Posted on Mar 26, 2019
Can getting a sunburn really get you an article 15?
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Got warned (again) by an NCO that I will get immediate article 15 if I get sunburn. I wear sun block religiously and am one of the few Caucasian soldiers that have not burned yet. I have never heard or found evidence of a soldier getting an Article 15 for damaging government property via sun burn.
Posted in these groups: 
Article 15
UCMJ
Article 15 UCMJ
Posted >1 y ago
Responses: 33
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Ask the NCO what Article of the UCMJ (state version since you are ARNG) would apply.
This is a very, very old, IMNSHO, BS claim made by NCOs who repeat things they heard that sounded tough. If that were the case, Soldiers who get injured playing sports would, likewise, get Art 15s.
You are not military property, so a sunburn wouldn't damage military property.
If you exercise reasonable precautions to mitigate an injury, which a sunburn may be considered if severe enough, there is no violation of the UCMJ that I see. If you injured yourself due to, for example, and alcohol related incident (DUI and crash), it would generate a line of duty investigation for a determination of whether the injury was "in line of duty."
Considering comments such as these by NCOs triggers a smarta$$ response from me, I'd offer that the supervising NCO would be at a greater risk for failure to ensure you didn't get a sunburn, especially if that NCO didn't include it in the risk assessment for the training. (That was sarcasm before anyone loses their mind).
Wear sunblock of the highest SPF recommended; limit your exposure as much as the mission, training, and uniform permit; and, hydrate.
I will add that the use of sunblock shouldn't be limited solely to Soldiers with lighter complexions. As a DS, I had every Soldier apply sunblock in the morning and after lunch, especially during late spring and summer (Alabama). This was especially necessary during range week, as the back of your neck seems to be more exposed when on the range. A neck sunburn can be quit irritating with the old LCE rubbing on it. I'm sure current equipment does the same.
This is a very, very old, IMNSHO, BS claim made by NCOs who repeat things they heard that sounded tough. If that were the case, Soldiers who get injured playing sports would, likewise, get Art 15s.
You are not military property, so a sunburn wouldn't damage military property.
If you exercise reasonable precautions to mitigate an injury, which a sunburn may be considered if severe enough, there is no violation of the UCMJ that I see. If you injured yourself due to, for example, and alcohol related incident (DUI and crash), it would generate a line of duty investigation for a determination of whether the injury was "in line of duty."
Considering comments such as these by NCOs triggers a smarta$$ response from me, I'd offer that the supervising NCO would be at a greater risk for failure to ensure you didn't get a sunburn, especially if that NCO didn't include it in the risk assessment for the training. (That was sarcasm before anyone loses their mind).
Wear sunblock of the highest SPF recommended; limit your exposure as much as the mission, training, and uniform permit; and, hydrate.
I will add that the use of sunblock shouldn't be limited solely to Soldiers with lighter complexions. As a DS, I had every Soldier apply sunblock in the morning and after lunch, especially during late spring and summer (Alabama). This was especially necessary during range week, as the back of your neck seems to be more exposed when on the range. A neck sunburn can be quit irritating with the old LCE rubbing on it. I'm sure current equipment does the same.
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Some basic truths:
An NCO can order you to be in the sun.
An NCO can order you to wear sunscreen.
An NCO can not order you to not have negative effects from the first two orders and is in fact responsible for any injuries you incur in the course of carrying them out.
Your responsibility is taking necessary precautions, like wearing PPE and sun dope. His responsibility is to take care of you and making sure necessary risk control measures are in place.
Bottom line: no, you are not getting an A15 from a sunburn, unless you are violating an order.
An NCO can order you to be in the sun.
An NCO can order you to wear sunscreen.
An NCO can not order you to not have negative effects from the first two orders and is in fact responsible for any injuries you incur in the course of carrying them out.
Your responsibility is taking necessary precautions, like wearing PPE and sun dope. His responsibility is to take care of you and making sure necessary risk control measures are in place.
Bottom line: no, you are not getting an A15 from a sunburn, unless you are violating an order.
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If you can’t perform your duties - would command see that as a problem?
