Any advice on company grade article 15 or opinions?

SPC Private RallyPoint Member — Sun, 19 Aug 2018 16:14:04 -0400

So I have a question I'm being read for a company grade Article 15 for a pattern of misconduct 15 charges have been put into the preceding two of which are accurate and fair and impartial but I believe the other ones were a pattern of singling me out holding me to a higher standard than any other soldier in my in it, which I understand is not always a bad thing but in this case nitpicking everything I do, good, bad, stupid, smart, anything, human mistakes other soldiers have made tenfold what I have and not just that an example a new Soldier came to the platoon, I took him under my wing got to know him build a relationship and Trust gave him the do's and don'ts and in return my squad leader and my platoon sergeant pulled everyone in the squad including him that this new Soldier was not allowed to talk to me anymore and if he did he would get f***** up corrective action this Soldier took it as an order and a threat of being smoked that is just one case in which there are many such as after mentioning that I was going through financial problems on account of my divorce and that I did not want to spend money on baby wipes for the field I was smoked and ordered by my squad leader to produce bank statements I tactfully refused was smoked again and told to call my bank and have them read off their last 5 purchases all to see if I was lying about my financial struggle I have not seen any other Soldier treated this way this article 15 was brought buy bias counseling statements that are an extension a singling me out I have eight Witnesses all highly decorated soldiers and a couple of ncos who can corroborate that I was single now that they witnessed I me being hazed and treated unfairly my question with all of this is what do you think do I have a chance to fight this any input is appreciated thank you?

Response by SSgt Private RallyPoint Member made Aug 19 at 2018 4:38 PM

SSgt Private RallyPoint Member — Sun, 19 Aug 2018 16:38:08 -0400

Go to IG bro

Response by SGT Joseph Gunderson made Aug 19 at 2018 6:23 PM

SGT Joseph Gunderson — Sun, 19 Aug 2018 18:23:38 -0400

If you really believe that the Article 15 is bogus then opt to take it to courts-martial. Better be sure that you're right though or else you are doubling your heartache. If there is a chance that it is legitimate then just take your punishment and get over it. A company grade article 15 is a speed bump at best.

Response by SFC Private RallyPoint Member made Aug 19 at 2018 7:02 PM

SFC Private RallyPoint Member — Sun, 19 Aug 2018 19:02:19 -0400

If you really have fellow Soldiers and NCOs who can vouch for you, ask them to be character references for you at the reading. They can speak for you on your behalf.

Response by SGM Bill Frazer made Aug 19 at 2018 10:02 PM

SGM Bill Frazer — Sun, 19 Aug 2018 22:02:44 -0400

1. You have the right to seek JAG help and fight anything that you are charged with. 2. Not knowing all the charges, won't venture a guess, but 15 charges does seem to point to a massive screwball. 3. UCMJ does not allow mistakes, errors, OOPS or anything else, the CoC has the option to let you slide or admin corrections. 4. If the have read you all these charges, that means they ran them thru JAG, and if JAG didn't delete them or counsel against them then you have a severe problem coming. With that many charges, you do know that they can bump it up to a field grade ART 15, with a probable flag and then a chapter right.

Response by SN Greg Wright made Aug 19 at 2018 11:21 PM

SN Greg Wright — Sun, 19 Aug 2018 23:21:07 -0400

Stop posting your potential legal troubles on the internet. You have now created a PERMANENT record that you cannot take back, and it may be used against you. Get off the net with this. Go talk to your Jag.

Also, buy some punctuation. It's free.

Response by Maj John Bell made Aug 20 at 2018 3:27 AM

Maj John Bell — Mon, 20 Aug 2018 03:27:17 -0400

Your narrative of your side of the issue lacks detail and coherence. Therefore I cannot offer you an opinion that directly applies to the specifics of your case and is coherent. The best you are going to get from me is contact competent legal representation.

Response by CPT Lawrence Cable made Aug 20 at 2018 7:44 AM

CPT Lawrence Cable — Mon, 20 Aug 2018 07:44:23 -0400

OK. Here is an article that has the rules for Article 15 that is short and to the point. http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm
Second, call Trial Services and they will go over your rights and options. The number on that sheet is an old one from Ft Leonard Wood, so find the one for your base.
You will be allowed to call any witness, present your side and mitigating circumstances, if any.
You also have the right to appeal that verdict of the proceedings.
Oh, you are not entitled to have a lawyer present since this is an administrative verses a legal hearing.

article_15_fact_sheet.htm

Response by CPT Private RallyPoint Member made Aug 20 at 2018 9:28 AM

CPT Private RallyPoint Member — Mon, 20 Aug 2018 09:28:04 -0400

Talk to the JAGs at Trial Defense Services. This is different from the JAGs at your unit. Trial Defense Services' primary mission is defending soldiers facing UCMJ action. Your unit JAGs work for your commander.

Response by Lt Col Jim Coe made Aug 20 at 2018 10:18 AM

Lt Col Jim Coe — Mon, 20 Aug 2018 10:18:19 -0400

Get off social media and find a lawyer.

Response by SGT Tony Clifford made Aug 20 at 2018 11:35 AM

SGT Tony Clifford — Mon, 20 Aug 2018 11:35:23 -0400

I would suggest that you stop posting this to a social media site and go talk to trial defense services. Posting things pertaining to your UCMJ actions are never wise. Talk to TDS and see what they can do for you.

Response by COL Private RallyPoint Member made Aug 5 at 2020 2:37 AM

COL Private RallyPoint Member — Wed, 05 Aug 2020 02:37:53 -0400

I wonder how this turned out? Cause before I would let this crap come across my desk as a company commander I would make dam sure the 1SG knew I wasn’t in the business of doing his NCO’s job. Baby wipes to the field? Produce bank statement? This is only one side- but really? Stop leaning on the commander to do your job as an NCO and focus on preparing the Soldiers for combat operations. I would think a bunch of these were thrown out by the commander. But someone had to take the time to look them up and type them on the charge sheet.

Response by CPT William Jones made Oct 23 at 2020 4:53 PM

CPT William Jones — Fri, 23 Oct 2020 16:53:19 -0400

This type thing should be discussed with jag. The only people that can give you an art 15 that are in your direct chain of command and their signature has the word commanding in it. Ang the commander has the obligation to have you in front of him telling you the charges and a couple other things about the charges and proceeding. The commanders top sgt is not allowed to do that the commander cannot delegate it to someone else. All service members must be allowed to see the I G. Or JAGanytime they feel the need. Hostile fire zone can create some problems but the right still exist.

Response by CPT Larry Hudson made Apr 24 at 2021 5:39 PM

CPT Larry Hudson — Sat, 24 Apr 2021 17:39:20 -0400

Take the medicine and learn from the experience