How common is a Field Grade Article 15 for first offenses (minor)?

I don't think that a public forum is the best place to discuss this. Best advice - consult with an attorney off-base that specializes in UCMJ and Military Law. Most will give a free consultation. Otherwise, you will easily be in over your head. Listening to the "barracks lawyers" is not wise.


Edit: See LT Lober's response below. The reason I said seek counsel is so someone qualified can review your case. Based on their experience they should be able to tell if you have basis for requesting a CM, where different rules apply. If you try that on your own, you may make critical mistakes that will jeopardize the future of your case. An attorney retained at that point may not be able to undo actions you've already taken. Then, as I referred to, you are in over your head. You could then get your CM and it might not work out well. Counsel may see a definite injustice that can't be addressed fully at Art 15. They may also see that your chances are better to take your lumps at NJP and move on. Two things apply - be careful what you ask for, and NJP refers to "Non Judicial" Punishment. If you are thinking that you are going to get off on a technicality based on "barracks lawyers" or your Google research, you may be in for a rude awakening. The last thing you want to be seen as is a lone crusader for justice based on hip pocket theories. At that point you're all alone and standing tall vs. the Command. You still have to serve in the Command after your case, so consider that. Speak with an attorney, because that's the only place where you will get qualified legal advice.

General information: the level of article 15 is up to the commander that is trying to maintain good order and discipline and the situation as they see it. There is a general summarized, company and field grade escalation, but Brigade and Battalion commanders with hold authority on certain offenses by policy. This is supported by UCMJ. They retain authority on offenses they believe they are better equipped to handle or to address specific discipline issues at their local command. This isn't like union Douglas factors.

If you have been read an Article 15, it was reviewed by the CJA . The nature of that review is between the CJA and the issuing Commander.

Note on charges. You said you had charges....If you were charged, it isn't Nonjudicial punishment under article 15. That is a court martial (either summary, special or general).

That being said SPC (Join to see) get off Rally point and get to your servicing TDS. Anything you toss out here is open to all. The advice you get will range from well intentioned to straight up barracks lawyering. Get your advice from TDS.

SPC (Join to see) I have no reason to doubt your greatness. But a general piece of advice that will help you as you move forward. It’s just about never helps your case to say, “and others think I’m great..”. If that’s the case (and it very well may be), let those folks advocate on your behalf and tout your greatness. If you are, they won’t hesitate to do so.

Moving along. Without knowing the full details of your incident, please be wary of any legal advice you receive about your case on RP. In every case, there are three versions. The soldiers version, the way the Army views the incident, and then what actually happened. It’s human nature for you to put the incident in the best light. It’s the Army’s nature to want uphold good order and discipline and assume Privates are messing up. And then there’s the actual incident or event that led to your current predicament.

I don’t think your commander was just sitting around one day thinking, “how do I turn PFC Bailey’s life into a dumpster fire this month? Ahh, I know, field grade!!” SOMETHiNG had to have happened to get to this point. I always found that the privates who suddenly became a part of the ‘dindu nuffin’ tribe when it was punishment time only made it harder on themselves.

Now, retired NCO advice time. If the JAG rep said it wasn’t even a counseling worthy incident, but isn’t willing to get involved with your unit, I’d go back to jag (with one of your NCOs who thinks you’re great. You’re going to need some CAS for this fight) and ask to speak with his superior. And if they blow you off, ask to speak to theirs.

If your command goes through with your Article 15, there is an appeals process. During your reading, the commander will explain it to you. I attached a link for a brief info sheet about Article 15s.
Be honest. If you evidence, you’ll have an opportunity to present it.

Best of luck to you.
http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm

First of don't go into the facts of the case on the internet. Did you get a brief on the art 15 process from TDS? You have a few options. First you can ask for a court marshal you should spend some time with a TDS lawyer before you do that. If you and your lawyer decide to accept the art 15 then you can appeal that but I have never seen that done with success. You need to engage your TDS and make some decisions on how to handle this. If you don't get anywhere with TDS which I find odd you can always pay for your own lawyer if you chose to do that.

Here's the only advice that you need, and you have probably heard it before: If you think that it is bull then you can take it to courts martial, if not, then suck it up, take the punishment, and move on. An article 15 is nothing to get too up in arms about. I don't think that you will find very many senior NCOs who haven't had a least one article 15 in their career. The key is to get passed it.

First. Legal will be useless until you actually are formally charged. So going to them beforehand is useless. Second, if a company commander is asking me to do an article 15 then he is telling me he can’t do his job and is asking me to do it for him. So when you go to your punishment reading show your evidence, have your witnesses lined up, and have your leadership say good things about you. My daughter will be an Artillery Officer in a couple of weeks so you’ll have more company soon. She too has had an art. 15 cause an NCO was too lazy, and jealous, to do her job of training Soldiers. Good luck.

Civilian attorney's that were JAG's are entitled, at YOUR expense to speak on your behalf at the Art 15. I used to defend soldiers as a civilian attorney and found every CO I ever dealt with to be fair, open-minded, and wanted justice done. Sometimes that means admitting guilt and offering E and M to soften the blow.

PFC Bailey you indicated that you being offered a Field Grade Article -15. I have NEVER heard of any Battalion Commander (including OCS classmates and friends of mine) that would even CONSIDER a Field Grade Article 15 for a "...1st Offense..." without having a great deal of evidence and sworn testimony as to the facts warranting one. My advice is that you should IMMEDIATELY cease and desist from discussing this case on this forum and seek further legal advice.

At an Art 15 hearing you can contest the charge. Furthermore your seniors in the Chain of Command whether that be a E-4,-06 can testify to the "good soldier defense". That is ," this sailor, soldier, airmen, etc is a 'good soldier ' and would not do whatever the charge is. You also have the right to have a JAG explain your rights at an Art 15 and the procedure. No JAG can represent you at an Art 15 but your superiors can and might speak on your behalf. Within reason, you can also call 'fact ' witnesses to say this man is innocent, etc.

SPC (Join to see)
1st
STOP POSTING HERE. (about this issue anyway)
2nd
Seek a lawyers opinion, one that has a proven record and history of UCMJ defense.
3rd TDS can only tell you what your options are for the ART15, that is their job,,,, they do not give you an opinion on should/should not accept NJP vice requesting trial by Court Marshal.

Lastly, no one here can really give you an opinion, never mind suggestion on a course of action reference the NJP without a lot more info.. The specific charges, the witnesses or physical proof, the stated intent of the CofC...and you absolutely should not be discussing any of that with an open internet forum... See point 1 & 2 above...