If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record <div class="images-v2-count-0"></div>If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? If so, where? Additionally, what effect could this have on the NCO&#39;s chances of being promoted at a centralized promotion board? No barracks law, please. I have heard so many possibilities. Even the local legal office differs in opinion, depending on who you talk to. Thanks in advance. Thu, 01 Oct 2015 09:34:09 -0400 If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record <div class="images-v2-count-0"></div>If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record? If so, where? Additionally, what effect could this have on the NCO&#39;s chances of being promoted at a centralized promotion board? No barracks law, please. I have heard so many possibilities. Even the local legal office differs in opinion, depending on who you talk to. Thanks in advance. SFC Private RallyPoint Member Thu, 01 Oct 2015 09:34:09 -0400 2015-10-01T09:34:09-04:00 Response by MSG Private RallyPoint Member made Oct 1 at 2015 9:50 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008133&urlhash=1008133 <div class="images-v2-count-0"></div>SFC Pelley, perhaps HRC can answer that one. But if JAG has different opinions, who knows what HRC would say. Quite the pickle. MSG Private RallyPoint Member Thu, 01 Oct 2015 09:50:31 -0400 2015-10-01T09:50:31-04:00 Response by Sgt Aaron Kennedy, MS made Oct 1 at 2015 9:50 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008135&urlhash=1008135 <div class="images-v2-count-0"></div><a target="_blank" href="http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/about-article-15.shtml">http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/about-article-15.shtml</a><br /><br />On the USMC side, it was an administrative action, so it was &quot;recorded&quot; but non-punitive, so in essence, just something that occurred. Just like a p11 entry (which could be positive, negative, or neutral), but on your p12. <br /><br />Based on the site provided the Commander has the option of deciding how it is recorded though, as it is Field Grade. He can choose to make it permanent, or treat it like Summarized (disappears after two years or PCS/PSA). Either way, as it is a &quot;neutral&quot; entry, it should have no bearing on boards, however &quot;should&quot; and &quot;will&quot; are two different things. <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> <img src="https://d26horl2n8pviu.cloudfront.net/link_data_pictures/images/000/023/792/qrc/njs.gif?1443707126"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/about-article-15.shtml">About Article 15 (ArmyStudyGuide.com)</a> </p> <p class="pta-link-card-description">ArmyStudyGuide.com provide extensive information about About Article 15 (ArmyStudyGuide.com)</p> </div> <div class="clearfix"></div> </div> Sgt Aaron Kennedy, MS Thu, 01 Oct 2015 09:50:43 -0400 2015-10-01T09:50:43-04:00 Response by LTC Stephen F. made Oct 1 at 2015 11:07 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008301&urlhash=1008301 <div class="images-v2-count-0"></div><a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="5757" data-source-page-controller="question_response_contents" href="/profiles/5757-88m-motor-transport-operator-46th-transpo-194th-cssb">SFC Private RallyPoint Member</a> I had two Article 15&#39;s. The first was as a PV2 in 1975 which was recorded in my open records. The second one was from a MG while I was a 2LT. That one was placed in my restricted records which are restricted for many situations but not all.<br />As a company commander I administered article 15 proceedings in the 1980&#39;s.<br />As you will note, even though I had two Article 15&#39;s I was promoted to Captain. I received a bad OER from the BG who was aware of my 2nd Article 15 - the bad OER was not directly related to the Article 15. <br />I am stating this because the most important aspect towards promotion is the NCOs&#39; record of performance of duty especially periodic evaluations and recommendations from his/her leaders. <br />The critical thing is that whoever is rating this NCO for the period when the Article 15 proceeding occurred should not consider the Article 15 in his/her efficiency/evaluation review [NCOER if that is still a valid term]. If anything about that incident is included in the NCOER the NCO should challenge the NCOER.