Can You Beat an Article 15? | Realistic Outcomes and Defense Strategies
Gonzalez & Waddington, Attorneys at Law represent Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen in Article 15 and NJP hearings, appeals, separation boards, and courts-martial. One of the most common questions we hear is: “Can I beat an Article 15?” The truth: while Article 15s are tough to defeat, strong defenses, proper appeals, and legal strategies can dramatically improve your outcome.
Why Fighting an Article 15 Matters
- Career consequences: An Article 15 can derail promotions, end competitive billets, and harm reenlistment chances.
- Separation risk: Multiple Article 15s often trigger separation boards or BOIs.
- Retirement loss: Senior service members risk losing pensions if forced out after Article 15s.
- Clearance danger: Article 15s raise Guideline E (personal conduct) and Guideline J (criminal conduct) issues in security clearance reviews.
Possible Outcomes of an Article 15
- Dismissal: Commander drops charges due to lack of evidence. Rare, but possible with strong rebuttal.
- Mitigation: Punishment reduced or partially suspended (e.g., fewer restriction days, partial pay forfeiture suspended).
- Upholding punishment: Commander enforces full Article 15 punishments as imposed.
- Escalation to court-martial: Service member may refuse NJP (if eligible) and demand trial, which can result in acquittal—or harsher punishment if convicted.
Defense Strategies for Beating an Article 15
- Challenge the facts: Present witness statements, logs, emails, or other records disproving allegations.
- Highlight inconsistencies: Point out contradictions in witness statements or reports.
- Use performance record: Strong evaluations and awards can mitigate allegations and influence commanders.
- Demonstrate rehabilitation: Show counseling, PME completion, or training efforts since the alleged incident.
- Procedural fairness: Argue if your rights were violated (e.g., denial of witnesses, improper notice).
Advanced Tactics That Improve Outcomes
- Ask for suspended punishment: If full dismissal is unlikely, request suspension contingent on future good conduct.
- Use comparative justice: Show that similar cases in your unit resulted in lighter punishments.
- Frame mission readiness: Argue how forfeitures, reductions, or reassignment will harm unit effectiveness.
- Appeal effectively: If denied, appeal within the 5-day window to the next superior commander with additional evidence.
Common Mistakes to Avoid
- Submitting no evidence, only “I disagree.”
- Missing the 5-day appeal deadline.
- Using emotional or disrespectful tone.
- Admitting guilt for leniency—hurts clearance and boards later.
- Not requesting specific relief (dismissal, suspension, or mitigation).
Video: Can You Beat an Article 15?
Build a Strong Defense with Expert Help
We’ve helped service members across all branches reduce or overturn Article 15s. Whether through appeals, suspension requests, or preparation for court-martial, our strategies protect careers and benefits.
Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607
FAQs: Beating an Article 15
Can an Article 15 be dismissed?
Yes, if evidence is weak or rebuttal shows misconduct did not occur. Dismissals are rare but possible.
What’s the best way to reduce punishment?
Show strong performance history, inconsistencies in the case, or request suspension/remission of punishments.
Should I refuse NJP and demand court-martial?
Sometimes. Refusal can lead to acquittal but carries risk of harsher punishment if convicted. Always consult counsel.
Does an Article 15 always end my career?
No, but it makes advancement much harder. Strong appeals and rehabilitation can save careers.
Can I appeal after punishment is imposed?
Yes. You generally have 5 calendar days to appeal to the next superior commander.
