Article 15 UCMJ

[123rich]

Article 15

Well I'll tell you what badapple, your guy is a geinius. I talked with him for an hour and a half last night about the case. This morning my case did go up to JAG for the CM. Mr. Lawyer (my Lawyer) called to JAG and told him basically that he had no case because the SSG had violated Article 91 which entrapted me into violating Article 91 and a bunch of other legal talk or something like that. I now at this time had 31 Soldiers who where witnesses, people to vouch for me, or soldiers to speak about this SSG's character on my behalf.

Around 1100 Mr. Lawyer called me up and said that JAG and the CO agree to give me a Summerized instead of a Company Article 15. Mr. Lawyer asked me if that was acceptable to me, I told him no. Mr.Lawyer then said ok and he was getting wired at this point, he said he loves a good fight.

Well Mr. Lawyer called back to JAG and my BC this time and told them I might be willing to accept a LOR but not any type of Article 15 and if they refused then we will see you in court. Mr. Lawyer then called me back around 1630 and said (with an upset voice). "SGT, I spoke with blah blah blah.... and your good" WAHOOOOOO!!!! it's D R O P P E D!!! He did say I might get a LOR

And on top of that, there are now charges sitting at JAG on the SSG. They didn't tell Mr. Lawyer what those charges are but, WAHOOOOOO!!!!!

Man my Command must be heated. My CO with exactly a week on the job and my 1SG with less than 2 months on the job and they offer a slap on the wrist in way of Company level Article 15 and I deny it being how I feal about it and they send it up for CM and it gets tossed out less than 24 hours later boy I bet they are mad. They already moved me out of my PLT into another PLT. Wow what A feeling. I never even told any one within my Unit, but I recieved countless phone calls of support this afternoon and someone said to me a few minutes ago " Someone finally beat the mighty 233rd".

Now I will have many eyes on me I'm sure. Every time I turn I am sure the CO, 1SG, and the LT's that are in the CO's pocket will be watching every move I make.


Thanks everyone, I was so close to accepting the Article 15 and thanks bunch badapple, bratha without that contact I would have been screwed with the TDS.

 

[123rich]

I just got word that my CSM has been asking NCO's within the Company about what type of soldier I am. He seems to be trying to find information on me to help decide what kind of LOR if any I should get. So I guess because the CSM is poking around this LOR may not be a good idea. If General officer gives a soldier an LOR then it stays in your OMPF right? And if the Company level officer gives an LOR it stays within the Company files until the soldier leaves right?

Either way, I get an LOR I will be appealing.

 

[badapple40]

Be careful about picking a fight. So you went with Chris? He's not on my usual list of attorneys I recomend, because he's inexperienced (I think he's only been licensed about a year), though his track record is beggining to make me rethink whether or not to throw more referrals his way, because he's had a fair amount of success -- he's infamous around JAG circles for the stunt he pulled at Fort Bragg a couple months ago -- managed to get his client a medical discharge (honorable) after the guy went AWOL. I think his client got an Article 15 for the AWOL, while his company commander and platoon sergeant got fired for denying the guy medical care. I hear that Chris had the parents and friends of the clients write congress and leveraging, so I hear, so many Congressional inquiries that the 82nd is still working on the paperwork to respond to them all. I am glad it worked out for you.

As you said, I'd watch your step here on out. As you noted, your command is likely looking for something to hang you with, especially since they have been made a fool of by having to back down on charges. While I would respond to the LOR, I do not know whether or not I would appeal the LOR. Sounds to me like you did something wrong, even if it was not illegal. Plus it shows the command that you are sorry for responding to the SSG.

Just my 2c though.