is there a limit on how long the article 15 can be prepared, and i wasnt counseled about being flagged...?

Question

Look unlike everyone else here i am slightly admitting what i did.. i made a silly poem about my unit and posted it on face book...over a month ago one nco caught wind of it and turned it in. he called me and told me to take it off (which i did within 5 minutes of receiving the call) i just discovered i was flagged today. I looked on my erb and discovered i was flagged on 21 sep. and i wasnt counseled about it or anything. i am apparently facing a company grade article 15 (something that was told to me on 22 september) again i wasnt counseled about this either havent heard anything else.. i was wondering if there is a statute of limitation or something like this. seems like you have to be counseled first just asking and please quote an AR i dont want any of that bs unless you can back it up with an AR

Answer 1

I don't know what the army has, but the USAF has an Area Defense Council. The ADC's sole role is to help those who are facing adverse action. I'd be willing to bet that each service has the equivalent of an ADC. Do not make or sign any formal statements or admissions of guilt until you have been advised by your defenders. Your chain should have notified you of this.

Answer 2

Hello my friend, i can not tell you how many times that FB has been used against people in the Military and Civilian World nowadays. I do know that some of the NCOs nowadays are not taking care of there Soldiers, i witness this in my last year before retiring this year. I had Soldiers coming to me complaining about what was not happening. You should have received a counseling statement regardless if you were getting flagged or not. He/She was suppose to counsel you on your conduct and what you did was unacceptable and can lead to a Article 15. If the Company is still gathering evidence, then there is no statue of limitation. If they are going to give you a Article 15, then it should be done between 30-60 days. If they flagged you on the 21st, i say it is coming soon. You know they have to go through legal and that can slow down things. If you have nothing else you could have been flagged for PT, being late to formation, etc. Then you have the right to question the flag.



They will have to tell you why. If you plan on making the Military a career, i suggest you walk the right path. You know with the economy being bad, everyone is running to the Military right now. They claim that Prior Service is not being accepted at this time.

Answer 3

Technically they don't have to even tell you that they are doing an investigation (Commanders Inquiry) During that investigation usually not exceeding 45 days you are usually flagged for administrative action. If they do perfer UCMJ charges or non judicial punishment you will get to see trial defense. With a company grade ART15, just take the article as it stays in the local file and you can only loose a maximum of one rank.

Even better is when you go to trial defense...see if they can work out a deal for a summarized article 15.

Save you money...you could loose 1/2 of 1 months pay.

Answer 4

Here is what you should do instead of asking someone on yahoo ask someone that has alot of experience in that area. Go to either the Inspector Generals office and talk to them about you problem or/and go to TDS(Trial Defense Services) they should have one of those on your post these are lawyers that are there to help soldiers in the event of a Article 15 or any other legal action the military may bring against you. Remember this before you every sign anything that could negatively affect your career talk to TDS.