I am a Platoon Sergeant in the US Army in an AIT environment. I have written over 20 counseling statements on one soldier and have turned them in to my 1SG in an attempt to give the soldier an Article 15. My 1SG turned in that packet to the Battalion Commander who in turn kicked back the packet. His reason for refusing to give the soldier an Article 15 was the date of the counselings. He says the counselings are dated from May 14th through August 6th. I gave the counselings to the 1SG on the 28th of August and the 1SG turned in the packet on the 1st of September. My question is, is there a TIME STIPULATION in any regulation or manual which states that the counselings have to be prior a certain date in order to proceed with the Article 15 or is all of this just a personal preference of the Battalion Commander?
1 Answer from Attorneys
The only "time constraint" is that Article 15 cannot be imposed if the offense is more than two years old. The statute of limitation for a court-martial is five years.
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