COMMANDER'S ARTICLE 15 SCRIPT
Commander:
1. __________________________, I am considering whether you should be punished under Article 15, Uniform Code of Military Justice for the following alleged misconduct in violations of Article(s) ____________, ____________,_____________, UCMJ: (read Offense committed).
2. You have the following rights:
....a. In making your decision whether to accept non-judicial punishment, you are entitled to be provided with a brief summary of the information upon which the allegations of misconduct are based or you may request to examine the available statements and evidence.
....b. If you demand trial by court-martial, charges could be preferred against you and referred for trial by a summary, special, or general court-martial. However you may not be tried by summary court-martial if you object to that proceeding. If charges are referred for trial by special or general court-martial, you may be tried over your objection. In a trial by court-martial, you have the right to represented by a lawyer.
....c. If you elect to accept non-judicial punishment, you are entitled to make a full presentation in writing or in person or both. Your presentation may include matters of defense, mitigation, or extenuation. You do not have to give any information or say anything about the offense(s) alleged. If you do, it may be used against you in either this action or in a trial by court-martial.
........(1) If you elect a personal presentation, you may appear before me unless such an appearance is prevented by unforeseen circumstances in which case you will appear before a person I designate. You are entitled to be informed orally or in writing of the evidence against you relating to the misconduct alleged, are allowed to examine any documents or physical objects on which I intend to rely in deciding whether or how much punishment to impose. At a personal appearance: (1) you may have present relevant witnesses who are reasonably available and can be presented without legal process (this is, without subpoena or payment of witness fees); (2) you may present evidence; and (3) you may be accompanied by a person to speak on your behalf. However, there is no requirement that a lawyer be made available to accompany you. If you request the personal appearance be made open to the public, it will be, unless military exigencies or security considerations prevent. If you do not request that it be open to the public, I am authorized to open it anyway at my discretion.
........(2) If you make either a written presentation appearance of both, the final decision as to whether to impose punishment and, if so, the amount of punishment will be decided only after I consider the matters you present.
3. You must reply to this notification. Initial the appropriate blocks in paragraph 5, attach any written presentation you desire to be considered, and return it along with this notification within 3 duty days (72 hours) of the time and date you received it. If you desire more time, you must make a written request to me.
4. A military lawyer is available to further explain these rights to you and help you decide what to do. You may contact: __________________________________, Area Defense Counsel, duty phone ________________, building __________, Room ____________.
5. If you accept non-judicial punishment proceedings, and if I find you committed one of more of the offenses alleged, the maximum punishment I could impose upon you is: (Read only appropriate level)
....a. You are; Special Court-Martial Convening Authority, Colonel or Lieutenant Colonel and the accused is:
........(1) Officer - Reprimand and 30 days restriction.
........(2) Enlisted - Reprimand; 30 days correctional custody or 45 days extra duties and/or 60 days restriction; forfeiture of one-half of one month's pay per month for two months; and, if serving in the grade of E-4 (Sgt) through E-7, reduction to the next inferior grade, or if serving in the grade of E-2 through E-4 (SrA), reduction to the lowest enlisted grade.
....b. You are a Major and the accused is serving in the grade of E-1 through E-7, Reprimand; 30 days correctional custody or 45 days extra duties and/or 60 days restriction; forfeiture of one-half of one month's pay per month for two months; and, if serving in the grade of E-4 (Sgt) through E-6, reduction to the next inferior grade, or if serving in the grade of E-2 through E-4 (SrA), reduction to the lowest enlisted grade.
....c. You are a Company Grade Officer and the accused is serving in the grade of E-1 through E-7, you may impose a reprimand; 7 days correctional custody or 14 days restriction and/or 14 days extra duties; forfeiture of 7 days pay/ and, if serving in the grade of E-2 through E-5, reduction to the next inferior grade.
6. You will notify me of your decision by ____________, __________ (3 duty days), unless I grant you an extension.
7. Also understand that accepting the Article 15 punishment procedure is not a plea of guilty. You have the right to present matters which I will then use in determining your guilt or innocence, and if I decide you are guilty, I will then determine your punishment.
8. You should take advantage of your right to consult counsel if you have any questions or want any help. He or she can help you present matters in your behalf as well as advise you on the matter. The first sergeant will assist you in obtaining an appointment with the Area Defense Counsel. He or she will also provide you with the relevant evidence to take to your counsel. Do you have any questions?
ACCUSED: (Make statement if desired)
COMMANDER:
9. I hereby serve on you a copy of AF Fm 3070 indicating my intention to punish you. (Although normally pre-typed by the first sergeant, you may have to enter time and date Art 15 served in appropriate block, and enter time and date by which member must notify you in paragraph 4. It must be a least three duty days from date served)
10. Please promptly advise the first sergeant as to your election of rights contained in Section 5 of the AF Fm 3070.
ELECTION AND PERSONAL PRESENTATION
Initially, the first sergeant should have obtained the member's elections by having him/her initial all appropriate blocks and sign in Block 5. If the member demands trial by court-martial, do not hold a hearing, unless you just want to confirm that the demand for trial is the member's personal election. Have the first sergeant bring the paperwork to the legal office, and the SJA will then consult with you concerning trial. If the member elects only to submit a written presentation, you need not see him personally. You then decide the case on the documents. If the member elects a personal presentation, proceed as follows:
COMMANDER:
1.________________________________________, since you have elected a personal presentation before me, I am once again advising you of the alleged offense(s) and your rights. (Re-advise the member using Rights 1-4 as listed on the reverse of AF Fm 3070):
2. Do you understand these rights?
ACCUSED: (Acknowledges Yes or No)
COMMANDER:
3. You may proceed with your presentation. (Listen to the witnesses, the member�s presentation, and receive his/her documents and statements. Ask questions as required. If the accused asserts his/her right to remain silent on an issue or question, honor it)
4. Thank you for your presentation. I now need time to deliberate and consider the evidence you have presented. If you will now wait outside my office, I will have the first sergeant advise you of when you are to return for my decision.
