Can a company grade article 15 still be issued if the soldier moves companies before they are read?

SSG Private RallyPoint Member — Sun, 31 Aug 2014 13:32:57 -0400

Response by SGT Bryon Sergent made Oct 12 at 2016 3:18 PM

SGT Bryon Sergent — Wed, 12 Oct 2016 15:18:08 -0400

I am correcting my last, because I am unable to locate the correct answer, so I am bowing out. Maybe one or or JAG officers can help! Gentlemen or Gentle-ladies? I did find article 15's in this part of the UCMJ 2012 edition. It is part V. starts on page V-1

Response by CPT Mark Gonzalez made Oct 12 at 2016 7:36 PM

CPT Mark Gonzalez — Wed, 12 Oct 2016 19:36:29 -0400

How could they transfer units if pending ucmj is the first question? There is no statute of limitations. The new commander will have the authority and discretion to decide what to do, based on how serious the offense is.

Minding my own business at Walter Reed and I get a call from Ft Sam CID about one my Soldiers. Only issue is the investigation and offense occurred before thE Soldier PCS to me. So we took care of the Soldier, but I was highly irritated that the Soldier ever got to me as the commander should have flagged him and stopped the PCS.

Response by LTC Private RallyPoint Member made Jun 12 at 2018 10:41 AM

LTC Private RallyPoint Member — Tue, 12 Jun 2018 10:41:37 -0400

Short answer is yes.

Response by SSG Brian Wilber made Jun 25 at 2018 1:19 PM

SSG Brian Wilber — Mon, 25 Jun 2018 13:19:45 -0400

CPT Gonzales is correct. PCS or transfer are considered favorable actions which a flag (DA 268, I believe) prohibits.

Response by SGM Bill Frazer made Jun 25 at 2018 5:29 PM

SGM Bill Frazer — Mon, 25 Jun 2018 17:29:23 -0400

Normally if they were serious, the Sm would be flagged 1st to stop their movement, if not that- the old CO can pass it forward to the new CO, depending on the seriousness of the charges.

Response by SPC David S. made Jan 10 at 2020 3:59 PM

SPC David S. — Fri, 10 Jan 2020 15:59:40 -0500

Passing off problem child not cool - seems like as others have stated - the transfer should get flagged.

Response by CWO3 Private RallyPoint Member made Jul 17 at 2021 8:19 AM

CWO3 Private RallyPoint Member — Sat, 17 Jul 2021 08:19:59 -0400

Yes, same Army and UCMJ, different unit. They don't have to though, and might take a strong look at it for validity.