Summarized Record Of Proceedings Under Article 15, Ucmj Page 2

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SUMMARIZED ARTICLE 15 RIGHTS, MAXIMUM PUNISHMENTS, AND FILING:
Article 15, UCMJ, is a federal law that permits commanding officers to conduct non-judicial proceedings for minor offenses. A Soldier may refuse Article 15
proceedings and demand trial by court-martial, unless attached to or embarked on a vessel. A Commander may find a Soldier guilty of an offense at an Article
15 proceeding only after being convinced beyond a reasonable doubt that the Soldier is guilty.
Summarized Article 15 procedures are the most informal type of Article 15 proceeding and are governed by the rules in AR 27-10, Chapter 3,
paragraph 3-16. Summarized Article 15 procedures may not be used for warrant or commissioned officers.
SOLDIERS HAVE THE FOLLOWING RIGHTS AT A SUMMARIZED ARTICLE 15 PROCEEDING:
a.
To refuse Article 15 proceedings and demand trial by court-martial if not attached to or embarked on a vessel. If a Soldier demands trial by court-martial,
the trial could be a Summary, Special, or General Court-Martial. A Soldier may also object to trial by Summary Court-Martial. At a Special or General
Court-Martial, a Soldier is entitled to be represented by qualified military defense counsel, or by civilian counsel at no expense to the government.
b.
To remain silent and to not make any statement about the charged offenses. Any statement made may be used against the Soldier in any other proceeding,
including a trial by court-martial.
c.
To confront witnesses, to examine the evidence, and to present matters in defense, extenuation, or mitigation.
d.
To appeal the findings and punishment to the next superior authority.
e.
To be given a reasonable amount of time (normally 24 hours) to decide whether to accept summarized Article 15 procedures or to demand trial by court-
martial. Because of the limited nature of potential punishments under a summarized Article 15 proceeding, the Soldier has no right to consult with legal
counsel.
MAXIMUM PUNISHMENTS UNDER SUMMARIZED ARTICLE 15 PROCEEDINGS:
Regardless of the rank of the commander imposing a summarized Article 15, the maximum punishment may not exceed 14 days extra duty, 14 days restriction,
an oral reprimand or admonition, or any combination thereof.
THE RECORDING AND FILING OF SUMMARIZED ARTICLE 15 FORMS:
The proceedings will be reflected on DA Form 2627-1. This form will be maintained locally in the unit’s nonjudicial punishment file (file number 27-10f).
The form will be destroyed at the end of two years from the date of imposition of the punishment, or upon the Soldier’s transfer from the unit, whichever occurs
first. A copy will be provided to the Soldier if a request is submitted during the filing period. The DA 2627-1 is not filed in the Soldier’s Official Military
Personnel File (OMPF).
THE NEED TO IMPROVE STANDARDS OF PERFORMANCE AND CONDUCT:
Soldiers found guilty at any Article 15 proceeding, including a summarized proceeding, are considered to be on notice that they must improve their conduct and
performance. An Article 15, whether summarized or formal, may form the basis, in whole or in part, for an administrative separation that results in a less than
honorable discharge. Soldiers are strongly encouraged to exhibit the behavior necessary to receive an Honorable Discharge. If not, one or more of the
following situations may occur:
a.
The Soldier may be separated with a General Discharge under Honorable Conditions or with an Other Than Honorable Discharge.
b.
A Soldier separated with less than an honorable discharge may be barred from ever enlisting again, may encounter problems securing civilian employment,
and may forfeit the many benefits generally associated with an Honorable Discharge.
e.
The Soldier should know that the likelihood of upgrading a less than honorable discharge, while possible, is unlikely.
Page 2 of 3
DA FORM 2627-1, OCT 2011
APD LC v1.01

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