Can I appeal an Article 15 after I initially decline? | AskTOP.net – Leader Development for Army Professionals

Can I appeal an Article 15 after I initially decline?

I am in AIT and recently got an Article 15: 14/14. I was given the Article 15 unfairly in that I have previously done similar things but did not do it this time and was blamed for it. It simply isn't fair. My commander stated during the Article 15 hearing that he found me guilty of my reputation (being sarcastic and a goofball). What can I do? Can I appeal this even though I initially turned down the appeal? Will they hold be back in AIT longer than required?

I have good news and bad news. The good news is you do have an option: go back in and request an appeal. Even though you initially denied, most commands will usually allow it to go forward. AR 27-10 allows up to 5 days for an individual to determine if they would like to appeal. Then you must submit your defense to the Battalion Commander. He can then determine to let the punishment stand, reduce the punishment, or totally revoke the punishment. A total revocation is rare but they do happen if you can prove you were correct or that the punishment is too harsh for the offense.

The bad news is that you will have to stay at AIT during this time while the action is being adjudicated. Typically all punishments will be suspended pending the appeal. Usually you will continue extra duty unless the appeal takes a long time.

Word of advice: In some way you have given the impression that you are a less-than-professional Soldier. Your reputation is key to your success in life. If others have a negative opinion of you based on your actions, this can haunt you throughout your life. It is important that you carry yourself as a professional at all times. Otherwise you might find yourself in a similar situation in the future.

For more information on article 15 procedures please read AR 27-10 as it relates to appeals:

Para 3-29: Only one appeal is permissible under Article 15 proceedings. Provisions for other administrative relief measures are contained in paragraph 3–43. An appeal not made within a reasonable time may be rejected as untimely by the superior authority. A reasonable time will vary according to the situation; however, an appeal (including all documentary matters) submitted more than 5 calendar days after the punishment is imposed will be presumed to be untimely, unless the superior commander, in the superior commander’s sound discretion for good cause shown, determines it to be timely.

b. If, at the time of imposition of punishment, the Soldier indicates a desire not to appeal, the superior authority may reject a subsequent election to appeal, even though it is made within the 5-day period. Although a suspended punishment may be appealed, no appeal is authorized from the vacation of suspended punishment.

Para 3-31: All appeals will be made on DA Form 2627 or DA Form 2627–1 and forwarded through the imposing commander or successor-in-command, when applicable, to the superior authority. The superior authority will act on the appeal unless otherwise directed by competent authority. The Soldier may attach documents to the appeal for consideration. A Soldier is not required to state reasons for the Soldier’s appeal; however, the Soldier may do so. For example, the person may state the following in the appeal:

a. Based on the evidence the Soldier does not believe the Soldier is guilty.

b. The punishment imposed is excessive, or that a certain punishment should be mitigated or suspended.

With regard to holding you back they could let you PCS at your designated completion date, or hold you until your punishment is funished.  If you appeal you will most likely be held back until your appeal is completed. This could take 3-7 days depending on the situation.

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posted on 11/25/2011 under Q&A
Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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