Article 15 ucmj question

[milwife]

State: KY
Okay I know you guys don't like me, but I was wondering if anyone could answer a question for me. My husband says that he is getting an article 15 for disobeying a lawful order, due to our situation (you can read my previous post if you haven't already). Does anyone know what is maximum punishment he can recieve for this? Please no more negativity, just answers. Thank you.

 

[badapple40]

State: KY
Okay I know you guys don't like me, but I was wondering if anyone could answer a question for me. My husband says that he is getting an article 15 for disobeying a lawful order, due to our situation (you can read my previous post if you haven't already). Does anyone know what is maximum punishment he can recieve for this? Please no more negativity, just answers. Thank you.

What is his rank?

 

[marine]

In addition to badaplle's rank question, who is preferring charges and more precisely whose order did your husband allegedly violate? The general order not to fraternize?


Side note: I do not dislike you. I dislike the path you took. Now we are talking damage control, but I for one am willing to help in that capacity.

 

[opus05]

milwife...

This response has nothing to do with your question, but, I was wondering how things have been for you this past week, with your husband and his job, etc.

And I think that your experience on here has hopefully helped those other wives who are going through the same thing. Some of the advice given to you was very good (granted, some of it was not so nice, but it did help others see how bad your situation could really get) and I hope you were able to use a bit of it to help you.

Good luck!

 

[milwife]

What is his rank?

He is an E-5.

 

[milwife]

In addition to badaplle's rank question, who is preferring charges and more precisely whose order did your husband allegedly violate? The general order not to fraternize?


Side note: I do not dislike you. I dislike the path you took. Now we are talking damage control, but I for one am willing to help in that capacity.

I will try to answer this to the best of my knowledge, because I have scattered pieces of info from my husband. I know he violated the Commander's order (for no contact with the girl). I think that the battalion commander is preferring the charges, but I could be wrong. And thanks for the side note.

Opus, thanks for asking about me. It's been a stressful week for me and him. Hoping that things won't be as bad as I thought for him, and I'm trying to be supportive for him, stupid as that sounds. I do hope that this experience helps other. I for one wish to never go through anything like this ever again in my lifetime.

 

[milwife]

I just want to add, not sure if this matters, but he has never had anything negative on his record during his military career, up until this point.

 

[badapple40]

I will assume that it is a field grade (probably his batallion commander) officer imposing the Article 15. If it is going to be a summarized Article 15 or just his company commander is imposing the punishment, then there are less things they can do to him.

What is he charged with, out of curiousity? Just adultery?

The maximum is extra duty for 45 days, restriction for 60 days (or restriction for 45 days if combined with extra duty), oral reprimand, forfeiture of 1/2 pay for 2 months, and reduction in rank 1 grade.

And, his career is over. He may finish out this enlistment, but they will not allow him to re-enlist.

 

[thepizzaguy]

State: KY
Okay I know you guys don't like me, but I was wondering if anyone could answer a question for me. My husband says that he is getting an article 15 for disobeying a lawful order, due to our situation (you can read my previous post if you haven't already). Does anyone know what is maximum punishment he can recieve for this? Please no more negativity, just answers. Thank you.

Generaly the max is 60 days restriction (not jail time) forfeiture of pay as Article 15 is non-judicial punishment. Not a good thing be a helluva lot better than a court martial

OK read this ---> http://www.military-network.com/main_ucmj/SUBCHAPTERIII.html

That is article 15. Read it. Print it. Save it, but be careful. The military doesn't like people who know to much.

 

[milwife]

I will assume that it is a field grade (probably his batallion commander) officer imposing the Article 15. If it is going to be a summarized Article 15 or just his company commander is imposing the punishment, then there are less things they can do to him.

What is he charged with, out of curiousity? Just adultery?

The maximum is extra duty for 45 days, restriction for 60 days (or restriction for 45 days if combined with extra duty), oral reprimand, forfeiture of 1/2 pay for 2 months, and reduction in rank 1 grade.

And, his career is over. He may finish out this enlistment, but they will not allow him to re-enlist.

As far as I know he is being charged with disobeying a direct order, apparantly didn't have enough to charge him with adultery. Here is what he told me his punishment was, but I wasn't sure if he was lying (don't ask me why, maybe to see my reaction) because he said that he got 45 days extra duty, 1/2 pay for 2 months, and reduction to E-1. The e-1 is what threw me, I didn't think they reduced you all the way to that for an article 15. I thought that was only for a court martial. Could you shed some light on this? And why won't they let him re-enlist for an article 15? I thought alot of people get article 15's. I am ignorant , so don't get mad, I am just wondering.
Thanks

 

[thepizzaguy]

I will assume that it is a field grade (probably his batallion commander) officer imposing the Article 15. If it is going to be a summarized Article 15 or just his company commander is imposing the punishment, then there are less things they can do to him.

What is he charged with, out of curiousity? Just adultery?

The maximum is extra duty for 45 days, restriction for 60 days (or restriction for 45 days if combined with extra duty), oral reprimand, forfeiture of 1/2 pay for 2 months, and reduction in rank 1 grade.

And, his career is over. He may finish out this enlistment, but they will not allow him to re-enlist.

Badapple:

Are you sure about that? Not being able to re-enlist? When I was in (a long time ago) I knew this LCPL that fell a sleep on guard duty and received article 15 "Office Hours" as a result but when it came time for him to re-up they where all over him with bonuses and what not, and that was during peace time.

 

[badapple40]

As far as I know he is being charged with disobeying a direct order, apparantly didn't have enough to charge him with adultery. Here is what he told me his punishment was, but I wasn't sure if he was lying (don't ask me why, maybe to see my reaction) because he said that he got 45 days extra duty, 1/2 pay for 2 months, and reduction to E-1. The e-1 is what threw me, I didn't think they reduced you all the way to that for an article 15. I thought that was only for a court martial. Could you shed some light on this? And why won't they let him re-enlist for an article 15? I thought alot of people get article 15's. I am ignorant , so don't get mad, I am just wondering.
Thanks

The MCM does not allow for him to be reduced to an E-1 as an E-5.

He should appeal that article 15 if they did that (or tried to do that).

 

[thepizzaguy]

The MCM does not allow for him to be reduced to an E-1 as an E-5.

He should appeal that article 15 if they did that (or tried to do that).

Yeah... No way you get reduced from e-5 to e-1 via article 15. That sounds way to "fishy"

 

[milwife]

thanks badapple,
I didn't think that sounded right.
One more thing, when I told my husband this (before I came to the board) , he said it was different in war time. Is he just bs-ing me? I want to know for sure, not to accuse him, because if they really are doing this to him, I want to be able to tell him to appeal it or whatever. They haven't given him a right to any legal counsel through all this ( I know, now I am defending him, I DO love him still), so all he knows is what they are telling him.
Thanks again

 

[thepizzaguy]

thanks badapple,
I didn't think that sounded right.
One more thing, when I told my husband this (before I came to the board) , he said it was different in war time. Is he just bs-ing me? I want to know for sure, not to accuse him, because if they really are doing this to him, I want to be able to tell him to appeal it or whatever. They haven't given him a right to any legal counsel through all this ( I know, now I am defending him, I DO love him still), so all he knows is what they are telling him.
Thanks again

(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;

That is one excerpt from Article 15.

Read the the link that's attached to my earlier post. It is a wealth of inormation on this subject.