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Lt Col Paul Maxwell
That was the only time I ever saw this issue form up... when “recreational sunburns” incurred on weekends/off duty, impacted ability to perform duties on Monday, so to speak. In other words, similar to a hangover, sunburn impairment is usually avoidable, and if you are unable to perform/report for duties because of avoidable “illness”..there are consequences NEVER saw a “duty related” sunburn yield punishment... to include during my time at Ft Bliss, and all the basic trainees and desert exposure
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1LT (Join to see)
Lt Col Paul Maxwell HOOAH! When first reporting to AIT after basic, my buddy and I put banana boat coconut oil on and hit the pool Sunday. A prior service NCO asked if we just arrived from basic. She recently returned to active duty. We said yes and she warned/advised that we were getting burned and said what would happen up to and including an article 15 if the sunburn interfered with duties and/or wear of the uniform. Monday first formation PLT SGT said looking mighty pink, I said was trying to balance out the stupid farmer's tan. In front of the whole formation we were called out and reminded about art15 and inability to pro-form our duties in uniform due to our negligence in protecting government property. I never got sunburned again. NOT an urban legend! Summer of 1984, Corry station Pensacola Florida. NUG=NEW UGLY GUY
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I saw it happen with a soldier when I was on active duty. The soldier was instructed multiple times, was counseled, provided sunscreen, and still continued to get sunburns. The final straw came when he burned so bad, he got a temporary profile that kept him from going to the field. If we don't take reasonable precautions to maintain our readiness, then, we should have to deal with the consequences. I mean, would you really want to deploy with a guy who didn't care enough about the people around him to remain mission capable, especially when doing so is too easy.
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SFC Melvin Brandenburg
You have a choice to ignore the behaviors, or to influence better behaviors. If people who are like that, happen to be of greater rank, you can set the example and ask questions. If they simply are in a rut, maintain situational awareness and do your duty. Always be respectful about whatever you do, whatever you say, to whomever you say it to without regard to rank. Set the example. An average person in a bunch of sub par individuals will look just that much better. An above average soldier who works to lift others up, will shine all that much brighter. It's a choice, make the right one.
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I can see where the article 15 conversation can come to light if you refuse to use sunscreen but if you do, the threat is likely an empty one. Just stay on top of your sunscreen application and protect yourself from UV radiation the best you can. Also practice proper hydration practices! Best of luck to you, SPC Holcomb.
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If anything you do affects your lack of ability to perform your duties you are subject to counseling or greater. Thank you for your service.
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Remember two things about article 15s, 1) It takes an officer in command to sign it and 2) both that officer and soldier receive counselings from legal.
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An old Gunny's take...
During my career, I saw one Marine get charged (Article 134) for a sunburn.
But this was no ordinary (1st degree) sunburn that may or may not have resulted in peeling later on during the week. I am one of those "lucky" people - I need to get burned in the Spring so that I don't burn later on in the Summer, (ahhh, the 70's and 80's) but I digress...
This poor Marine who received an Article 15 got burned badly; to the point that he got sun stroke (heat stroke). It was a 2nd degree sunburn, complicated by his sun stroke. He required acute medical care, and spent almost two weeks on bed rest while his blisters (he was a walking blister) healed.
So, to answer; no, your typical Saturday afternoon walk in the park sunburn is not NJP-worthy, and neither is a sunburn that you got while on duty. Your leaders should ensure you take appropriate self-protection measures by educating you, not threatening you with NJP for their failure of leadership.
During my career, I saw one Marine get charged (Article 134) for a sunburn.
But this was no ordinary (1st degree) sunburn that may or may not have resulted in peeling later on during the week. I am one of those "lucky" people - I need to get burned in the Spring so that I don't burn later on in the Summer, (ahhh, the 70's and 80's) but I digress...
This poor Marine who received an Article 15 got burned badly; to the point that he got sun stroke (heat stroke). It was a 2nd degree sunburn, complicated by his sun stroke. He required acute medical care, and spent almost two weeks on bed rest while his blisters (he was a walking blister) healed.
So, to answer; no, your typical Saturday afternoon walk in the park sunburn is not NJP-worthy, and neither is a sunburn that you got while on duty. Your leaders should ensure you take appropriate self-protection measures by educating you, not threatening you with NJP for their failure of leadership.
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Our Army battalion command in Iraq threatened us with this. We gave them hell right back. Battalion was supposed to be the ones supplying their companies with sun screen & they weren't. We were in an area where the PX didn't have any sun screen either. Even the Marines were in short supply. When we threatened to talk with Brigade over the battalion's failings, the BC & CSM shut up. Commands & leaders should be checking on their people & making sure they have what they need. Yes, even sun screen.
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That's A New One On Me... I Used To Burn One Day And Peel The Next, When We Were In Haiti … PI... Thailand And Australia … And We Never Worried About It... It May Be Different Now
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SFC Melvin Brandenburg
I wonder if the issue is whether or not you can perform your duties, and did you make a reasonable effort in the circumstances.
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