Legal Question in Military Law in Maryland

My friend is 20 years old and just got an Article 15 for possession of alcohol and spice. He has never been in trouble and is a good kid. He was under investigation and his commander finally came back with the decision to take away one of his stripes. Now, a few months later, he is finding out that he is being kicked out. Is this possible and is there anything he can do??

Asked on 1/27/11, 7:21 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

It is common and permissible for discharge action to be taken after Article 15. What your friend needs to do now is to try to fight the discharge. If it has not already happened, he will be given papers expressing the command's desire to discharge him, for what reason and what kind of discharge they want him to have. The document will also spell out all of his rights which are available to him. HE SHOULD EXERCISE ALL OF HIS RIGHTS. DO NOT WAIVE ANY OF THEM. These rights include a right to demand an administrative discharge board to decide if he should be discharged or allowed to stay in. He can be represented by counsel, military, civilian or both, call witnesses and present evidence on his behalf. If he wants to stay in, he needs to exercise all of these rights and fight it now.

I hope this has answered your questions. Please feel free to contact me directly if you have any other questions.

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Answered on 2/08/11, 1:39 pm

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