What to Do if You Lose an Article 15 Appeal | Next Steps for Service Members
Gonzalez & Waddington, Attorneys at Law defend Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen in Article 15/NJP hearings, appeals, separation boards, and courts-martial. Losing an Article 15 appeal is discouraging—but it is not the end. You still have options to fight for your career, benefits, and reputation. This guide outlines the practical steps to take if your appeal is denied.
What It Means When an Appeal Is Denied
- Punishment stands: The imposed reduction, forfeitures, or restrictions remain in effect.
- Record entry: The Article 15 will be placed in your military personnel record (OMPF, UIF, service file).
- Board use: It can and will be used later at promotion boards, reenlistment reviews, separation boards, or BOIs.
- Clearance risk: It may raise red flags during security clearance reviews.
Options After a Denied Article 15 Appeal
- File with a Correction Board:
- Army: Apply to the Army Board for Correction of Military Records (ABCMR).
- Air Force/Space Force: File with the AFBCMR.
- Navy/Marine Corps: Submit to the BCNR.
- Coast Guard: Apply to the BCMR.
- Seek discharge upgrade or removal: If your career ends, pursue relief through a Discharge Review Board (DRB) or BCMR petition to clear your record.
- Challenge evaluations: If the Article 15 led to a negative NCOER, OER, FITREP, or EER, appeal those through the appropriate evaluation appeals board.
- Prepare for boards: Assume the Article 15 will appear at separation boards. Begin organizing evidence and witness support now.
Rehabilitation: Strengthening Your Record Post-Article 15
- Excel in duty performance: Collect strong evaluations after the NJP to prove rehabilitation.
- Seek PME/counseling: Complete professional military education, training, or counseling to show growth.
- Document everything: Awards, commendations, volunteer work—use them to offset the Article 15 in future reviews.
- Character letters: Ask respected leaders for updated endorsements highlighting your progress since the incident.
Advanced Strategies if Appeal Is Denied
- Request remission or suspension: Even if appeal is denied, commanders may suspend remaining punishment or remit forfeitures.
- Mitigate clearance impact: Provide updated evidence of trustworthiness during your next security clearance review.
- Build BCMR case early: Keep copies of all Article 15 documents, appeal packets, and evaluations to strengthen your correction board petition.
Mistakes to Avoid After Losing an Appeal
- Giving up and assuming nothing can be done.
- Failing to build a rehabilitation record for future reviews.
- Not preserving documents and appeal records for BCMR use.
- Waiting too long to petition correction boards (3-year filing limit in most branches).
Video: What to Do if You Lose an Article 15 Appeal
We Can Still Help You After a Lost Appeal
Even if your Article 15 appeal was denied, you still have options. We’ve helped service members remove Article 15s from their record, win discharge upgrades, and prepare strong separation board defenses.
Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607
FAQs: Denied Article 15 Appeals
What happens if my Article 15 appeal is denied?
The punishment stands, and it remains in your official record. It may affect promotions, clearances, and future boards.
Can I still get it removed?
Yes. You can petition correction boards (ABCMR, AFBCMR, BCNR, BCMR) to remove or amend the Article 15.
Does a denied appeal mean separation?
Not automatically, but it increases your risk of being processed at separation boards.
How do I reduce the impact?
Build a rehabilitation record, excel in duty, and seek strong evaluations and endorsements after the NJP.
Is there a time limit for BCMR petitions?
Yes. Most branches require petitions within 3 years of discovering the injustice, though exceptions exist “in the interest of justice.”