<br />I was passed over many times for promotion. It took recommendations from three Flag Officers for the promotion board to select me for LTC a month before mandatory separation. That promotion enabled me to be in to support the war efforts after 9-11-2001. LTC Stephen F. Thu, 01 Oct 2015 11:07:25 -0400 2015-10-01T11:07:25-04:00 Response by MAJ Private RallyPoint Member made Oct 1 at 2015 11:11 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008320&urlhash=1008320 <div class="images-v2-count-0"></div>An NCO&#39;s GUILTY proceedings may be filed in either the restricted or performance OMPF records. I have never heard of not-guilty being uploaded, not guilty Court Martial Orders can be placed in the restricted folder. <br /><br />AR 600-37 &quot;Unfavorable Information&quot; 3-3a. lists Records of courts-martial, CM orders, and nonjudicial punishment can be placed in your record. (from that sentence it seems the imposing commander may choose to record the proceedings) The regulation says records and doesn&#39;t mention anything about validated or guilty. Seems to be that a commander could place the non-guilty proceedings into your OMPF. I hope someone can show that I am wrong as this is weird and probably unintended. <br /><br />There may be EO policy requiring placing the evidence in the restricted portion if you were charged of sexual misconduct, or similar infraction and there wasn&#39;t enough evidence. (this statement is barracks lawyer) MAJ Private RallyPoint Member Thu, 01 Oct 2015 11:11:42 -0400 2015-10-01T11:11:42-04:00 Response by SGM Steve Wettstein made Oct 1 at 2015 1:35 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008700&urlhash=1008700 <div class="images-v2-count-0"></div><a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="5757" data-source-page-controller="question_response_contents" href="/profiles/5757-88m-motor-transport-operator-46th-transpo-194th-cssb">SFC Private RallyPoint Member</a> From your statement they wouldn&#39;t be given a Field Grade Art. 15 since they are found not guilty and it would stop right there. SGM Steve Wettstein Thu, 01 Oct 2015 13:35:25 -0400 2015-10-01T13:35:25-04:00 Response by 1SG Private RallyPoint Member made Oct 1 at 2015 2:40 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1008828&urlhash=1008828 <div class="images-v2-count-0"></div>The Article 15 itself will go away if the investigation found the charges without merit. The Commander should make a finding and that should be the end of it. A centralized board would never see it.<br />I think the risk is by second order effect.<br />The Soldier&#39;s reputation will suffer as a result of this incident.<br />Reputation issues affect things like evaluation reports, recommendations for award, and other positive actions.<br />It isn&#39;t fair, especially if the NCO didn&#39;t do the deed. I note the difference between &quot;not guilty&quot; and &quot;innocent&quot;.<br />The best thing the NCO can do is go out and perform his duties admirably. He needs to overcome this business by proving that he is a quality professional. 1SG Private RallyPoint Member Thu, 01 Oct 2015 14:40:48 -0400 2015-10-01T14:40:48-04:00 Response by SPC Keith Baum made Oct 1 at 2015 7:35 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1009517&urlhash=1009517 <div class="images-v2-count-0"></div><a target="_blank" href="http://www.legalshieldassociate.com/info/kebaum">http://www.legalshieldassociate.com/info/kebaum</a> check my info out.. Thx <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.legalshieldassociate.com/info/kebaum">LegalShield :: Keith E Baum : Independent Associate</a> </p> <p class="pta-link-card-description">LegalShield provider law firms will be there to offer advice or assistance on a variety of issues. Below is a sampling of the areas our legal plan covers.</p> </div> <div class="clearfix"></div> </div> SPC Keith Baum Thu, 01 Oct 2015 19:35:23 -0400 2015-10-01T19:35:23-04:00 Response by LTC Private RallyPoint Member made Oct 6 at 2015 3:19 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1021181&urlhash=1021181 <div class="images-v2-count-0"></div>No, the record would not be filed. If an Article 15 results in a finding of not guilty the DA Form 2627 is required to be destroyed. See AR 27-10, paragraph 3–18(k). LTC Private RallyPoint Member Tue, 06 Oct 2015 15:19:57 -0400 2015-10-06T15:19:57-04:00 Response by CPT Private RallyPoint Member made Oct 6 at 2015 4:03 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1021327&urlhash=1021327 <div class="images-v2-count-0"></div>I am a JAG and have only ever experienced a Commander finding a Soldier entirely &quot;Not Guilty&quot; at