Legal Question in Military Law in Virginia

Article 15

If my husband is in AIT and they have made him a hold over. They have told him the reason is because he is getting an Article 15, but he hasn't seen it. In Military Law, how long can they hold him over with out the Article getting thru out for not being read to him??


Asked on 1/20/09, 1:31 pm

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Article 15

There is no set time limit for reading an Article 15 to a military member. Therefore, the command can decide when to do it and hold your husband back as long as they wish.

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Answered on 1/21/09, 10:12 am
Philip D. Cave Military Law & Justice

Re: Article 15

It's discretionary. There is an incentive for them to deal with it quickly for various reasons. The two biggest holdups tend to be the investigation and the legal review.

The statute of limitations is five years for most "military" crimes. However, each of the Services generally applies a two year limit on bringing charges under Article 15.

What's to be done will depend on the type of charges he's accused of.

In some more serious cases they start with an Article 15, but the commander decides it's more serious and recommends a court-martial and/or administrative separation.

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Answered on 1/20/09, 2:12 pm


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