Is there such a thing as double jeopardy protection, similar to the 7th Amendment, for the military?

2017-03-23T01:06:37-04:00

Example: can a soldier be involuntarily separated under Chapter 14 if they have already received an Article 15 for the same offense?

Response by SSgt Private RallyPoint Member made Mar 23 at 2017 3:30 AM

2017-03-23T03:30:33-04:00

a discharge has nothing to do with double jeopardy. double jeopardy is protection against being prosecuted for the same crime twice, which you do have. they can not ART. 15 and then court martial you for the same offence. But they can NJP you and then discharge you.

Response by SSG Private RallyPoint Member made Mar 23 at 2017 5:19 AM

2017-03-23T05:19:52-04:00

you can not get court marshaled twice for the same offence however you can be punished and then receive other administrative actions like a chapter. A chapter is administrative not punitive.

Response by LTC Private RallyPoint Member made Mar 23 at 2017 6:21 AM

2017-03-23T06:21:03-04:00

2LT Private RallyPoint Member administrative verse court marshal are different. As always see your local JAG or Trial Defense for best advise and options.

Response by SGM Erik Marquez made Mar 23 at 2017 10:02 AM

2017-03-23T10:02:37-04:00

"can a soldier be involuntarily separated under Chapter 14 if they have already received an Article 15 for the same offense?"

YES, One is Military Justice, the other is administrative action.

You could not receive an ART 15 for theft, and then later CM for theft of the same thing.

If you were caught with a stolen piece of property, and given an ART 15 for it, and it was later discovered you had burglarized a home to steal the property, assaulted the owner... then Im not positive but I "think" you would be safe from the crime of property theft, but could be charged for the other crimes committed

Response by LTJG Richard Bruce made Mar 23 at 2017 9:31 PM

2017-03-23T21:31:05-04:00

Going to Mast (Art15) is administrative even though one may be sent to correctional custody up to 30days depending on the rank of the CO. Manual of Courts Martial explains the process.
Easy to find a pdf file on the internet.

SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
§ 815. Art. 15. Commanding Officer’s non-judicial punishment
(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

Response by 2LT Private RallyPoint Member made Mar 23 at 2017 11:51 PM

2017-03-23T23:51:50-04:00

Thank you all for your amazing contributions. I'll be sure to pass on the helpful information y'all have provided.

Response by LTC Jason Mackay made Mar 24 at 2017 1:21 AM

2017-03-24T01:21:38-04:00

Chapters are administrative actions. Article 15s are non judicial punishment, also administrative. You can get both. Happens all the time.

Response by 1SG(P) Private RallyPoint Member made Mar 25 at 2017 9:36 AM

2017-03-25T09:36:44-04:00

What you're describing isn't double jeopardy.