Once all the evidence of your case has been presented, the commander will decide if you committed the crime(s). If the commander decides that you are not guilty of the charge(s), the trial ends and section 15 is destroyed. If the commanding officer determines that you committed the crime(s) with which you are charged, he or she will determine the sentence to be imposed. You will be personally informed of the sanction and it will be noted on the Article 15 form. Non-punitive measures, such as correctional training, are known to all non-commissioned officers and should be applied before extrajudicial sanctions are imposed. The sergeant`s creed states, « I will be fair and impartial in recommending both rewards and punishments. » From time to time, non-commissioned officers take this phrase of our creed as more, and they slip by telling their soldier that they will « give them an article 15 ». However, as stated in the sergeant`s creed, a sergeant can only recommend extrajudicial punishment. The power to make these recommendations should not be taken lightly. Non-commissioned officers should first take non-punitive measures and use extrajudicial sanctions only as a last resort. Some passionate non-commissioned officers who want only the best for their soldiers will sometimes forget the importance of non-punitive measures or, in their eagerness to help the soldier, they do not invest the time necessary to ensure that corrective training was effective. Their best efforts to help soldiers often end up being counterproductive. Non-commissioned officers must also ensure that they use all available tools to address a shortage. It`s all part of teaching, mentoring and coaching.

For example, if there is a soldier who does not show up for training and that soldier does not receive correctional training until 10 minutes earlier than normal, can that really be effective? This may be the case for some, but what if that soldier is really tested and given extra hours and specific uniforms to show up everywhere at the station? As long as the sergeant ensures that the soldier is compliant, would that not be a more effective solution? Ultimately, non-commissioned officers need to know their soldiers in order to provide the most effective measures for that person. There are three types of extrajudicial sanctions, which are set out in article 15 of the Uniform Code of Military Justice. The first type is Article 15 combined, which is normally imposed by a salaried agent of the Company. The maximum penalty allowed under a summary section 15 is 14 days of additional rights and/or restrictions, verbal admonitions or reprimands, or a combination thereof. The second type is the company`s grade 15, also issued by a category officer, which provides for a maximum penalty of a reduction of one rank for E-4 and under, forfeiture of seven days` pay, 14 days of additional and/or restricted service, a reprimand, or a verbal reprimand. It should be noted that non-commissioned officers cannot be reduced by an Article 15 company rank. The third type is a Field Rank Article 15, which is imposed by a field officer with a maximum penalty of one or more grades for E-4 and below and one grade for E-5 and E-6, forfeiture of half a month`s salary for two months, additional duties and restrictions for 45 days or, on its own initiative, without additional obligation, a restriction of up to 60 days and a verbal admonition or reprimand. It is at the discretion of the commander what type of section 15 should be imposed.

As a general rule, the level of Article 15 should be adapted to the nature of the offence in order to ensure that an « escalation of violence » is committed. The soldier has the right to apply for a court martial and to challenge the sentence to the next senior commander if he or she believes the sentence was unjust. Any part of the sentence may be suspended for up to three months on the basis of a combined Article 15. Article 15 of the category of holding and field may be suspended for a maximum period of six months. A conditional sentence is a sentence that is not served during the conditional period, unless the soldier commits another violation of the UCMJ. It is similar to probation, and the soldier must remain marked during the period of suspension. A commander is the only person who can impose extrajudicial sanctions. If the commanding officer finds the person guilty, he or she may present evidence to influence the appropriate sentence. This evidence is known as « mitigation issues, » which explain the circumstances surrounding the crime, and « mitigation issues. » The latter attempts to mitigate the punishment based on the member`s reputation, bravery, service, personal circumstances and other factors. The two different types distinguish the maximum penalty only on the basis of the rank of the person issuing section 15. A company rank item 15 is given by a captain`s commander (O-3).

A field rank item 15 is given by a major (O-4) or higher. In my experience, the most difficult part of the Article 15 process is preparing the right advisory statements. Many executives struggle with the five Ws (who, what, when, where and why). The reason is not too surprising: soldiers sometimes do not solve alleged crimes. What leaders need to understand is that in order to support an indictment against a section 15, all the elements according to the section of the Court Martial Manual must be met. If all elements are not met, these fees cannot be charged. Of course, this can frustrate the order. But if they ensure that the advice is properly conducted, the soldier alleged to have been at fault will obtain justice under the Article 15 procedure.

For example, the consultation for FTR must include time, date and location. Often the location is missing, and this is one of the elements that need to be filled. The five-Ws rule of thumb will go a long way toward mitigating this or any other problem with any of the articles, and will go a long way toward ensuring that leaders properly address crimes in their advisory statements. There are two types of section 15: section 15 of the business class and section 15 of the field class. These terms are often used for Army Article 15, but they also exist in other branches of service, but do not have the same name. If you are convicted, you can present evidence of mitigation and mitigation to influence the commander`s decision on the appropriate punishment. Mitigating points are used to explain the circumstances of the crime. Mitigation measures are put in place to reduce the possible penalty you may receive based on your personal circumstances, service, bravery, reputation, etc.

If a member has a precarious personal situation; For example, if you are married and have children, it is especially important to provide the commanding officer with proof of your family`s financial situation and the impact that a decrease in rank and loss would have on your spouse and children. It is important to note that both types of 15 articles are extremely damaging to your career and are likely to mean the end of your career. It is not the actual sanction that will end your career, it is the fact that there is a section 15 in your permanent file that prevents you from being promoted or that causes the military to take the first administrative separation measures against you. Sometimes an imposing commander may decide to « suspend » the punishment. He may do so in respect of all or part of the sentence. If a commander agrees to suspend your punishment, he will decide on a punishment but will not impose it. The commanding officer will set a certain time limit for the member to prove that there was no further wrongdoing. If the member meets this deadline through no other fault, the penalty will be waived. However, if other misconduct (even minor) occurs during the suspension period, the suspension will be lifted immediately and the penalty will be imposed in full as originally decided. Non-suspended sentences may begin immediately after guilt has been established, but may be delayed for a variety of reasons. We help our clients manage fear and uncertainty during an investigation.

We are in the process of creating game plans on how we are going to deal with the different possible paths that their case might take.