Legal Question in Military Law in Illinois

article 15 and seperation from service

My husband received a general officer article 15. He took his lumps, and now a different command is holding a board for his separation from the army. He is and officer and in the active guard reserve(agr). Since he received the article 15 while in theater under a different command, does the command he returned to have the authority to take such action?


Asked on 5/15/08, 11:27 am

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: article 15 and seperation from service

1. Generally it's not up to his command. There are others at a higher level who automatically review office Article 15's. It's a common practice for a "show cause" board to be ordered for significant officer cases.

Feel free to call for a more detailed free consultation, I do many officer cases.

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Answered on 5/15/08, 11:44 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: article 15 and seperation from service

This situation presents issues, in my opinion, of double jeopardy. Where is the sep board being held? You should hire someone in THAT area who does military law. Good Luck!

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Answered on 5/15/08, 6:43 pm


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