Posted on Jul 12, 2019
Can a field grade article 15 be given for lying to a senior NCO?
26.8K
42
22
1
1
0
So last week I was read for a company grade Article 15, I was reduced by one rank and given 14/14.
This week on Monday, we had a pre-deployment processing formation at 0700 which took place at the SRP site. After morning formation I stood by the Processing center even though I wasn’t scheduled until Wednesday. Before doing so, I had asked my 1SG if I could to which he replied “Okay”, since my first line (SPC, also battle buddy) was in the processing center. A few hours later he calls me asking where I am. I tell him I’m still at the SRP site in my car like I had asked to be and he starts asking me questions about if my battle buddy knew I was in there. I told him “idk” and “I thought he knew” even though I wasn’t 100% sure. He then calls my battle buddy and sure enough he wasn’t 100% sure that I was outside so he said he didn’t know where I was. I also told my 1sg that he had texted me telling me he should be out of there by lunch time. He took that information and had implemented that me and my battle buddy planned to meet up for lunch instead of reporting to work. (Which we didn’t)
Later that day he approaches me with sworn statement paperwork. I waive my rights and refuse to speak or answer any questions out of fear that he would word the questions so that I was wrong either way. That was all on Monday, well today he calls me into his office with a counseling that is recommending UCMJ action for “lying to a senior non commissioned officer” I elected to disagree and an currently writing a sworn statement in ADA format.
Knowing how my unit is I have every reason to believe the article will go through. Since I’m still flagged for my last article he is recommending UCMJ action and that I maintain my Adverse Action flag.
Does anyone have any tips or advice that I could use to my advantage in my ADA disagreement statement. IE anything that covers personnel accountability or anything? Also if anyone knows since I’m receiving a second article in such a relatively short period of time if it would be field grade, can you let me know?
Thank you very much and I plan to overcome this, there’s no mountain high enough. Also pm me if need be...
This week on Monday, we had a pre-deployment processing formation at 0700 which took place at the SRP site. After morning formation I stood by the Processing center even though I wasn’t scheduled until Wednesday. Before doing so, I had asked my 1SG if I could to which he replied “Okay”, since my first line (SPC, also battle buddy) was in the processing center. A few hours later he calls me asking where I am. I tell him I’m still at the SRP site in my car like I had asked to be and he starts asking me questions about if my battle buddy knew I was in there. I told him “idk” and “I thought he knew” even though I wasn’t 100% sure. He then calls my battle buddy and sure enough he wasn’t 100% sure that I was outside so he said he didn’t know where I was. I also told my 1sg that he had texted me telling me he should be out of there by lunch time. He took that information and had implemented that me and my battle buddy planned to meet up for lunch instead of reporting to work. (Which we didn’t)
Later that day he approaches me with sworn statement paperwork. I waive my rights and refuse to speak or answer any questions out of fear that he would word the questions so that I was wrong either way. That was all on Monday, well today he calls me into his office with a counseling that is recommending UCMJ action for “lying to a senior non commissioned officer” I elected to disagree and an currently writing a sworn statement in ADA format.
Knowing how my unit is I have every reason to believe the article will go through. Since I’m still flagged for my last article he is recommending UCMJ action and that I maintain my Adverse Action flag.
Does anyone have any tips or advice that I could use to my advantage in my ADA disagreement statement. IE anything that covers personnel accountability or anything? Also if anyone knows since I’m receiving a second article in such a relatively short period of time if it would be field grade, can you let me know?
Thank you very much and I plan to overcome this, there’s no mountain high enough. Also pm me if need be...
Punishment
Article 15
Help
Career Advice
Legal Services
Posted 5 y ago
Responses: 12
7
7
0
You can disagree, it is what the commander believes that matters. If you don’t have faith, you either request a Court Martial or deal with the consequences of an AR 15. None the less, your recourse is slim. Do the right thing, stand up and face your accusers. If you are wrong admit it, if you are not ask a Lawyer what is your best bet. Good luck
(7)
(0)
6
6
0
Ok. First, your disagreement statement does not mean or account for squat. It is just you disagreeing to what is written above and taking the opportunity to give your side of things or at least your perspective. Be careful what you put in there. It CAN be used against you as it is an official statement.
Second, Article 15's do not work like that. They do not get 'bumped up' simply due to the shortness of time they fall. It depends on what your First Sergeant recommends to the commander and on what he or she decides is ultimately appropriate.
You need to go to JAG.
Second, Article 15's do not work like that. They do not get 'bumped up' simply due to the shortness of time they fall. It depends on what your First Sergeant recommends to the commander and on what he or she decides is ultimately appropriate.
You need to go to JAG.
(6)
(0)
4
4
0
Read This Next
Continue with Facebook 
Continue with Google