NOTIFICATION OF DECISION
After consultation with the Legal Office, you should have your decision prepared in written format. Have the accused report to you.
COMMANDER:
1.___________________________________________, I have considered any matters you presented in defense, mitigation, or extenuation, and find that:
....a. Non-judicial punishment is not appropriate.
....b. You did not commit the offense(s) alleged. I hereby terminate these proceedings. (c) You did commit one of more of the offense alleged. I hereby impose the following punishment: (Read punishment annotated in Section 6)
2. The first sergeant will now assist you in recording your desires regarding appeals. You are required to make your appeal decision today and sign the acknowledgment.
3. Do you have any questions?
ACCUSED: (Makes statement if desired)
COMMANDER:
4. You are dismissed.
At this point, the first sergeant should process the case through the Legal Office. If an appeal is elected, you should prepare the summary of the accused's personal presentation and prepare a forwarding letter. If the member submits more evidence in his/her own behalf for the appeal, you may wish to comment on his/her position in your forwarding letter.
The accused has 5 days to submit a written appeal and any supporting documentation. There is no right to a personal presentation before the appeal authority. The appeal authority may act favorably on a request for a personal presentation in his/her discretion.
Process the appeal through the Legal Office. If legal issues are raised, they will provide advice to the appeal authority.
ARTICLE 15 VACATION OF SUSPENDED PUNISHMENT SCRIPT
A vacation of the suspension of a previously imposed punishment is very similar to the proceeding for a formal Article 15. There are two key differences. First, the member cannot demand trial by court-martial. Second, there is no appeal. In short, this is somewhat like a probation revocation. Finally, a vacation of suspension is not mandatory. The commander can impose a second Article 15, with either a greater or lesser punishment than the original, or he/she can do both vacation and a second Article 15 if the seriousness of the offense warrants.
NOTIFICATION
COMMANDER:
1. __________________________________, (Read paragraphs 1-4 from AF Fm 366, including rights listed on reverse of the form)
2. Also understand that this proceeding will not automatically result in a plea of guilty. You have the right to present matters which I will then use in determining your guilt or innocence, and if I decide you are guilty, I will then determine how much, if any, of the punishment I will vacate.
3. You should take advantage of your right to consult counsel if you have any questions or want any help. He/she can help you present matters in your behalf as well as advise you on the matter. The first sergeant will assist you in obtaining an appointment with the Area Defense Counsel. He/she will also provide you with the relevant evidence to take to your counsel.
4. Do you have any questions?
ACCUSED: (Asks questions if desired)
COMMANDER:
5. I hereby serve on you a copy of the AF Fm 366 indicating my intention to vacate the suspended punishment. (Although normally pre-typed by the first sergeant, you may have to enter the time and date you served the AF Fm 366 on the member in the appropriate block, and enter time and date by which member must notify you of his/her decision in paragraph 4. Must be at least 3 duty days from the date the AF Fm 366 was served on the member)
6. Once you have made your decision, please promptly advise the first sergeant as to your election of rights.
ELECTION AND PERSONAL PRESENTATION
Initially, the first sergeant should have obtained the member's elections by initialing all appropriate blocks and signing in Block 5. If the member elects a written presentation, you need not see him/her personally. You then decide the case on the documents. If the member elects a personal presentation, proceed as follows:
COMMANDER:
1. _____________________________________, since you have elected a personal presentation before me, I am once again advising you of the alleged offense(s) and your rights. (Re-advise the member using paragraph 1-4, including reading the rights from the reverse of AF Fm 366)
2. Do you understand these rights?
ACCUSED: (Acknowledges Yes or No)
COMMANDER:
3. You may proceed with your presentation. (Listen to the witnessed, the member�s presentation, and receive his/her documents, and statements. Ask questions as required. If the accused asserts his/her right to remain silent on an issue or question, honor it)
4. Thank you for your presentation. I now need time to deliberate and consider the evidence you have presented. If you will now wait outside my office, I will have the first sergeant advise you of when you are to return for my decision.
NOTIFICATION OF DECISION
After consultation with the Legal Office, you should have your decision prepared in written format. Have the accused report to you.
COMMANDER:
1. ______________________________, after careful consideration of the matters which have been placed before me in your case, (Read paragraph 6 and 7 of AF Fm 366)
2. Do you have any questions?
ACCUSED: (Makes statement If desired)
COMMANDER:
3. You are dismissed.
Military Justice Page / LOA-LOR-Control Roster-Article 15 Fact Sheets / LOA-LOR Format
Supervisor's Guide To Maintaining Discipline / UIF-Control Roster Expiration Notification Letters