Introduction
Articles 15 in the military refer to non-judicial punishments that can be imposed on service members for behaviors that are not severe enough to warrant court-martial proceedings. Understanding the potential consequences of an Article 15 is crucial for military members to maintain a positive service record. This article aims to clarify what constitutes an Article 15, the procedures involved, and how it relates to administrative separations.
What is an Article 15?
An Article 15 is described as a 'slap on the wrist' for behaviors that, while not typically felony offenses, still warrant some form of punishment. Essentially, it is a formalized 'chat' with a commanding officer where the member is made aware of the offense and given an opportunity to provide their perspective.
Types of Penalties
Reprimand: A formal statement of disapproval. Extra Duty: Additional tasks or activities required to serve as a form of punishment. Loss of Pay: Reduction in compensation as a disciplinary measure. Loss of Rank: Reduction in position within the military hierarchy. Restriction: Being confined to a specific area when not on duty.Administrative Separations and Article 15
While an Article 15 hearing itself does not necessarily lead to a discharge, administrative separations can be pursued by the commanding officer if they decide that the member no longer fits the service's needs. Here's a breakdown of the process:
Administrative Separation Workflow
Command Notification: The commanding officer formally notifies the service member of their intention to initiate an administrative separation. Submission of Documentation: The command compiles various narrative reports detailing the member's behavior, steps taken to correct the behavior, and recommendations for separation. Chain of Command Review: The package is reviewed by higher command echelons to determine if the separation is justified. Discharge Board Hearing: The service member may be called before an administrative discharge board where they have the opportunity to present their case. They can waive this hearing and be processed out immediately, or defend themselves before the board's decision.Final Verdict: Article 15 vs. Discharge
It is important to note that though an Article 15 and a discharge are distinct procedures, the ultimate decision to separate a service member rests with the command. If the command still deems the service member unsuitable or inappropriate for continued service, they can pursue an administrative separation even after an Article 15 has been issued.
Conclusion
Understanding the nuanced differences between an Article 15 and an administrative separation is crucial for military personnel. While an Article 15 may seem harmless in nature, it could potentially lead to more severe actions, including administrative separation, depending on the circumstances and the decision of higher command. It is always advisable for service members to follow proper channels and seek legal advice when faced with these procedures.