How long does a company grade Article 15 stay on your record

The most frequent type of military discipline available under the Uniform Code of Military Justice (UCMJ) is an Article 15. (Article 15s are formally referred to as nonjudicial punishment, though they are called "office hours" in the Marine Corps and "mast" in the Navy and Coast Guard.) Commanders can impose Article 15s because no formal criminal proceeding is required to do so. An Article 15 doesn't create a criminal record and, in some cases, will end up being removed from military records.

Article 15s are supposed to be imposed for minor disciplinary problems only, but sometimes commanders will issue one to an officer or other high-ranking member of the military to prevent more severe punishment for serious disciplinary offenses.

Proof Required for an Article 15

All of the branches of the military follow similar Article 15 procedures, although the proof required to impose an Article 15 does vary. For example, the Navy and Marines require "clear and convincing" proof of the infraction, whereas the Army and Air Force require that there be no "reasonable doubt" that the infraction occurred. Often, however, commanders aren't even aware of these required standards of proof. They will simply have evidence of a disciplinary problem and will impose an Article 15 on that basis.

Right to Refuse an Article 15

A soldier has the right to refuse to accept an Article 15 and instead request trial by court-martial. But it's important to know that accepting an Article 15 is not an admission that you're guilty.

You should be allowed to consult with a military defense attorney before deciding whether to accept or reject the Article 15. A punishment by court-martial can be much more severe, so you will want to make this decision carefully.

Summary Court-Martial

Sometimes Article 15s are referred to a summary court-martial. You have the right to refuse a summary court-martial.

In a summary court-martial, one military officer serves in four roles; prosecutor, defense attorney, judge and jury. This officer has the obligation to investigate the facts underlying the Article 15 by making inquiries of you and your accuser and to draw a factual conclusion as to your guilt or innocence based on the evidence gathered. If the military officer has any legal questions, he or she may make inquiries to a judge advocate.

Unfortunately, you have no right to a military defense attorney at a summary court-martial, although technically you can hire a private attorney. However, often your use of a civilian attorney is restricted. You can always ask another service member to speak on your behalf or ask the Judge Advocate General (JAG) for a spokesperson to assist you. You do have the right to see the evidence against you before the start of the proceedings.

Preliminary Proceeding

At the preliminary hearing, you will be given a copy of the charge sheet and the following information:

• the name of the person who has accused you of an infraction
• what you are being charged with
• the names of witnesses that will be presented against you, and
• any documents or other evidence that will be submitted against you.

You have the right to review all documents that will be presented against you at trial and to see your related personnel records. You also have the right to refuse a trial by summary court-martial.

Your protections at a Summary Court-Martial include the right to:

• plead guilty or not guilty
• present witnesses and evidence at trial (including sworn statements from witnesses)
• testify or remain silent, without your silence being taken as an admission of fault
• be informed of the maximum possible sentence, and
• if found guilty, the right to:
  • remain silent, or
  • make a written or verbal statement and/or introduce new evidence to show extenuating circumstances or to support a mitigation (reduction) in punishment.

Trial

The presentation of evidence at a Summary Court-Martial is governed by the Military Rules of Evidence. These rules are similar to the evidence rules used in civilian court. The fact that these evidence rules are used means that only evidence that meets certain requirements can be admitted. For example, your buddy cannot testify that he heard someone else say you were innocent, because that is called hearsay. But you can call the person who said you were innocent and ask them to explain why they said it. These rules can get complicated, which is why it helps to at least talk with an attorney before the proceedings, so you can be prepared.

It is the responsibility of the officer convening the Summary Court-Martial to arrange for the attendance of any witnesses you request on your own behalf. The witnesses of the prosecution will testify first, and you will have the right to cross-examine them (ask them questions). Next you get to call your own witnesses.

After that, the officer will announce the finding of guilty or not guilty. If the finding is guilty, your sentence will also be announced. If part of your sentence will be a confinement, you have the right to ask to have that punishment deferred.