Article 15 one time. When that happened, we made a copy for the files in our office (which we typically kept at that time for two years) and the Commander made a copy to keep for his personal records, and that was that. Nothing ever left the Company. CPT Private RallyPoint Member Tue, 06 Oct 2015 16:03:43 -0400 2015-10-06T16:03:43-04:00 Response by SFC Private RallyPoint Member made Mar 1 at 2016 6:25 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1342765&urlhash=1342765 <div class="images-v2-count-0"></div>Update on this situation: after much research and debate, it was determined that the ART 15 would be shredded and would go nowhere. A little background on this case- the original complaint was brought due to a positive urinalysis. It was investigated and found to be purely accidental ingestion of on of the SM&#39;s family members meds (very low dosage, non opioid). What we did do for the SM was to write a MOR for his records from the commander, to have in case it was ever brought up by a future chain of command after a review of ASAP records. Thanks for all who had input. SFC Private RallyPoint Member Tue, 01 Mar 2016 06:25:43 -0500 2016-03-01T06:25:43-05:00 Response by MSgt Private RallyPoint Member made Mar 1 at 2016 12:11 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1343898&urlhash=1343898 <div class="images-v2-count-0"></div>If the Art 15 is unfounded or the soldier is not found guilty of the charges the Art 15 should not be in their service record. Not sure of the form to fill out, but there is one and once it is filled and submitted the Art 15 is supposed to be pulled. <br /><br />The problem the soldier would face is the issue with the Black Chevron Mafia and their ability to spread rumors all over the world. MSgt Private RallyPoint Member Tue, 01 Mar 2016 12:11:02 -0500 2016-03-01T12:11:02-05:00 Response by MSG Private RallyPoint Member made Aug 14 at 2016 4:09 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1805577&urlhash=1805577 <div class="images-v2-count-0"></div>It depends on how the Article 15 was filed. <a target="_blank" href="http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm">http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm</a><br />The Commander will put on their recommendation. Junior Enlisted are given the greatest leniency towards filing procedures. Although leniency occurs, having a Field Grade Art 15 usually involves the BN CDR or higher and can bring a lot of variables that affect promotion. Centralized promotions will not be affected other than the Commander or 1SG decide that the Soldier deserves more time to &quot;prove&quot; him/herself to earn the right to go to the board, especially if they are going to put that Soldier back in front of the CDR/CSM who just administered the Art 15 (the CDR administers, but don&#39;t assume the CSM is not supporting the CDR decision). UCMJ does not require a &quot;guilty&quot; because it is very subjective and does not require the same standards as judicial court. In a nutshell, Article 15 only needs to be circumstantial and does not require hard evidence (testimonials are sufficient). <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> <img src="https://d26horl2n8pviu.cloudfront.net/link_data_pictures/images/000/093/085/qrc/acorrule.gif?1471205178"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.wood.army.mil/sja/TDS/article_15_fact_sheet.htm">ARTICLE 15 FACT SHEET</a> </p> <p class="pta-link-card-description"> This fact sheet contains detailed answers to common questions concerning Article 15s, sometimes called non-judicial punishment. This fact sheet is not intended as a substitute for speaking with a defense attorney. Any soldier who is read a company or field grade Article 15 has an absolute right to consult with a defense attorney before deciding whether to accept the Article 15. What is an Article 15 and why is it sometimes called non-judicial...</p> </div> <div class="clearfix"></div> </div> MSG Private RallyPoint Member Sun, 14 Aug 2016 16:09:45 -0400 2016-08-14T16:09:45-04:00 Response by 1stSgt Eugene Harless made Aug 14 at 2016 4:54 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=1805685&urlhash=1805685 <div class="images-v2-count-0"></div>In the USMC Art 15 was pretty much &quot;Bring the guilty bastard in here&quot;. It was pretty much a general understanding by the Marine that he was guilty and to just take his medicine. The Page 12 and Restriction EPD papers were already typed up. I never saw a CO find someone not guilty. If something was amiss Usually the 1st Sgt would get to the bottom of it well before hand and rip the charge sheet up and recommend another course of action like a page 11 or a NCO counseling. 