How long does a Soldier have to appeal an Article 15?
How long does a Soldier have to appeal an Article 15?
within 5 calendar days
The Soldier is not entitled to a personal appearance on appeal, although he may request one. Appeals must be made within 5 calendar days (not duty days) from the date punishment is imposed. Appeals not submitted within the 5 days could be rejected as “untimely.” For good cause, a commander may extend the 5- day period.
Can an Article 15 be overturned?
Any person who is offered an Article 15, has the option of “turning it down” and demanding a trial by court-martial.
How many times can you appeal an Article 15?
If an Article 15 is filed in a Soldier’s (E5 or above) OMPF, there are two subsequent appeals available.
How serious is an Article 15?
It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander’s.
Can you get a Gomor removed?
GOMOR Appeals Process? If the GOMOR is still filed after the soldier’s response, they can file an appeal to have it removed. If it is filed locally, there is no formal appeal process. However, the soldier can request that it be removed by contacting the local Commander who ordered the initial filing.
What happens if I refuse an Article 15?
If the service member decides to refuse or “turn down” the Article 15 action, the chain of command will then decide whether to drop the case or forward it for court-martial action.
What are the three types of article 15?
Article 15s come in different levels: Summarized, Company Grade and Field Grade. They differ in two main respects: the severity of the punishment and in how the record of it can affect a soldier’s future in the Army.
Can you fight a Gomor?
In a GOMOR appeal requesting removal, a Soldier has the burden of proof, by clear and convincing evidence, to show that the GOMOR is either untrue or unjust. Supporting evidence and/or a compelling argument must be submitted as part of a GOMOR Appeal.
How do you rebuttal a Gomor?
GOMOR Rebuttal matters should reply to the reprimand as denying the allegations or requesting that the reprimand be filed in a local or restricted file. Service members should address the underlying facts and provide mitigating evidence through their GOMOR rebuttal.