A written record of the proceedings will be prepared and you have the right to receive a copy of it. This is important, because you will want to have a copy of the trial record in case you decide to appeal.

Article 15s and Your Future

An Article 15 in your military record can impact your ability to obtain special assignments, promotions, or security clearances. If some time has passed without any further disciplinary issues, sometimes you can get your Article 15 removed from your file. It's to your advantage to avoid further disciplinary issues in order to improve your chances of your Article 15 not following you throughout your military career.

An Article 15 could also get removed after you earn a promotion. Article 15s filed on base at the JAG office often get removed after two years. Other Article 15s become part of your permanent military record and may be more difficult to get removed.

If you are issued an Article 15 for an incident involving an arrest, you should be aware that, although you will not have a criminal record, the Department of Defense does permit arrests to be reported to the FBI. This can impact your civilian career later on. Ask your commander to contact the FBI to get the record of your arrest removed. If your commander won't help, you can file a privacy act request to ask the FBI to remove it. Talk to the military defense attorney on your base to ask for assistance.

Finally, in some situations, you could be discharged after an Article 15 through the administrative discharge process (though you can't be dishonorably discharged for an Article 15). It could also lead to a negative service characterization, which could affect your veterans benefits.

In contrast to formal courts-martial, Article 15 procedures in the U.S. military are a form of non-judicial discipline conducted by commanders. They do not result in a criminal record and may not affect a service member’s record in the military. These are the most common type of disciplinary proceeding in the armed forces and are usually limited to minor violations. A more serious offense will be handled through a formal court-martial. If a service member does not want to accept Article 15 penalties, they can request a court-martial, but this may result in more severe consequences. A service member should discuss the pros and cons of going to a court-martial with an attorney. (Read more here about courts-martial.)

Technically, imposing penalties under Article 15 in the Army and the Air Force requires proof of a violation beyond a reasonable doubt. Imposing penalties under Article 15 in the Navy and the Marines, by contrast, requires clear and convincing proof, which is a lesser standard. In reality, commanders often do not carefully consider the meaning of various standards of proof in imposing penalties.

A military service member may be able to have their record of an Article 15 violation removed if they do not commit any more violations for a certain time. This might be two years if the Article 15 was filed at the Judge Attorney General office on a military base. Otherwise, an Article 15 violation can affect their future access to security clearances, as well as their chances of obtaining a promotion or certain types of assignments. Sometimes getting a promotion can wipe out a record of an Article 15 violation as well.

If you were arrested during the events that resulted in Article 15 penalties, you may face consequences in your civilian life. This is because arrests may be reported to the FBI. You can ask your commander to help you ask the FBI to remove the record of your arrest, or you can submit a request under privacy laws. As noted above, Article 15 does not result in a criminal record, so you should not face the same types of obstacles that people with convictions in a civilian court often face.

An Article 15 case may be referred to a less formal type of court-martial, known as a summary court-martial. If you do not want your case to be decided at a summary court-martial, you have the right to refuse it. You do not have a right to a free military defense attorney in a summary court-martial, as you would in other types of courts-martial, but you can hire a civilian defense attorney if you choose. You can see the evidence against you before the proceedings begin, as well as the nature of your charge and the names of your accuser and prosecution witnesses. You can ask for a spokesperson or other service members to speak on your behalf. However, a single officer will evaluate the evidence and make a decision. They will question both the accuser and the accused about their version of events, and they can ask for legal advice from a judge advocate if needed.

Military service members have a limited set of rights at a summary court-martial. They will be allowed to present witnesses and evidence, and they are free to remain silent without an inference of their guilt. They have a right to know the maximum possible sentence before the proceedings begin, and they can plead guilty or not guilty. They also have a right to make a statement or present further evidence to support a reduction in their penalties if they are found guilty. (They can ask to defer any part of their sentence that involves confinement.) They have a right to appeal if they are found guilty, using a copy of the trial record. The Military Rules of Evidence apply in these proceedings, so there are limits on the admissibility of evidence that are similar to the limits in civilian courts.

Last reviewed October 2021