Hello all, to make a long story short, i've recently gooten a field grade article 15 for missing movements for JLOTS. I was an E-6 dropped to and E-5 and 45 days extra duty. I am a single parent with two kids. I've been in the military for almost 11 years. out of those eight I've had a terrific family care plan until now. I informed my plt sgt of my FCP issues in May '08. At the end of June I found out that my name wasn't on the rear-detachment list, so I went to him and asked why and to go check on it. He said he got it. I also went on con- leave at the end of June and he left on advance party while i was on con- leave. So when I returned to work(2 days before departure), my name was still on the list to go. Since I see he didn't do his job, I went ot the 1SG and commander and explained . The CO told me I was still going regardless of my situation. If not then he would have to start a chapter. I said thats fine because i'm not leaving my kids alone. They left and I ended up getting a counseling from the rear- d 1SG for missing movements as he was told to do so by the CO. At my second reading, the BC said that it was my fault because as an E-6, i was responsible for letting the CO know whats going on with my family care plan. Yes, I was an E-6, but i also had a chain of command. Afterwards IG sent me AR 600-20, and it clearly states that it is the CO's job to arrange FCP counselings and make sure the packets are valid and approved by him, especially when the unit is about to move. It also states that a Soldier without a valid FCP is non-deployable. I put it all in my appeal and am currently waiting for the results. Is there anything else I can possibly do? Please help!!!

Have you been to JAG yet?

yes I've been to JAG after the first reading and going back after the labor day weekened.

You can not appeal an Article 15. You can only appeal the punishment. If you had thought you were not guilty of the charges, you should have insisted on a court martial.

http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm

In page 2 of this article there is a link to "Appeals" which will tell you the same thing.

Patoloco is right you can't appeal article 15 but you said you went to jag didn't he tell you that? Appeal the punishment.

I'm speaking from a Marine point of view, which may be different from the Army, but-- actually it sounds like you got off easy. Missing Movement is usually a court martial offense that (if convicted) would involve brig time (is it "stockade" in the Army?) in most circumstances. It would also involve a fine, in addition to extra duty and reduction in pay grade.

I think the best you can hope for (given the circumstances) is you could appeal that the reduction in grade be suspended (a "suspended bust"-- meaning, you keep your E-6, provided you keep your nose squeaky clean for 6-12 months depending on the appeal). You might (if it looks bad for you keeping the E-6) offer up to pay a fine in exchange (1/3 base pay for two months or something like that). I would suggest you are appealing the punishment due to the extenuating circumstances regarding your children. That's what I would bring up to the JAG next meeting.

Thank you for your replies!

General rule of thumb. ALWAYS APPEAL. Failure to appeal equates to acknowlegdement that you know you were guilty.