LSA ANACONDA, Iraq — When Soldiers accused of minor misconduct opt for courts-martial instead of taking an Article 15, they can wind up with a federal conviction and a bad conduct discharge for something as minor as showing up late to work.
Of the 140 articles of the Uniform Code of Military Justice, the one most familiar to Soldiers is the Article 15, usually reserved for Soldiers accused of minor offenses. Soldiers facing an Article 15 might get fearful or angry, but what they need to do is get informed about their options, said Capt. Yolanda McCray, senior defense counsel at the central field office here for the Central Command area of responsibility. McCray, from the US Army Trial Defense Service, serves in a role similar to that of the public defender in the civilian justice system.
Soldiers can elect to trial by courts-martial instead of accepting an Article 15, but it's important to know the advantages and disadvantages of both, said Capt. Jeremy Stephens, senior trial counsel for the 13th Sustainment Command (Expeditionary). Stephens serves as chief in-court prosecutor for the command.
"When you first walk into the commander's office and they're reading that Article 15, you're going to have a lot of things running through your mind," said Stephens. "You might think you didn't do anything wrong. You might think it's unfair that they're giving it to you and you might think you want a courts-martial, but you've got to think it through. If you go to courts-martial and lose, you may face more severe punishment and you'll have a federal conviction on your record."
Courts-martial is the military's formal criminal trial. From least to most severe are the summary, special, and general. Conviction in either a special or general courts-martial constitutes a federal criminal conviction. Summary courts-martial is more formal than an Article 15, but the punishment is not a criminal conviction.
Punishments range from reprimand, to reduction in rank, to confinement, and more. One recent case resulted in a Soldier who turned down an article 15 being found guilty at courts-martial of 14 counts of failure to report and disrespect. The 19-year-old private first class was reduced to E-1 and given a bad conduct discharge, said Stephens.
Another consideration about courts-martials in Iraq is that accused Soldiers can be held in country till the conclusion of their case, months past the date they were estimated to return home from deployment.
"They don't get any extra money for staying here past 12-months boots on the ground," said Stephens.
Ultimately, it is a Soldiers decision whether to take an Article 15 or go to courts-martial.
"The Soldier must decide how much risk they are willing to take since you can never guarantee if someone is going to win or lose at courts-martial. You have to be willing to accept all of the consequences," said McCray.
Once found guilty, a Soldier can appeal the conviction, but they cannot opt for the original Article 15.
In Iraq, most Article 15s result from violations of General Order Number One, an order which prohibits acts including, but not limited to, possession of alcohol, and possession of pornography. Most courts-martials result from sexual offenses, said Stephens. Misuse of substances like paint and compressed air can also be punishable under General Order Number One. One recent case resulted in eight months time in confinement and a bad conduct discharge for a Soldier who convinced his buddy to huff aerosol. The buddy died as a result of huffing.
McCray urges commanders to mentor junior Soldiers accused of minor misconduct with corrective training, prior to pursuing more severe punishment.
"Consider what end state you really want and how you can get there without excessive measures," said McCray. "You want to be a commander who is tough, but you also want to be a commander who is fair. It has to be a balance between the two."
Both attorneys agree Soldiers ought to know and follow orders, codes, and policies to stay out of trouble.
Since each case is unique, Soldiers should consult professionals at their local trial defense services. For more general information about Article 15 and courts-martial, consult Part V of the Manual for Courts-Martial, Chapter 3 of Army Regulation 27-10.