What paperwork is needed for an Article 15?

SSG(P) Private RallyPoint Member — Sun, 19 Jan 2014 10:42:03 -0500

This is my first Art. 15 I've had to fill out as a squad leader, what is required as far as da forms etc, I have the 268 filled out already.

Response by SFC Private RallyPoint Member made Jan 19 at 2014 11:05 AM

SFC Private RallyPoint Member — Sun, 19 Jan 2014 11:05:39 -0500

You will need all DA 4856 and sworn statements from the individuals who wrote the counseling.

Response by LTC Jason Mackay made Jan 19 at 2014 11:17 AM

LTC Jason Mackay — Sun, 19 Jan 2014 11:17:24 -0500

SSG Woodward is right. The Company needs to get that to legal. Legal looks at it all and advises the commander on legal sufficiency and exact articles. Once legal gets it back the process begins. SM may elect to seek counsel.  Is this summarized or a company grade article 15? May also help for overall understanding to do a summary of events of there are more than one. Unsure what the offense(s) is(are). If the SM did something that is field grade art 15, then BN will take it.

Response by MSG Private RallyPoint Member made Jan 20 at 2014 5:43 PM

MSG Private RallyPoint Member — Mon, 20 Jan 2014 17:43:21 -0500

LTC Mackay summed it up pretty well. On the NCO side, you need to ensure before you hand that Soldiers Counseling packet in, that you make sure it is neat i.e. all counselings accounted for to include negative, monthly, etc., ensure they are closed out as in assessments complete, and that they are signed. in addition to the flag initiation form (268), you need to also counsel the Soldier letting him know he is receiving UCMJ punishment and the level it's on i.e. summarized, company, field grade, and the restrictions if any. I've submitted several Art. 15s and can assure you if the paperwork is neat and all accounted for and you've covered all your bases with legal and command, it will be a smooth process.

After the full UCMJ punishment is served you need to submit another 268 to remove the flag and counsel the Soldier again letting him know he/she has completed the punishment and that the flag will be lifted. On the initial counseling you gave him stating he/she was receiving UCMJ you need to complete the assessment summarizing their performance during this time of UCMJ. Ensure in the new counseling that in the plan of action you and that Soldier develop ways to prevent further incidence like the one that gave him and Art. 15.

Response by SSG Richard Reilly made May 1 at 2015 1:49 PM

SSG Richard Reilly — Fri, 01 May 2015 13:49:09 -0400

Technically all you need is ERB, Flag, and sworn statement. The 4856 is required by a lot of legal offices but I would argue that it isn't evidence. Look as a Article 15 as a potential court martial...becuase a Soldier can turn it downa nd request one. You need to make sure that you have evidence tha supports an actual violation of the UCMJ. not a precieved one. Get that paperwork to your 1SG or Commander and have him send it to your legal office. I would expect about a next day turn around if you have everything right.

However avoid, saying "you will be punished" "you violated article 11111UCMJ." just say what happened. Let legal write the lawyer talk.

Response by CPT Pedro Meza made Aug 2 at 2016 5:26 PM

CPT Pedro Meza — Tue, 02 Aug 2016 17:26:03 -0400

See your S-3, and talk to your 1SGT, cause Tops likes to be heard..

Response by SGT Private RallyPoint Member made May 10 at 2018 7:13 PM

SGT Private RallyPoint Member — Thu, 10 May 2018 19:13:54 -0400

1st article 15 ive had to deal with.
Does anyone have a specific list or outline of what is required and how to initiate it? thanks.