How do I help my son fight for his career when he is being given a Field Grade Article 15 and chaptered for a failed UA?

Those tests are extremely accurate. In fact, they rerun in case there is a positive. If it showed in his urine, then he did the drug(s). There is nothing you can do to help him. The only thing he can do is talk to Trial Defense and follow that guidance. But, I'd say his career has ended before it really began. And he is not being offered a FG Article 15...he is being GIVEN a FG Article 15.

Your son is lying. He's probably not getting out of this. They don't take UA failures lightly anymore. At the height of Iraq/Afghanistan, sure they let some things slide. The last 10 years or so not so much.

He needs to go to Trial Defense Services as they are the only ones who can assist him but not keep him in. As stated, the testing is accurate.

Actions have consequences.

Alright, let's break this down a bit.

An article 15, also known as nonjudicial punishment is not offered it is given. It is less formal than a judicial proceeding like a court-martial but functions as a form of lesser administrative punishment if found guilty of the specification.

The imposing commander if the Soldier in question is determined to be guilty can then impose punishment which includes the reduction of rank, an oral or written reprimand, and a forfeiture of pay.

An article 15 is conducted in several phases.
- Phase 0: Command is made aware of an incident.
- Phase 1: Command contacts JAG who reviews the supporting documentation and drafts the documents per commanders request or based upon advise given regarding the course of action the commander can take.
- Phase 2: First Reading, this is where the initiating commander informs the Soldier of the charge(s) and their rights.
- Phase 3: Second Reading, this is where the Soldier makes their case and the commander determines guilt and punishment and punishment if any.
- Phase 4: If the Soldier disagrees with the commanders assessment or feels the punishment is too harsh they can appeal to the next higher commander in the chain.
- Phase 5: JAG is contacted and a JA is assigned to review the article 15 for any errors.
- Phase 6: The Soldier can submit their defense/statement to the appellate authority who then reviews it and makes a decision on whether to keep the punishment or reduce it.

Let's go into the offered portion. During an article 15 a Soldier may in the third phase I mentioned demand trial by court-martial. In this event the article 15 is suspended and JAG is contacted. JAG will then go through the process of establishing a court-martial if the chain of command wishes to proceed. I'm not going to explain a court-martial because it's long and your Soldier isn't there.

Administrative Separation.

This as is implied in its name is also an administrative form of punishment like that of an article 15 and is commonly referred to as chaptered. This process is as follows:

If the Soldier is facing a serious charge or has a certain amount of years or rank in then they can have what's called a separation board. Though not like a court-martial the board can be viewed as a type of administrative tribunal where the Soldier, along with their defense can present their case to a board of typically three Soldiers. Usually it's an officer, a junior officer or warrant officer, and a non-commissioned officer who sit on the board.

The board can recommend retention or separation as well as the character of separation.

So, this is a serious issue and your son should immediately contact Trial Defense Services (TDS) and begin planning for his defense likely in mitigation or extenuation as well as character references because quite frankly he more than likely popped hot of his own accord. Now I'm speaking of things on the RC/NG side and though I do have AD experience, it's highly important that he get a legal advice from TDS not just what you might find via internet barracks lawyers.

Another thing to remember is that both of these, the article 15 and the administrative separation, are two separate actions and even if he beats one can still face the other.