Posted on Oct 1, 2015
If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record?
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If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? If so, where? Additionally, what effect could this have on the NCO's chances of being promoted at a centralized promotion board? No barracks law, please. I have heard so many possibilities. Even the local legal office differs in opinion, depending on who you talk to. Thanks in advance.
Legal Services
Article 15
75D: Personnel Records Specialist
UCMJ
Law
Posted 9 y ago
Responses: 19
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SFC (Join to see) I had two Article 15's. The first was as a PV2 in 1975 which was recorded in my open records. The second one was from a MG while I was a 2LT. That one was placed in my restricted records which are restricted for many situations but not all.
As a company commander I administered article 15 proceedings in the 1980's.
As you will note, even though I had two Article 15's I was promoted to Captain. I received a bad OER from the BG who was aware of my 2nd Article 15 - the bad OER was not directly related to the Article 15.
I am stating this because the most important aspect towards promotion is the NCOs' record of performance of duty especially periodic evaluations and recommendations from his/her leaders.
The critical thing is that whoever is rating this NCO for the period when the Article 15 proceeding occurred should not consider the Article 15 in his/her efficiency/evaluation review [NCOER if that is still a valid term]. If anything about that incident is included in the NCOER the NCO should challenge the NCOER.
I was passed over many times for promotion. It took recommendations from three Flag Officers for the promotion board to select me for LTC a month before mandatory separation. That promotion enabled me to be in to support the war efforts after 9-11-2001.
As a company commander I administered article 15 proceedings in the 1980's.
As you will note, even though I had two Article 15's I was promoted to Captain. I received a bad OER from the BG who was aware of my 2nd Article 15 - the bad OER was not directly related to the Article 15.
I am stating this because the most important aspect towards promotion is the NCOs' record of performance of duty especially periodic evaluations and recommendations from his/her leaders.
The critical thing is that whoever is rating this NCO for the period when the Article 15 proceeding occurred should not consider the Article 15 in his/her efficiency/evaluation review [NCOER if that is still a valid term]. If anything about that incident is included in the NCOER the NCO should challenge the NCOER.
I was passed over many times for promotion. It took recommendations from three Flag Officers for the promotion board to select me for LTC a month before mandatory separation. That promotion enabled me to be in to support the war efforts after 9-11-2001.
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SSgt Robert Marx
LTC Stephen F. - I guess the Article 15 does no good for the accused! I am glad that your career was not wrecked but it sounds like it was not helped by the legal proceedings.
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LTC Stephen F.
SSgt Robert Marx - Thanks my friend. I was processed under Article 15 twice, represented soldiers assigned to my units as a platoon leader and XO and processed several Article 15s while I was an infantry company commander. I think I have been part of every possible side of the article 15 process.
I did my best to treat people fairly throughout my military career.
I did my best to treat people fairly throughout my military career.
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MAJ Rene De La Rosa
Sir, I appreciate your honesty on the Article 15s. No one ever really talks about them. Thanks for your candor.
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2LT Ronald Reimer
Article 15 hearings are not “legal proceedings”. They are non-judicial punishment that a soldier accepts to go through in lieu of a courts martial.
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Update on this situation: after much research and debate, it was determined that the ART 15 would be shredded and would go nowhere. A little background on this case- the original complaint was brought due to a positive urinalysis. It was investigated and found to be purely accidental ingestion of on of the SM's family members meds (very low dosage, non opioid). What we did do for the SM was to write a MOR for his records from the commander, to have in case it was ever brought up by a future chain of command after a review of ASAP records. Thanks for all who had input.
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2LT Ronald Reimer
“Accidental ingestion”. I have to remember that one. Sort of like, “I smoked marijuana, but I didn’t inhale.”
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PFC Cedric Powell
Unless SM took Nyquil 2 or 3 hours before UA, I call BS. The soldier should've went down for taking someone else's medication. Anyone else that knew about it and didn't report it should go down too for withholding.
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No, the record would not be filed. If an Article 15 results in a finding of not guilty the DA Form 2627 is required to be destroyed. See AR 27-10, paragraph 3–18(k).
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SSgt (Join to see)
While it is supposed to be distroyed often times it is not the paper work that you need to worry about it is people talking to your next chain of command... see that ruin careers faster than paperwork
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CPT William Jones
There is a point I do not remember when it happens but ART 15 papers are removed from the 201 file they are not part of the permanent record. With todays everything in the computer I do not know what happens. If it is supposed to be removed one could challenge anything adversely done like delaying a promotion
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