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 >1 y ago
Responses: 19
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Not being sarcastic, but if you don't want any barracks lawyers and you want to find out the facts, go see JAG. You might want to talk to you PAC NCO. They can tell you what goes into your record. Just from my experience as an MP investigator, I will tell you that if it was a criminal offense and it was reported to the MPs, it went on the MP Blotter the original offense will stay there forever but there will be an amended Blotter entry correcting the facts. It's like everything else in life these days if it gets on the internet it never dies. Sorry. It should not affect your promotions but you may have to explain it to the board.
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First of this is BS! The Army always does this! Found not guilty which means they didn’t do what they was accused of!! Now he has lost rank, money is career is over! BS!!
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CPT William Jones
Ssg Jeff Harper there is a world of difference between found not guilty and innocent. Courts find persons not guilty which means there was not enough evidence for guilty. Innocent means they did not do anything wrong and that term is not used in a verdict. He may have done it or not it just wasn’t proven that he did do it- could be guilty as could be just not proven in court.
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NO. A finding by the CA of innocence means the Art 15 never sees your 201 file.
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In the USMC Art 15 was pretty much "Bring the guilty bastard in here". It was pretty much a general understanding by the Marine that he was guilty and to just take his medicine. The Page 12 and Restriction EPD papers were already typed up. I never saw a CO find someone not guilty. If something was amiss Usually the 1st Sgt would get to the bottom of it well before hand and rip the charge sheet up and recommend another course of action like a page 11 or a NCO counseling.
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It depends on how the Article 15 was filed. http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm
The Commander will put on their recommendation. Junior Enlisted are given the greatest leniency towards filing procedures. Although leniency occurs, having a Field Grade Art 15 usually involves the BN CDR or higher and can bring a lot of variables that affect promotion. Centralized promotions will not be affected other than the Commander or 1SG decide that the Soldier deserves more time to "prove" him/herself to earn the right to go to the board, especially if they are going to put that Soldier back in front of the CDR/CSM who just administered the Art 15 (the CDR administers, but don't assume the CSM is not supporting the CDR decision). UCMJ does not require a "guilty" because it is very subjective and does not require the same standards as judicial court. In a nutshell, Article 15 only needs to be circumstantial and does not require hard evidence (testimonials are sufficient).
The Commander will put on their recommendation. Junior Enlisted are given the greatest leniency towards filing procedures. Although leniency occurs, having a Field Grade Art 15 usually involves the BN CDR or higher and can bring a lot of variables that affect promotion. Centralized promotions will not be affected other than the Commander or 1SG decide that the Soldier deserves more time to "prove" him/herself to earn the right to go to the board, especially if they are going to put that Soldier back in front of the CDR/CSM who just administered the Art 15 (the CDR administers, but don't assume the CSM is not supporting the CDR decision). UCMJ does not require a "guilty" because it is very subjective and does not require the same standards as judicial court. In a nutshell, Article 15 only needs to be circumstantial and does not require hard evidence (testimonials are sufficient).
This fact sheet contains detailed answers to common questions concerning Article 15s, sometimes called non-judicial punishment. This fact sheet is not intended as a substitute for speaking with a defense attorney. Any soldier who is read a company or field grade Article 15 has an absolute right to consult with a defense attorney before deciding whether to accept the Article 15. What is an Article 15 and why is it sometimes called non-judicial...
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SFC (Join to see) From your statement they wouldn't be given a Field Grade Art. 15 since they are found not guilty and it would stop right there.
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Sgt Aaron Kennedy, MS
This is where a bit of confusion may lie. The Art 15 includes the "Inquiry process" not just the "Guilt/Not-Guilt phase," so you can still be given a Art 15 (p12 in USMC) but it won't be detrimental. They were still given an Art 15, but walked away because the inquiry was clean.
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SFC Pelley, perhaps HRC can answer that one. But if JAG has different opinions, who knows what HRC would say. Quite the pickle.
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LCDR (Join to see)
Once it is done, in about a month I would check with the SJA office or possibly the G1 to see how it was disposed of (local file or OMPF). But do not discuss anything else with them because there is no attorney-client privilege. If it was not guilty on everything, I doubt it would be in OMPF, but make sure that the flag on the file is removed, otherwise, promotion could be held up.
You may want to make an appointment with a defense counsel to discuss further.
You may want to make an appointment with a defense counsel to discuss further.
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