Can you refuse an article 15?
Asked by: Benjamin Heathcote | Last update: February 17, 2026Score: 5/5 (16 votes)
Yes, you absolutely can refuse (or "turn down") an Article 15 and demand a court-martial, but it's a serious decision with significant consequences, often requiring consultation with a military defense attorney (Trial Defense Services - TDS) as your command must then decide to drop the case or proceed to a court-martial, which carries potentially harsher penalties like a federal conviction, discharge, and jail time, but also offers higher standards of proof.
Can you deny an article 15?
Whether you accept or refuse an Article 15, you must sign the form and indicate your choice. If you refuse to sign it, the law gives your Commander the right to treat the Article 15 as if you had accepted it. Accepting the Article 15 is not an admission of guilt.
Does a soldier have to accept an article 15?
A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial. If I agree to accept the Article 15, am I admitting guilt? No, you are only agreeing to let your commander decide whether you are guilty and, if guilty, what punishment you should receive.
Can they put you on restriction for an article 15?
A variety of punishments can stem from an Article 15 hearing. Possible punishments include loss of pay, reduction in rank, correctional custody, extra duties, and increased restrictions.
Can an article 15 be reversed?
Removal of an Article 15 punishment can only be considered by the Army Board for Correction of Military Records. The most often attempted to be removed unfavorable information is a General Officer Memorandum of Reprimand.
Should You Turn Down an Article 15 | NJP
Will an article 15 show up on a background check?
If an Article 15 was tied to something reportable (like a drug offense, DUI, etc.), it might appear in background checks via military or federal databases.
Can you still get an honorable discharge with an article 15?
GENERAL: This is a discharge under honorable conditions, soldier whose record and performance is satisfactory. This is usually given to someone who had nonjudicial punishments (Article 15s), but not for serious infractions. When this type of discharge is given, the commander must state the specific basis for it.
Does article 15 go on my permanent record?
It has certain consequences in the military environment, such as being placed in an Unfavorable Information File (UIF) or Selection Folder, and it will remain in your permanent personnel record at AFMPC, but this information need not be disclosed to those outside the military, as is the case in a court-martial ...
Can you lose rank with an article 15?
The immediate penalties of an Article 15 can severely impact your daily life and financial stability. While the severity of punishment varies, common penalties include: Rank Reduction: Losing rank is one of the most damaging short-term penalties.
How long do you go to jail if you refuse to go to war?
Desertion carries a maximum punishment of dishonorable discharge, forfeiture of all pay, and confinement of five years.
How many negative counselings before article 15?
You don't need negative counseling's to go to article 15.
Can an E7 be demoted?
The authority to administratively demote an E-7 generally rests with the Group Commander (O-6) or higher, authority can be elevated to the Wing Commander or Major Command (MAJCOM) Commander depending on the circumstances. This is all in Chapter 6 of 36-2502.
What is 3 clicks in military terms?
In military terms, "3 clicks" (often spelled "klicks") means 3 kilometers, a unit of distance used for brevity and standardization, equating to roughly 1.86 miles (3 kilometers x 0.62 miles/km). It's a phonetic shortening of "kilometer," widely used in radio communication for speed, originating from interactions with metric-using forces and NATO standardization.
What happens if you refuse punishment in the military?
The service member then has the right to refuse the NJP and request a court-martial. If the accused individual does not accept the NJP, the hearing is terminated and the commander is left with the decision to process the service member for court-martial or not.
Do military convictions show up on background checks?
Military convictions, especially those resulting from court-martial, may be included in background checks that review federal or national databases. If the conviction is classified as a felony or serious offense, it is more likely to appear in a criminal background check.
What are common offenses that lead to article 15?
Common Offenses Handled by Article 15 Nonjudicial Punishment
- Absence Without Leave (AWOL) ...
- Failure to Obey Orders or Regulations. ...
- Insubordination. ...
- Misuse of Government Property. ...
- Drunkenness on Duty. ...
- Dereliction of Duty. ...
- Unauthorized Absence from a Place of Duty. ...
- False Official Statements.
Can employers see military discharge?
Military Records for Pre-Employment Screening
Employers can obtain military discharge information (DD-214) on a limited basis through our Military Service Verification. This information should only relate to the applicant's job description and proposed duties.
What are the three types of article 15?
There are three types of Article 15 proceedings:
- Summarized. Any company grade commander may administer this type of Article 15. ...
- Company Grade. Any company grade commander may administer this type of Article 15. ...
- Field Grade. A commander in the rank of major or above may administer this type of Article 15.
What not to tell a military recruiter?
When talking to a military recruiter, don't lie about major issues like serious crimes or significant health problems, as they'll likely be discovered, but avoid volunteering minor, undocumented incidents or small past medical issues to prevent unnecessary delays, and don't say you'll only join for one specific job or that you want to get out of town quickly, as this can lead to being placed in an undesirable role or limit options; instead, be honest about major things, but focus on researching desired jobs and being open to opportunities.
What is the hardest background check to pass?
The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist.
Can a soldier say no to deployment?
Soldiers can legally refuse unlawful orders, but this is a difficult standard to meet for domestic deployments. Conscientious objection is an option for soldiers, but it requires opposition to all war, not just a specific deployment.
Do you get 100% disability if you are medically discharged?
A medical discharge doesn't automatically mean 100% disability; you need a separate VA disability claim proving your condition is service-connected and rated 100% disabling, which can happen if it prevents gainful work, or you might get a temporary 100% rating after surgery for recovery, with benefits depending on your final rating (0-100%) and discharge type (e.g., medical separation vs. retirement).
What are the 5 types of military discharges?
The main types of U.S. military discharges, from best to worst, are Honorable, General (Under Honorable Conditions), Other Than Honorable (OTH), Bad Conduct (BCD), and Dishonorable, with Uncharacterized (like Entry-Level Separation) sometimes listed separately as not reflecting on conduct; these characters of service determine eligibility for veteran benefits, with Honorable being the best and Dishonorable being the most severe.
Does article 15 count as a conviction?
The punishments authorized for article 15 are limited and generally less severe than those that can be imposed by court-martial. Also, unlike a court-martial, an article 15 is not considered a conviction for a criminal offense.