Article 15 Appeal - Awol

[wwg6983]

What is the name of your state? Ga

My case is a little bit differnt then most peoples. Lemme quickly explain and then ill post my appeal letter.

Im in the army and on memorial day weekend i had a mileage pass to leave out of state to see my grandfather who is sick with cancer. I was allowed to leave Friday after just checking in at morning formation. Thursday night my mother called and told me My grandfather reacted violently to a chemo treatment. They were on thier way ASAP to go help with him. They didnt have time to secure my mothers buisness ( she raises dogs for a living since shes been laid off for a few months now) and or secure the house and they forgot to leave the money for the dog sitter. I told them to just go take care of my grandfather and id deal with the house. I left immideatly thursday night. I called my NCO and got his voicemail. I told him over voicemail my situation. I then contacted the CPL above me and told him the deal and told him to make sure my NCO checked his voice mail. He did. My Platoon SGT called me when i was on the plane friday around 10 am that I was AWOL. I forgot to grab a phone roster and I didnt have his Cell # in my new cell. So I called multiple NCO's in my platoon hoping to get in contact with any one. No answers all voice mails. I left voicemails and called 1 or 2 back mulitple times to no avail. Upon my return i was given an Article 15 for going awol. Thats not the part im appealing. They maxed me out. 14/14 and 7 days pay (thats suspended pending my behavior over the next 90 days.) and Reduction in rank. (I was one of the only 2 E-4's at my unit) now i am the ONLY E-3 in my unit (Im at an AFB with Intel Flyers and its mostly SGT's here)... I feel that I did my best to contact people and due to my circumstances a maxxed article 15 is un just. on top of that i was not given the full 48 hrs to prepare my defense and my CO cut me short when I was explaining my self. he said " I dont wanna hear your story I already know it".



well heres my Appeal letter.
I have until this up coming monday to get this appeal done. Any suggestions. if so PLEASe email me at [email]wwg6983@yahoo.com[/email] or [email]michael.d.isaacs@us.army.mil[/email]

I feel i have a good strong case for this appeal.

----------------------------------------------------------------------------------

MEMORANDUM THRU ---------------

FOR Commander, -----------------

SUBJECT: Article 15 Appeal; Isaacs, Michael PFC, xxx-xx-xxxx

1. I was administered nonjudicial punishment for a violation of Article , UCMJ. The Company commander reduced me to the grade of PFC/E-3, 14 days extra duty / 14 days restriction and forfeiture of 7 days of pay. The forfeiture of pay is suspended pending my behavior over the next 90 days. I request the punishment be mitigated by restoring me to the Rank of SPC/E-4.

2. The following matters are submitted in support of this request:

a. Commands Failure to take my mitigating circumstance into consideration, the situation is as follows: My grandfather is 81 yr’s old and has cancer. I had submitted a pass for Memorial Day weekend to go see him. My family knew with the chemo treatment and the cancer he might not have long to live. This mileage pass was for the 4 day weekend which was Saturday – Tuesday. I had purchased a ticket to leave Friday afternoon knowing my company was going to let us out early. My NCOIC, SFC Leibensperger, knew of this and was going to let me off even earlier then the company. On that Thursday night before our four day weekend around 10:00 pm at night my mother called to inform me that my grandfather had reacted violently to a chemo treatment. My family left that night for the airport to go assist with my grandfather’s care. Due to the nature of their rush they did not have time to secure my mothers business and or take care of matters at home. I informed them that I would take care of it and for them to go take care of my grandfather as soon as they can. I immediately threw some clothes into my car and was heading out to my family’s house, which is about a 2 hour drive from base. As I was leaving I called my class leader, I got his voicemail. I left him a voice mail explaining my situation and telling him I would take a day of emergency leave to cover me missing the Friday morning formation. Since I did not have positive contact with a person I then called Cpl Isaacs, I informed CPL Isaacs of my situation and told him to make sure SFC Main, my class leader got my voice mail.

b. Failure by my NCOs’ to return my calls during this time: In the middle of going through security at the airport I received a phone call from SGT Swanson asking me to call him or the office ASAP. Approximately 10 minutes later after going thru security and reaching my gate I called SGT Swanson and got a voice mail. I left a voicemail and explained that I had one hour until my flight was to leave, and to please call me back. Knowing this was about me leaving early I called him back again every 20 minutes. Upon landing I had a phone call from my NCOIC informing me that I was AWOL. This was to my surprise as I informed my class leader and a CPL in my class of my situation. Due to me being in-flight I had my phone off, and his number was not in my phone. I called SGT Swanson back and again received a voicemail, I then called SFC Main, and CPL Isaacs again, all voicemails. I left voicemails and told them I did not have SGT. LB’s phone number for them to call me back ASAP so I can get this cleared up. From that point forward I felt as If I had done everything in my power to try and get in contact with ANY one in my chain of command. I would have continued to call higher but in the midst of the Chaos I didn’t grab a phone roster. These phone calls after I landed were around 1:30 pm. I did not receive a single phone call back that day or the whole weekend in regard to my situation. Attached is a copy of my phone records, I have highlighted the calls I made to my NCO’s on Thursday night and Friday morning. I have labeled and explained the other calls during the weekend.

