Posted on Mar 29, 2023
Is there a limit to how many of the maximum punishment options can be prescribed for an Article 15 (reduced, forfeit pay, and extra duty)?
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So I have a prior soldier who is getting in trouble for something in our last unit. I won’t really expand on what he did but he was calling me asking for guidance. Maximum punishments came up in our talk. Obviously the maximum punishments can clearly be found with AR27-10 but the thing that I’m second guessing is if there can be a combination of the max punishments. For instance, can he be reduced, forfeit pay and put on extra duty? Or is there a limit as to how many of the punishment options can be prescribed? It’s been too long. I assume there can be a combination but the maximum punishments are always listed in bullet format and only ever done in correlation when it addresses extra duty and restriction. Im sure I’m just researching like an idiot but any help would be appreciated!
Article 15
UCMJ
Team Lead
Section Leader
Battalion Commander
Posted >1 y ago
Responses: 2
The maxes are and/or .... i.e., reduction AND/OR pay forfeiture AND/OR restriction AND/OR loss of rank AND/OR extra duty.
The only limit on combining punishment is if you do restriction AND extra duty. If those are combined, then only up to 45 days (instead of 60 days) can be imposed.
So, the max that your former troop could get is 45 days restriction with 45 days of extra duty (or just 60 days restriction with no extra duty), loss of 1 month pay (total ... 2 months x 1/2 months pay), and reduction to E1 (if he's E4 or below) or a stripe if an NCO (I assume he's not higher rank that you are).
The only limit on combining punishment is if you do restriction AND extra duty. If those are combined, then only up to 45 days (instead of 60 days) can be imposed.
So, the max that your former troop could get is 45 days restriction with 45 days of extra duty (or just 60 days restriction with no extra duty), loss of 1 month pay (total ... 2 months x 1/2 months pay), and reduction to E1 (if he's E4 or below) or a stripe if an NCO (I assume he's not higher rank that you are).
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CSM William Everroad
COL Randall C., hit it on the nose. SSG (Join to see) When I talk to Soldiers gaining into UCMJ action I always advise them to expect the max but make the argument for reduced punishment by acknowledging the issue and letting the Commander know how you have learned and will correct the behavior.
I never try to manage expectations that a reduction in punishment is automatic, even if there is a precedent in prior circumstances. This is why I always coach junior leaders to make Soldiers aware of the UCMJ articles when talking about things so that Soldiers know what can happen.
I never try to manage expectations that a reduction in punishment is automatic, even if there is a precedent in prior circumstances. This is why I always coach junior leaders to make Soldiers aware of the UCMJ articles when talking about things so that Soldiers know what can happen.
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SGM (Join to see)
The AND/OR is at the discretion of the convening authority, but Table 3-1 in AR 27-10 just lists the maximum punishments as AND, AND, AND, AND.
The only OR is Restriction or correctional custody.
The only OR is Restriction or correctional custody.
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