Rules for Article 15 punishment within the army reserve component
Some Military personnel are bound to get in trouble regardless of rank and branch of service therefore it is very important
that leaders at all levels know what actions can be taken against misconduct and their limitations. The following is a set of
rules and guidance for imposing nonjudicial punishment by article 15 within the Army Reserve Component.
The purpose of nonjudicial punishment is to correct, educate, and reform offenders whose misconduct does not meet the
criteria for a Military Court Martial. Nonjudicial punishment also proves to be a more efficient way of disposing of minor
infractions in a manner requiring less time and personnel than a Military court martial. Nonjudicial punishment can be
imposed by any Commander, including a Warrant Officer in Command while serving on active duty status and who has not
demanded trial by court martial. The Soldier must be on active duty status (Title 10 status) when receiving nonjudicial
Commanders should consult their supporting Active Duty or Reserve Judge Advocate General JAG prior to initiating article
15 proceedings. The immediate Commander determines whether a minor offence was committed, if non judicial punishment
is appropriate or if the offence needs to be referred to the next Commander in the chain of Command for punishment. In
formal proceedings the Commander advises the suspect of the intent to use formal proceedings, the right to remain silent,
the right to demand trial by court martial, the right to submit matters in defence, Right to consult with legal counsel, right to
have a spokesperson and to request an open hearing and witness.
If the Suspect demands trial by court martial, The Commander must terminate Article 15 proceedings and decide whether
to press charges after consulting with the local Judge Advocate General JAG. If the suspect does not demand trial by court
martial and the decision period expires, the Commander can continue with the Article 15 proceedings. The Commander will
take all matters and evidence submitted by the suspect before deciding whether to impose punishment.
In determining the result of Article 15 proceedings
The Commander has the authority to impose the maximum or minimum punishment under article 15 if he/she decides that the
suspect is guilty. In selecting the appropriate punishment, the Commander should consider the totality of the circumstances
and weigh the desirability of suspending all or part of the punishment. Article 15 proceedings will be terminated If the
Commander decides that the suspect is not guilty or there is a valid reason for not imposing punishment.
How to impose the Article 15
The Commander records the formal Article 15 proceedings on DA Form 2627 or summarized proceedings on DA Form
2627-1 Army Regulation 27-10, Appendix B contains a suggested guide for conducting the proceedings. When imposing
punishment, the Commander advises the suspect of the exact punishment, the right to appeal and the period of time in which
to appeal. After the punishment has been imposed, the Commander will decide whether to announce the punishment IAW AR
27-10, Para. 3-22 or to enforce and modify the punishment.
How to appeal an Article 15 >>>
|Army Rules foe article 15 punishment
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