting some doped brownies may be plausible .. ingesting coke, not so much.

 

[gcw12810]

Reply to wrongsometimes

THC was what was shown in the test.

I have a witness that clearly states that he did put the brownies out without as a joke (prank) and that he did forgot to tell me not to eat them because he knew I could not take any sort of drugs because being in the military.

He is a civilian and a teenager.

The rest of the witnesses are people who were at the party who knew what happened after the kid confessed as well as my wife who ate them as well (who as well had no idea what was in them.)

 

[gcw12810]

I may add this was a family Christmas party where I was on leave. However, the way I took my leave I returned back to my unit about 5 days later where 100% drug test were given!

 

[wrongsometimes]

Well, now you have problems ... are the witnesses willing to travel to your area to testify?

 

[gcw12810]

Well, now you have problems ... are the witnesses willing to travel to your area to testify?

Some are.... the kid is not even though there is a statement... he is afraid that he will be punished for having drugs.