What does it mean to receive an Article 15 in the US military?
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Its a non-judicial disciplinary procedure that can be used in the military for “minor” infractions. That covers a huge range of conduct that goes from stuff isn’t typically a crime in civilian life, like being caught sleeping on the job; to stuff that would be classified as a civilian misdemeanor, like getting in a fight.
There isn’t really much discovery in an Article 15 hearing – the person’s commander listens to any witnesses that can be easily identified, looks at the evidence that’s readily available, and makes a determination as to whether they’re guilty or not. They can appeal, but the appeal is just their commander’s commander deciding whether to sign off on the decision or not.
The punishment that can be imposed as a result of an Article 15 hearing is usually very minor and more serious offenses often only result in a decrease in paygrade. An Article 15 conviction goes on someone’s military record, but can’t result in a dishonorable discharge, and doesn’t result in a criminal record. The closest civilian equivalent to an Article 15 is getting written up at work, or maybe something like an administrative citation (IE, a traffic ticket or noise ordinance violation).
Someone being charged under Article 15 has the right to demand a court martial, but if they’re convicted in a court martial then that does count as a criminal conviction, does show up on a criminal background check, can result in prison, and may result in a dishonorable discharge. This is true even if the punishment under Article 15 may have been something trifling, like extra duty.
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