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When I was an area defense counsel, back in my active duty days, I effected two successful article 15 appeals. I lost darn near 70 or so. I wouldn't count on a successful appeal.
Did you go and talk to the ADC at the time of the 15? What was their take on it? Did you consider demanding trial by court-martial?
If you haven't yet seen the ADC, you need to go ahead and do so immediately.
I have seen ADC and they were suprized I didn'tget an LOR. I final out of the military on 20 Dec. DOn't want to be here any longer for CM. I'm not trying to appeal the 15 just the reduction in grade to a suspension or mitigate to a forfiture of pay.
In the USAF u have 120 days to request suspension of ur punishment to ur commander....Talk to the ADC and prepare a response letter and it also helkps a great deal to have one from ur supervisor and any other higher ranking ind. who think u were unreasonably punished or think u deserve ur stripe back...
Ultimately its the commanders decision but whats favorable for u is that the commanders decision to give back ur stripe is not looked upon by his superiors as opposed to ur original punishment....
Normally, the commander consults with legal prior to administering an article 15. The reason they do this is to ensure they are not breaking any regulations and, thereby, not providing an opportunity for the offender to appeal. That is why most appeals do not get granted.
I would be careful trying to fight an article 15. when i was in active duty a guy in my unit got one for being 30 minutes late to work, he decided to fight it and took a court martial instead and received 30 days in confinment, and a less then honorable discharge
They can't court-martial him for it. Jeapordy already attached since he was already 15'd for the offense. He is simply appealing, within the 15 process, not demanding a trial by court martial as you suggest.
I'd put together all favorable evidence possible. I can tell you that your chance of success is minimal.
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