c. Improper handling of my case: I was informed of my Article 15 on Tuesday the 13th. By regulation I have 48 hr’s to prepare my case to submit before the commander. The morning of the 14th I was informed that the commander was going on leave and wanted to see me this morning at 08:30. I was asked if I had anything I wished to submit to him, I informed my 1sgt and my NCOIC that I was going to get a letter of character and my Cingular phone records to show what I am showing you now. They informed me “not to worry about that and just accept my punishment”, not wishing to get into trouble some more with the company I asked them if they were sure and was informed “Yes, don’t worry about that stuff, the commander wont care and It will probably get ugly if you bring all this mess into his office” these words as not 100% accurate but as close as I can recall them. Later that day in the commander’s office when I was explaining my mitigating circumstances to the commander he cut me short, he said “I don’t want to hear your story, I already know it.” I was confused but not willing to continue to press my luck and argue with my commander at the time of getting an Article 15.

d. Impact of this punishment: As an SPC/E-4 I was one of three in this unit. There is mostly SGT’s and higher. Being reduced to the only PFC/E-3 is demoralizing and embarrassing. I was hoping to get my SGT/E-5 at this base and possibly my E-6, the acquisition of these ranks was going to determine if I was to re-enlist or not.

e. Good Duty Performance: Attached are my following awards which I was awarded only at my other units but during the two deployments to Iraq in which I served my country and the Army Faithfully. My 5 years in the Army and the two year long deployments almost back to back should count for something. The second form attached is a Letter of Character from my CGS Platoon SGT, SFC Cromer whom which I was deployed with during OIF III. I am one of the best in my field of Job and I have been informed of this by SFC Cromer, the CGS Contractors and my new job as an ATSS at Robins, the Instructors here have informed me that I am by far one of the best ATSS’s to have passed through the school house. I am a good soldier and I am one of the best at my Job no matter what it is.



3. Relief requested: I understand that leaving with out permission is not right. Even under emergency circumstances I should have gotten a positive contact with some one higher up. That is why I am not trying to get this Article 15 set aside. I just believe the reduction in rank is an Un-Just punishment for a soldier who has never had a discipline problem, in the army, or at this unit. Receiving a maxed Article 15 with out any counseling statements, letters of reprimand or any previous disciplinary action seems hash to me. The reduction in rank is the only thing I am trying to get mitigated. I will willingly accept and serve the 14 /14 and continue to soldier on.

4. I request a personal appearance before you if action is contemplated inconsistent with this appeal.

Michael D. Isaacs
PFC, U.S. Army
xxx-xx-xxxxWhat is the name of your state?

[wwg6983]

I also have a copy of my phoner records to show me calling people and gettign no calls back. I have a letter of character from my old CGS NCOIC and he states it would be a shame if the Army did not give me al eadership role and other things explaining ive done above and beyond when I do my job and im one of the best at what I do.

Since my unit is at an AFB base and its just a detachment this Appeal is going to Ft. Gordan's Commanding General since hes the next CO above our company CO. I feel a letter of character to some one whos never seen me holds some weight especially since my Letter is coming from a SFC who is now an instructor at our AIT.

[DRTDEVL]

Something does not add up here...

When was your initial reading? Tuesday the 13th? And you had the formal reading (by the CO) on the morning of the 14th?

When did you consult with TDS at JAG? (Trust me... This is the most important thing I saw)

If what I think happened took place... You will need to completely reformat your appeal.

[fozzy2]

First of all, the regulation (AR 27-10) states "normally 48 hours" as a reasonable time. I'm not aware that it is interpreted as a strict minimum requirement. Secondly, that 48 is actually a "decision period" during which you can consider whether or not to ask for a court martial, consult counsel, etc. If you do not ask for a decision period or waive it, then you do not have to be given it. In other words, when you were officially notified that you would be NJP'd you probably signed a DA form 2627 and sundry other paperwork. It would seem that you probably waived your right to consult counsel and reserve a 'decision period'. You probably immediately signed to accept NJP.

Secondly, I'm not certain that you can show damages, i.e. that even if you didn't have much time, it impacted your case. The officer holding the NJP does not have to follow the military rules of evidence, and he could take your word that you made phone calls, had an emergency family situation, etc. etc. He could also take your word that you were a "good soldier" and not require letters of reference, etc. In summary, the CO can simply say "He didn't need to gather proof. I believed everything he said. And I still decided that a violation took place and that the punishment was merited."

That leaves you with a request for leniency, which is unlikely. Not impossible, but unlikely. NJP gives great discretion to commanders, and if he felt that your punishment was warranted (and it did not exceed statutory limits) it is unlikely he will be overturned. You have a right to argue mitigation. You did. But he does not have to agree with it.

[ARMY-HELP]

Did you sign the ART15?