Posted on Oct 20, 2017
SGT Unit Supply Specialist
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From the first counseling that says a soldier is getting recommended for UCMJ, how long do company commanders have to give a first reading? Where in the regulation can I find this information?
Posted in these groups: Ucmj UCMJ
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Was DA Form 2627 used? That would have been the first reading. Has the SM involved gone to TDS yet?
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SGT Unit Supply Specialist
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SM only received 4856 by NCO recommending UCMJ. It's been 7 work days since.
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Could still be in the inquiry phase, basically the CO will be deciding based on evidence presented whether or not the SM probably committed an offense. I don't know if there's a time limit on that. If the CO feels that the SM probably committed the offense then JAG will do their thing and the SM will be informed of a time and date to report to the CO where a first reading will be conducted with 2627. During the first reading the CO doesn't decide guilt, just informs the SM of intent to consider UCMJ action against them, gets some requests from the SM, and the information on how to contact Trial Defense Services (TDS). Which, always always go to TDS.
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In AR don't be a scrub
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An article 15 has a statute of limitations of 2 years from the time of the incident. There is no requirement that the 15 be given within a certain amount of time following a counseling. I would recommend you speak with an attorney from TDS. They are free defense attorneys paid for by the army to help soldiers facing punishment. The regulation you are looking for is AR 27-10.
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CPL Motor Transport Operator
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My attorney sucked and didn't help me one bit for mine. I was given the Artcle 15 a month after I had a Congressional Inspection come in. They did it for retaliation purposes. If the stuff they did to me in May 2016 while at a 5 day stint at the range didn't happen, I would have never files a complaint. I didn't go through the I.G. because I didn't think they could help me probably because they were in cahoots with my whole echelon. I didn't know who I could trust anymore.
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