Posted on May 8, 2021
If I have not had any of my counselings closed for the last 7-8 months, is there any way I could fight my article 15?
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So here’s my question, if I have not had any of my counseling’s closed for the last 7-8 months is there any way I could fight my article 15?
I received a company grade article 15, demotion and extra duty. I was speaking from a very close friend of mine who recently just picked up his 5 and he mentioned to me something about that if none of my counseling’s have not been closed out that I might be able to fight this. Should I try to? Or just keep my head low and Cherie mike? Only reason I ask this is I’m coming up on 4 years in, was about to get my automatic p status due to my leadership not sending myself and us being in the field quit a bit. Thank you in advance.
I received a company grade article 15, demotion and extra duty. I was speaking from a very close friend of mine who recently just picked up his 5 and he mentioned to me something about that if none of my counseling’s have not been closed out that I might be able to fight this. Should I try to? Or just keep my head low and Cherie mike? Only reason I ask this is I’m coming up on 4 years in, was about to get my automatic p status due to my leadership not sending myself and us being in the field quit a bit. Thank you in advance.
JAG
Legal Assistant
Posted >1 y ago
Responses: 9
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Contrary to popular belief, there are no loopholes you can use to escape an Article 15.
I would suggest that whatever friend told you that urban legend, you don't lean on them for accurate counsel in the future
I would suggest that whatever friend told you that urban legend, you don't lean on them for accurate counsel in the future
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Like other's said, if the punishment has started, probably not. What was the ART15 for?
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MAJ Byron Oyler
You own that and the open counselings will not change it and if you got anything less than a FG with 45/45 and loss of two ranks, you got off easy. Some of the reason for NJP is you can recover from this and your willingness to so quickly to respond you will do fine. If you can find a senior NCO or officer that went to church every Sunday and was a virgin until married then you have either found a unicorn or a liar. The mistakes we make it our 20s many are lucky to survive until our 40s.
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SFC Casey O'Mally
SPC (Join to see) With that "rap sheet" it does not matter what your counselings do or do not say. It doesn't even matter if you were never counseled a day in your life. Drunk on duty is going to stick. There is absolutely no "I didn't know" or "they didn't rehabilitate me" involved in that. Same with telling PSG to go F himself. No gray area involved. Maybe if it had been a lax parade rest or an eyeroll or something, you could make the argument that you didn't realize it was disrespect. *Then* counselings could make a difference. But in your case... Don't fight. Don't even give the appearance of thinking about fighting. Admit your mistakes, own them, and vow to be a better Soldier. Then exceed your promises.
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My remembrance from last century is that one has to decide whether to accept an Article 15 prior to the administration. You can demand a Special Court and fight it there, or, if the CO was bluffing in the first place, that ends it. Law could have changed.
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