1stSgt Eugene Harless Sun, 14 Aug 2016 16:54:27 -0400 2016-08-14T16:54:27-04:00 Response by LT Terry Lober made May 19 at 2018 8:07 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=3643303&urlhash=3643303 <div class="images-v2-count-0"></div>NO. A finding by the CA of innocence means the Art 15 never sees your 201 file. LT Terry Lober Sat, 19 May 2018 20:07:46 -0400 2018-05-19T20:07:46-04:00 Response by LT Terry Lober made Dec 11 at 2018 11:59 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=4199830&urlhash=4199830 <div class="images-v2-count-0"></div>A NJO that is dismissed cannot be placed in your SRB. Read the regs. LT Terry Lober Tue, 11 Dec 2018 11:59:52 -0500 2018-12-11T11:59:52-05:00 Response by SSG Jeffrey Harper made Feb 2 at 2019 9:17 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=4335949&urlhash=4335949 <div class="images-v2-count-0"></div>First of this is BS! The Army always does this! Found not guilty which means they didn’t do what they was accused of!! Now he has lost rank, money is career is over! BS!! SSG Jeffrey Harper Sat, 02 Feb 2019 09:17:36 -0500 2019-02-02T09:17:36-05:00 Response by SFC Ernest Thurston made Aug 11 at 2019 10:29 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=4905032&urlhash=4905032 <div class="images-v2-count-0"></div>Not being sarcastic, but if you don&#39;t want any barracks lawyers and you want to find out the facts, go see JAG. You might want to talk to you PAC NCO. They can tell you what goes into your record. Just from my experience as an MP investigator, I will tell you that if it was a criminal offense and it was reported to the MPs, it went on the MP Blotter the original offense will stay there forever but there will be an amended Blotter entry correcting the facts. It&#39;s like everything else in life these days if it gets on the internet it never dies. Sorry. It should not affect your promotions but you may have to explain it to the board. SFC Ernest Thurston Sun, 11 Aug 2019 10:29:05 -0400 2019-08-11T10:29:05-04:00 Response by CPT William Jones made Apr 26 at 2020 1:15 PM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=5818928&urlhash=5818928 <div class="images-v2-count-0"></div>I would think an Art 15 offered then Commander finds the Sm not guilty of the offenses would be the same as charged in a court of law and found not guilty. Might even be as simple as destroying all the paperwork. But there is a time limit as to how long art 15 papers stay in file and they must be remove at the end of that period. CPT William Jones Sun, 26 Apr 2020 13:15:46 -0400 2020-04-26T13:15:46-04:00 Response by SGT Gary Williams made Apr 16 at 2022 9:55 AM https://www.rallypoint.com/answers/if-a-soldier-nco-is-given-a-field-grade-article-15-but-is-found-not-guilty-on-all-counts-are-the-proceedings-filed-in-their-record?n=7627494&urlhash=7627494 <div class="images-v2-count-0"></div>SFC Pelley, <br />I was a Personnel Records Sergeant from 81-90 with my last assignment was at USARPERCEN, when it was in St Louis. Now, the Regs have changed since 90, but I can offer you whatI remember and where you can look up the appropriate regulation to confirm or learn. <br /> When an Article 15 has been adjudicated, yes it goes into your personnel file. The key to that is the findings of that article 15. The findings determine how long it stays in your file. Please see the link I have provided so you can see for yourself how long a “Not Guilty” finding stays in your record. <br /> Furthermore, if your chain of command and promotion boards do not take the time to fully research a potential NCO promotions then the system has deteriorated severely since I got out. CPB, if that document is still in your file when reviewed, will see the NG and immediately refer to your last 3 NCOERs ( or they should). NCOERs always confirm the promotion potential of an NCO.<br />I hope this helps you Sarge, and God Speed!!<br /><br /><a target="_blank" href="https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_104.pdf">https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_104.pdf</a> <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_104.pdf">r600_8_104.pdf</a> </p> <p class="pta-link-card-description"></p> </div> <div class="clearfix"></div> </div> SGT Gary Williams Sat, 16 Apr 2022 09:55:17 -0400 2022-04-16T09:55:17-04:00 2015-10-01T09:34:09-04:00