How to Appeal an Article 15 in the Army | Soldier’s Defense Guide
Gonzalez & Waddington, Attorneys at Law represent Soldiers worldwide in Article 15 appeals, GOMOR rebuttals, separation boards, and courts-martial. If you received an Article 15 (Nonjudicial Punishment), you have the right to appeal — and doing so correctly can protect your career, rank, and benefits.
This guide explains how to appeal an Article 15 in the Army, common mistakes to avoid, and why your appeal is critical to setting up a future defense at an administrative separation board.
Why Appealing an Article 15 Matters
- Record impact: An Article 15 can affect promotions, reenlistment eligibility, and security clearances.
- Separation boards: Article 15s are often used as evidence in administrative separation boards and Boards of Inquiry.
- Retirement jeopardy: Repeated NJPs can lead to separation, even for Soldiers close to 20 years.
- Future appeals: A strong Article 15 appeal creates a record for use in appeals, discharge upgrades, or board defenses.
How the Army Article 15 Appeal Process Works
1. Deadline
You generally have 5 calendar days to submit an appeal after receiving punishment. Do not miss this window.
2. Appeal Authority
Your appeal goes to the next higher commander. They review whether the punishment was unjust or disproportionate.
3. Burden of Proof
The Soldier must show either that they did not commit the alleged misconduct or that the punishment was unfair given the circumstances.
How to Build a Strong Article 15 Appeal
1. Gather Evidence
- Witness statements: Especially from those who contradict the allegations.
- Duty logs & reports: Objective documentation supporting your version of events.
- Awards, NCOERs/OERs: Proof of strong duty performance undermines punishment severity.
2. Attack Weaknesses
Point out contradictions, missing evidence, or lack of corroboration. Emphasize fairness and proportionality.
3. Maintain Professional Tone
Your appeal should read like a legal brief, not an emotional rant. Respectful, fact-driven appeals carry weight.
4. Tie Appeal to Future Defense
Everything in your appeal will become part of your record. Write it with the expectation that it will be reviewed by a separation board in the future.
Common Mistakes Soldiers Make in Article 15 Appeals
- 🔥 Submitting a short denial with no supporting documents.
- 🔥 Waiting too long and missing the appeal deadline.
- 🔥 Making excuses instead of presenting evidence.
- 🔥 Admitting guilt in hopes of leniency — usually backfires.
- 🔥 Treating the appeal as the end, instead of the foundation for a board defense.
Video: How to Appeal an Article 15 in the Army
Why Hire Gonzalez & Waddington for Army Article 15 Appeals?
Our lawyers have defended Soldiers in Article 15 hearings, appeals, GOMOR rebuttals, separation boards, and courts-martial across the globe. We know what works and how to protect your long-term career.
- ✅ Experienced in misconduct, performance, and drug/alcohol cases
- ✅ Represented Soldiers from junior enlisted to senior officers
- ✅ Published authorities on military law and trial advocacy
Contact Gonzalez & Waddington at ucmjdefense.com or call 1-800-921-8607 for immediate help with your Article 15 appeal.
Frequently Asked Questions: Army Article 15 Appeals
How long do I have to appeal an Article 15?
You generally have 5 calendar days from the date punishment is imposed.
Who reviews my appeal?
The appeal goes to the next higher commander, who decides whether to uphold, reduce, or set aside punishment.
What happens if I don’t appeal?
The Article 15 becomes final and will remain on your record, often used at separation boards.
Can I have a lawyer write my appeal?
Yes. An experienced civilian military defense lawyer can draft a persuasive appeal that avoids damaging admissions.
Can an Article 15 be removed from my record?
Yes, but only through appeal or later petitions for removal. Success is rare without a strong original appeal.
