What happens if I refuse an article 15?
Asked by: Prof. Alvina Rohan DDS | Last update: March 30, 2026Score: 4.3/5 (65 votes)
If you refuse an Article 15 (Non-Judicial Punishment), you demand a trial by court-martial, forcing your command to either drop the case or prosecute you in a formal court, which carries potentially much harsher penalties (like jail time or punitive discharge) than accepting the Article 15, but also offers a better chance of acquittal; you should always consult a military defense lawyer before deciding.
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.
Can you legally refuse to be drafted?
Virtually all men must register with Selective Service, even those who believe they'll be exempt from serving. In the event of a draft, men called for induction would be able to make a claim for deferments, postponements, or exemption from serving.
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.
What is the penalty for refusing military service?
Violators are subject to imprisonment up to one year. Refusal to fulfill alternative military service is punished by imprisonment up to two years. At time of war, conscientious objectors may be assigned to any non-armed services, even dangerous ones.
I GOT A FIELD GRADE ARTICLE 15 😬
Does article 15 stay on your record?
If you turn down the Article 15, you should expect to be tried by a court-martial. If you are found guilty, you will have a federal conviction on your permanent civilian criminal record, which can seriously affect your future. Punishment under Article 15 leaves no such record.
How long is jail for refusing draft?
If required to register, failure to register is a felony punishable by a fine of up to $250,000 and/or 5 years imprisonment. Also, a person who knowingly counsels, aids, or abets another to fail to comply with the registration requirement is subject to the same penalties.
How serious is article 15?
While considered “minor discipline,” an Article 15 can have major impacts on a military career, especially if the conduct was serious enough. Potential consequences include: Indelible record in permanent service record. Loss of security clearance.
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.
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.
Who cannot be drafted in the US?
In the U.S., you generally can't be drafted if you're medically unfit, a woman, already in the military, a conscientious objector (if approved), or outside the age range (18-25 for males); other exemptions exist for specific roles like certain clergy, sole supporters, or individuals with critical civilian jobs, though these often require official claims for deferment or exemption.
Can you be forced to go to war in the USA?
This results from a provision of the Fiscal Year 2026 National Defense Authorization Act. Although it has not been applied in recent American history, U.S. federal law continues to allow for compulsory conscription for militia service under emergency or extraordinary security conditions.
How to legally avoid military draft?
To legally avoid a draft in the U.S., you must navigate existing exemptions and deferments, such as claiming genuine conscientious objector (CO) status (requiring alternative service), qualifying for medical/psychological exemptions, having a hardship deferment, or holding essential jobs, though some methods, like fake illnesses, are illegal; compliance with Selective Service System rules is mandatory, as failure to register is a felony.
How do I get out of an article 15?
Lack of Evidence
Even though an Article 15 is less formal than a court-martial, the commander must be convinced that you committed the offense before finding you guilty. This means if the evidence against you is weak, unclear, or based on hearsay, you have a strong basis to fight the Article 15.
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.
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.
How long does an article 15 stay on my record?
A finding of guilty at an Article 15 hearing will be filed in your military records; however, the Article 15 will be removed from your record after two years.
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.
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).
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 ...
How many counselings before article 15?
Myth or Fact: Should I receive 3 Counseling Statements Before I get an Article 15? A young member recently asked this question. Unfortunately this is most likely the result of a barracks lawyer. There is no requirement to counsel a Soldier as it relates to receiving an Article 15.
How does an article 15 affect your career?
An Article 15 can have a significant impact on your military career. It may affect your chances of getting special assignments, promotions, or security clearances. In some cases, a service member may be able to get an Article 15 removed from their file.
What happens if you get drafted but refuse?
If you're drafted and refuse to go in the U.S., you face serious federal penalties, including hefty fines (up to $250,000) and/or prison time (up to five years) for failing to register or report, with prosecution often occurring if you show up and refuse induction. While many dodged the draft during the Vietnam War due to overwhelming numbers, penalties now can lead to loss of federal benefits and citizenship privileges, though some might seek conscientious objector status or emigrate to avoid prosecution.
How many people fail to register for Selective Service?
Joan Lamb, a spokeswoman for the Selective Service, reported that about 800,000 of a total of 7,300,000 men eligible for the draft--almost 20 percent--have failed to register since the program was reinstated in 1980. Maximum penalties for non-registration include a five-year prison term, a $10,000 fine, or both.
What age get drafted first?
The first men drafted would be those turning age 20 during the calendar year of the lottery. For example, if a draft were held in 2020, those men born in 2000 would be considered first.