1962—Ziff. (a). Pub. L. Former item (a) renamed (b). For any other questions, personal advice or concerns, please contact the Legal Officers of the Federal Practice Group. This information does not constitute legal advice and does not replace the need to consult a lawyer. During the second reading, there is no fixed script to follow for the commander. As a rule, however, the commander asks the soldier if he has anything to present. The soldier then presents what he wants. The commander then makes a decision immediately or interrupts the procedure to make a decision. The commander sometimes consults with the chain of command before making a decision.

He then calls the soldier back and informs him of the decision. It is important to note that the standard of proof in an Article 15 in the military is beyond a reasonable doubt. This means that a soldier can only be convicted if the charges against him are proven beyond a doubt, the same legal standard for a court martial and other criminal proceedings. The soldier in question must decide immediately whether to appeal the results or the sentence. Article 15 complaints are explained in more detail at this link. Point (b). Pub. L. 87–648 renamed old sub-paragraph.

Former item (b) renamed (a). One of your rights is to refuse punishment. If you do, the commanding officer has several options: deny the charges, warn you and continue, or go to court martial; or initiate discharge proceedings. You should talk to us before rejecting Mast – the strengths and weaknesses of your case must be weighed against the risks in a court martial, where the penalties are harsher. Many times, the person is charged with certain minor offences for which he has a defense, but if he rejects Mast, a more detailed investigation is conducted and more serious charges are discovered, which «hurts» in a court martial and increases the likelihood of conviction. in point (a), the words `no more` shall be replaced by the words `a period which shall not be exceeded`, `shall not exceed` and `a period which shall not be exceeded`. Section 15 of the UCMJ allows a commanding officer to impose a sentence without the need to try him. This is called extrajudicial sentencing. In maritime services, you will hear the procedure called captain`s mast (or admiral`s mast) or office hours in the Marine Corps. We helped many soldiers prepare a case to present to the commander before an NJP hearing. Part of this package may include legal arguments about why you have not committed a UCMJ crime or why your character is so good that you should be treated with leniency.

(d), (e). L. 87-648 added subsec. d), renamed the former subsection. (d) As paragraph (e), provisions have been inserted requiring the authority to respond to an appeal against one of the seven sanctions listed to refer the case to an Army or Air Force judge, a Navy attorney or a Marine Corps attorney. Seek advice from the Coast Guard or the Department of Finance and refer a matter through the sanctions appeal process to the subsection. (b) of this section and replaced by «The higher authority may exercise in respect of the sentence imposed the same powers as may be exercised under clause (d) by the officer who imposed the penalty» for «The officer imposing the penalty, his successor and the higher authority may suspend any part or amount of the penalty; Repeal or renounce, and restore all rights, privileges and property concerned. Former item (e) renamed (f). Once the soldier concerned has had the opportunity to consult a lawyer, the «second reading» of Article 15 is scheduled. The soldier must be prepared to conduct the elections discussed above in second reading and present a full defense and/or mitigation and mitigation issues. This may include the soldier`s testimony, written evidence signed by the soldier, living witnesses, affidavits, file notes, written statements of support and/or other evidence (text messages, videos, photos, emails, etc.).

What is to be presented at a second reading of an Article 15 should be discussed in detail with an experienced military lawyer. Any soldier facing the Article 15 process may meet with a JAG assigned to the Trial Defence Services (TDS). These CCGs generally have limited time to address Section 15 clients, otherwise they have a high workload. As a rule, a soldier must prepare his own defense, TDS offering to check everything he proposes. For many reasons, this is usually ill-advised. Soldiers facing an Article 15 have the option of hiring a civilian lawyer to assist them in their decisions and reactions. The amendment by Pub. L. 114-328 entered into force on January 1, 2019, as designated by the President, with implementing rules and provisions on applicability to various situations, see Article 5542 of the pub. L. 114-328 and the order of Ex. No 13825, which are listed as notes in Article 801 of that title.

Article 15 is prescribed – penalties may not be imposed more than two years after the alleged misconduct. However, it may be a good idea to lift the restriction, especially if you are in section 15 for relatively serious crimes that could result in a very heavy sentence at court martial. Call us to discuss. A section 15 hearing is not a conviction, it is an administrative sanction. If you have been investigated by an MCIO and the matter has been resolved in the NJP, there may still be a record of that arrest and charges in the federal database of arrests and convictions. Sometimes a section 15 offence for these allegations is flagged as a conviction.