What Every Service Member Should Know Before Accepting an Article 15

Most service members receive an Article 15 and assume they have two options: accept the punishment or turn it down and risk a court-martial. The chain of command reinforces this pressure, framing acceptance as the path of least resistance. That framing obscures the real decision and the career consequences attached to it.

Shrader Mendez helps service members understand exactly what an Article 15 means before they make a choice that can’t be undone. Our team includes a retired U.S. Army Major with direct experience in trial defense and military administrative proceedings.

What Accepting an Article 15 Actually Means

Accepting an Article 15 is not an admission of guilt. It means you are allowing your commanding officer to act as both judge and jury under a preponderance of the evidence standard. Under the current AR 27-10, paragraph 3-16(d), the commander must be convinced by a preponderance of the evidence, meaning the evidence weighs just over 50% against you, before finding you guilty. No prosecutor presents the case. No defense attorney argues on your behalf during the hearing. You can present evidence and witnesses, but the commander who initiated the action is the same person deciding your fate.

The punishment depends on who imposes it:

• Company grade Article 15: Maximum of 14 days extra duty, seven days’ pay forfeiture, and one grade reduction for E-4 and below. E-5s and E-6s cannot be reduced under a company-grade Article 15.
• Field grade Article 15 (imposed by a major or above): Up to 45 days extra duty, forfeiture of half your base pay for two months, and reduction of one or more grades for E-4 and below. For NCOs at E-5 and E-6, reduction is limited to one grade.

How the Article 15 is filed also depends on your rank:

• E-4 and below: Filed locally and destroyed after two years or upon transfer to a new general court-martial jurisdiction.
• E-5 and above: The commander designates whether the Article 15 is filed in the performance section or the restricted section of your official military personnel record. A performance section filing is visible to promotion boards and career managers.

Understanding the maximum punishment and where the Article 15 will be filed is a critical part of the decision.

The Right to Refuse and Its Risks

You have the right to refuse an Article 15 and demand trial by court-martial. This is a powerful protection, but it carries significant risk. If the command forwards your case, a court-martial conviction creates a federal criminal record. The potential punishments, including confinement and a punitive discharge, far exceed anything an Article 15 can impose. Understanding the consequences of a criminal conviction is essential before making this decision.

However, turning down an Article 15 does not guarantee a court-martial. The command may drop the case entirely or pursue lesser administrative action. This is where experienced legal counsel changes the outcome. An attorney who understands how commands make referral decisions can assess the evidence and advise whether refusal is a strategic advantage or an unnecessary gamble.

What Legal Counsel Changes

The decision to accept or refuse an Article 15 should never be made without legal counsel. Our attorneys review the allegations and evidence, prepare your presentation for the hearing, and advise on the accept-or-refuse decision based on the specific facts of your case. If you accept, we help you build the strongest possible defense and prepare your appeal if the outcome is unfavorable. You have only five days to file that appeal.

Don’t Let Pressure Force a Bad Decision

Your chain of command wants this resolved quickly. Your career requires that it be resolved correctly. Call Shrader Mendez at 813-360-1529 or contact us before you sign anything.