Article 15 & the Discipline Process
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When you are in the military, you are expected to uphold certain standards and comply with strict regulations. If an individual fails to do so, they may face serious repercussions and disciplinary action. However, many times an individual can face unjust accusations or be disciplined for simple misunderstandings. If you are a member of the military and find yourself facing Article 15 discipline, you need a legal advocate who can step in and protect your future.
The Law Office of Victor Bakke, ALC is a seasoned firm that offers dedicated counsel and representation to military servicemembers. We are passionate about safeguarding the rights and freedoms of the individuals who so willingly serve our country. Our Honolulu military defense lawyer brings decades of experience to the table and is relentless in all matters.
If you are facing an Article 15, don't go through it alone! Schedule a case consultation.
What to Expect in an Article 15 Procedure
While not all branches of the military use the same name for an Article 15, they all use relatively similar procedures. For example, the Navy and Coast Guard call it "mast" and the Marine Corps refers to it as "office hours." What is unique about an Article 15 is that there is no formal criminal proceeding, so commanders can enforce punishments through this without going to trial. While they are used for minor disciplinary issues and don't create a criminal record, it may still be beneficial to attempt to removal it from your military record.
What are the proof requirements in Article 15 cases?
- Navy & Marines: There must be clear and convincing proof of an infraction.
- Army & Air Force: There must be no reasonable doubt that the infraction took place.
However, commanders are not always aware of these standards of proof and may step outside of them to bring swift disciplinary action. As a servicemember, you have the right to refuse to accept such disciplinary proceedings and request a trial by court martial. Since you have the option to accept or reject the Article 15, it is important for you to consult with a Honolulu military defense attorney who can advise you on the best possible path for your case.
Concerned about your Article 15? Unsure of what steps to take next?
Contact the Law Office of Victor Bakke, ALC to discuss your case with our knowledgeable defense team!