https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua <div class="images-v2-count-0"></div>My son is being &quot;offered&quot; a FIELD GRADE ARTICLE 15 and also being chaptered out of the military. He failed a UA and tested positive for OXAZ as 102 nanograms. My son swears he didn&#39;t take any illegal or un-prescribed medication. He is only a PV2. How do I help him fight for he career? Tue, 15 Feb 2022 10:59:08 -0500 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua <div class="images-v2-count-0"></div>My son is being &quot;offered&quot; a FIELD GRADE ARTICLE 15 and also being chaptered out of the military. He failed a UA and tested positive for OXAZ as 102 nanograms. My son swears he didn&#39;t take any illegal or un-prescribed medication. He is only a PV2. How do I help him fight for he career? Tue, 15 Feb 2022 10:59:08 -0500 2022-02-15T10:59:08-05:00 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua?n=7528913&urlhash=7528913 <div class="images-v2-count-0"></div>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&#39;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. MSG Private RallyPoint Member Tue, 15 Feb 2022 16:02:20 -0500 2022-02-15T16:02:20-05:00 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua?n=7528921&urlhash=7528921 <div class="images-v2-count-0"></div>There is nothing you can do. He needs to request to speak to council if there is time before the action. Field Grade does not automatically end his career. It all depends on the preaiding Co. he needs to speak with his Chain of Command to determine what the current policy’s are. CSM Darieus ZaGara Tue, 15 Feb 2022 16:08:45 -0500 2022-02-15T16:08:45-05:00 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua?n=7528999&urlhash=7528999 <div class="images-v2-count-0"></div>Alright, let&#39;s break this down a bit.<br /><br />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.<br /><br />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.<br /><br />An article 15 is conducted in several phases.<br />- Phase 0: Command is made aware of an incident.<br />- 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.<br />- Phase 2: First Reading, this is where the initiating commander informs the Soldier of the charge(s) and their rights.<br />- Phase 3: Second Reading, this is where the Soldier makes their case and the commander determines guilt and punishment and punishment if any.<br />- 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.<br />- Phase 5: JAG is contacted and a JA is assigned to review the article 15 for any errors.<br />- 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.<br /><br />Let&#39;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&#39;m not going to explain a court-martial because it&#39;s long and your Soldier isn&#39;t there.<br /><br />Administrative Separation.<br /><br />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:<br /><br />If the Soldier is facing a serious charge or has a certain amount of years or rank in then they can have what&#39;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&#39;s an officer, a junior officer or warrant officer, and a non-commissioned officer who sit on the board.<br /><br />The board can recommend retention or separation as well as the character of separation.<br /><br />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&#39;m speaking of things on the RC/NG side and though I do have AD experience, it&#39;s highly important that he get a legal advice from TDS not just what you might find via internet barracks lawyers.<br /><br />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. SPC Private RallyPoint Member Tue, 15 Feb 2022 16:59:40 -0500 2022-02-15T16:59:40-05:00 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua?n=7529206&urlhash=7529206 <div class="images-v2-count-0"></div>He isn’t being “offered” a field grade article 15, he’s getting a field grade article 15 for violating UCMJ article 112a “wrongful use or possession” which comes with an automatic initiation of separation. 102 nano grams per unit is extremely high for Oxy considering the prescribed dosage usually results in a ~50 PPU and your son tested twice that indicating some pretty hefty usage. There’s no fighting for anyone even if it’s your son if he willingly and knowingly took prescription drugs without a valid prescription. Your son will likely get a bad conduct discharge and employment outside will be extremely limited, like not even McDonald’s will hire him. He messed up, now he gets to deal with the consequences. Congratulations to your son for throwing away his life SSG Private RallyPoint Member Tue, 15 Feb 2022 20:26:35 -0500 2022-02-15T20:26:35-05:00 https://www.rallypoint.com/answers/how-to-handle-a-field-grade-article-15-with-chapter-for-failed-ua?n=7529433&urlhash=7529433 <div class="images-v2-count-0"></div>OK, Ma&#39;am and I understand, but evidently you don&#39;t. DA drug tests are pretty damn accurate, and they re=test with the idea of false positives. Your child is an adult in an adult world where if you don&#39;t want punishment, then don&#39;t do the crime. You have no standing with the Army, outside of arranging a civilian lawyer (Really Bad Idea). He was given a choice FG ART15 or Courts-martial, his choice. Maybe someone slipped into his beverage who knows. He will be given time to see JAG and try to fight this, he can even appeal the decision to his next higher commander. SGM Bill Frazer Wed, 16 Feb 2022 00:24:33 -0500 2022-02-16T00:24:33-05:00 2022-02-15T10:59:08-05:00