How to Write an Article 15 Appeal – The Complete 2026 Guide for Soldiers

How to Write an Article 15 Appeal – The Complete 2026 Guide for Soldiers

TLDR – An Article 15 Appeal Gives You One Chance to Reverse Punishment, Restore Rank, and Correct an Incorrect Decision

After a commander imposes nonjudicial punishment under Article 15, you have the right to appeal that decision. The appeal process is your opportunity to challenge errors, unfair conclusions, excessive punishment, or procedural problems. A well-crafted appeal can restore rank, cancel restriction or extra duty, reduce forfeitures, and correct damage to your service record. A weak, emotional appeal rarely succeeds — but a strategic, evidence-based appeal can overturn or mitigate the punishment entirely.

  • You normally have a short time window (often 5 days) to submit an appeal.
  • Your appeal goes to the next higher commander, not the one who punished you.
  • You can argue legal error, factual error, disproportionate punishment, or new evidence.
  • An appeal does not automatically stop the punishment — but it may, depending on command policy.
  • The appeal must be clear, organized, factual, and respectful.

What an Article 15 Appeal Really Is

An Article 15 appeal is a formal request asking a higher commander to reconsider the finding of guilt and/or the punishment. The appeal authority reviews:

  • The original allegations
  • The evidence considered by the commander
  • Your rebuttal (if submitted)
  • The imposed punishment
  • Your written appeal

The appeal authority can:

  • Set aside the findings (remove the guilty decision)
  • Set aside or reduce the punishment
  • Sustain the original findings and punishment
  • Order reconsideration or clarification by the imposing commander

This is your final chance to challenge the Article 15 without pursuing higher-level administrative review boards later.

Grounds for Appealing an Article 15

Your appeal must be based on solid, valid grounds. These include:

1. The Punishment Was Unjust

This means the findings are incorrect, the evidence does not support guilt, the commander misinterpreted facts, or you were wrongly held responsible.

2. The Punishment Was Disproportionate or Excessive

Even if some misconduct occurred, the punishment may be too harsh compared to the circumstances or to similar cases in the unit.

3. Improper Procedure or Legal Error

Appeals may succeed when the commander:

  • Used improper evidence
  • Denied your rights (to review evidence, call witnesses, consult counsel)
  • Relied on incorrect assumptions or hearsay
  • Failed to follow required Article 15 procedures

4. New Evidence Not Previously Available

If new facts, statements, documentation, or video evidence becomes available, the appeal authority may reverse the decision based on the updated record.

How to Structure an Article 15 Appeal

A well-written appeal is clear, concise, evidence-driven, and professionally structured. A recommended format is:

1. Opening and Respectful Acknowledgment

Address your appeal authority respectfully. State your name, rank, unit, and that you are appealing your Article 15 under the applicable rules.

2. Summary of the Punishment and Grounds for Appeal

Briefly describe:

  • The original allegations
  • The findings
  • The punishment imposed
  • The primary reason(s) for your appeal

3. Factual or Procedural Errors

Explain clearly, using numbered points, where the original findings were incorrect or unsupported:

  • Incorrect witness statements
  • Missing or ignored evidence
  • Timeline inconsistencies
  • Mistakes in policy interpretation
  • Unreliable or contradictory testimony

4. Evidence and Supporting Documents

Attach exhibits and reference them in your appeal:

  • Witness statements
  • Duty rosters, logs, or schedules
  • Digital evidence (texts, messages, emails)
  • Medical records or context documents
  • Performance records and past evaluations

5. Mitigation and Extenuation

Even when misconduct occurred, you can argue for reduced punishment by presenting:

  • Your service record and achievements
  • Awards or recognition
  • Operational stress or mission factors
  • Efforts you have taken to correct or improve behavior
  • Steps taken to repair relationships or performance issues

6. Request for Relief

State clearly what you are requesting:

  • Set aside the findings
  • Set aside the punishment
  • Reduce or suspend the punishment
  • Other relief appropriate to the case

End with a professional reaffirmation of your commitment to military service.

What Not to Do in an Article 15 Appeal

  • Do not accuse your commander of bias.
  • Do not attack witnesses personally.
  • Do not write emotionally or angrily.
  • Do not deny everything if evidence clearly contradicts you.
  • Do not submit a handwritten or sloppy appeal — presentation matters.

Examples of Successful Appeal Approaches

Example 1 – Unsupported Finding of Disrespect

Appeal shows contradictory witness accounts and demonstrates that tone was misunderstood. Punishment is reduced or set aside.

Example 2 – Excessive Punishment for Minor Misconduct

Appeal demonstrates inconsistency with similar cases in the unit and highlights strong performance record. Punishment is suspended or reduced.

Example 3 – Procedural Error

Commander did not allow witness testimony or failed to disclose evidence. Appeal authority orders reconsideration or sets aside the findings.

Example 4 – Newly Discovered Evidence

Text messages, video, or witness statements demonstrate innocence or misinterpretation. Appeal authority sets aside the Article 15.

Example 5 – Misapplied Policy

Appeal demonstrates that the alleged misconduct does not meet regulatory criteria. Punishment is dismissed.

Five Key Tips for Writing a Successful Article 15 Appeal

  • Tip 1: Start drafting immediately — deadlines are strict.
  • Tip 2: Keep your argument focused on evidence and procedure.
  • Tip 3: Use exhibits, statements, and documentation to support every claim.
  • Tip 4: Maintain professionalism, humility, and respect throughout.
  • Tip 5: Get guidance to avoid unintentional admissions or unclear arguments.

Military Law Resources

Article 15 appeal procedures are part of the military justice system and require understanding of:

  • Your right to appeal and the deadline involved
  • What the appeal authority can and cannot change
  • The difference between setting aside findings vs. setting aside punishment
  • How Article 15 records affect future promotions and administrative boards

Protect Your Rank, Record, and Future With a Strong Appeal

Your Article 15 appeal is your last opportunity to correct the record before it damages your career permanently. A credible, organized, and effective appeal can restore rank, eliminate punishment, or reduce long-term harm.

➤ Get help drafting or reviewing your Article 15 appeal.

Professional Support for Article 15 Appeals

Experienced legal guidance can help you craft a persuasive, well-supported appeal that addresses the commander’s decision, highlights procedural issues, and strengthens your case for relief.

➤ Speak with an experienced Article 15 appeal attorney.

Article 15 Appeal – Frequently Asked Questions

How long do I have to appeal my Article 15?

You generally have a very short deadline, often five calendar days. Extensions may be possible but must be requested. Do not wait — begin preparing your appeal immediately.

Will my punishment stop while the appeal is pending?

It depends on unit policy and the type of punishment. In some cases, the commander may pause execution of punishment while the appeal is reviewed. In others, the punishment continues but may be reversed later.

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How to Write an Article 15 Appeal – The Complete 2026 Guide for Soldiers

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