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Get the free REQUEST TO SUPERIOR TO EXERCISE ARTICLE 15, UCMJ, JURISDICTION - armypubs army

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A formal request to a superior officer concerning the exercise of jurisdiction under Article 15 of the Uniform Code of Military Justice for the disposition of a reported misconduct case.
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How to fill out request to superior to

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How to fill out REQUEST TO SUPERIOR TO EXERCISE ARTICLE 15, UCMJ, JURISDICTION

01
Begin by addressing the request to your superior officer.
02
Clearly state that it is a REQUEST TO SUPERIOR TO EXERCISE ARTICLE 15, UCMJ, JURISDICTION.
03
Include your personal information such as your name, rank, and contact details.
04
Provide details of the misconduct or offense that has occurred.
05
Specify the circumstances surrounding the incident.
06
Include any supporting evidence or witness statements if available.
07
Indicate the desired outcome or resolution you are seeking.
08
Sign and date the request.
09
Submit the request through the appropriate chain of command.

Who needs REQUEST TO SUPERIOR TO EXERCISE ARTICLE 15, UCMJ, JURISDICTION?

01
Service members facing disciplinary action under the UCMJ.
02
Commanding officers who need to determine the appropriate jurisdiction for handling offenses.
03
Military personnel seeking remedial action rather than formal court martial.
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People Also Ask about

Article 15 of the Uniform Code of Military Justice is intended to give military commanders a swift, efficient, and easy way to: (1) punish those committing minor offenses; (2) maintain discipline; and (3) deter misconduct.
Whatever the outcome of the hearing, an Article 15 is not considered a conviction and would not appear in your civilian record. On the other hand, if you demand a trial by Page 6 6 court-martial and are convicted, this would be a federal conviction that would stay with you even after you leave the Army.
Nonjudicial punishment (NJP) under Article 15, UCMJ, is a disciplinary tool for Commanding Officers to quickly dispose of minor offenses without initiating the court-martial process. Instead, the Commanding Officer independently determines guilt or innocence and awards punishment.
If the commander believes you have committed an offense, then the option of an Article 15 is offered instead of trial by court-martial. Article 15s are ordinarily offered for less serious violations of the UCMJ. Acceptance of the Article 15 is not an admission or a plea of guilt. It is merely a choice of forum.
Finally, in some situations, you could be discharged after an Article 15 through the administrative discharge process (though you can't be dishonorably discharged for an Article 15). It could also lead to a negative service characterization, which could affect your veterans benefits.
The burden of proof is the degree of certainty to which an evidentiary fact must be proven to be considered true or proved. There are two primary levels of burden of proof with dealing with nonjudicial punishment or Article 15s – Proof “beyond a reasonable doubt” and proof by the “preponderance of the evidence.”
Additionally, most Article 15s (especially first time Article 15s for minor offenses) won't affect your ability to remain in the Army. Court-martial convictions can result in discharge, either by a punitive discharge adjudged by the court or administrative discharge after the court-martial.
If the commander believes you have committed an offense, then the option of an Article 15 is offered instead of trial by court-martial. Article 15s are ordinarily offered for less serious violations of the UCMJ. Acceptance of the Article 15 is not an admission or a plea of guilt. It is merely a choice of forum.
There are three types of matters you may submit in Article 15 proceedings: matters in defense, matters in extenuation, and matters in mitigation.

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It is a formal request made by a subordinate to a superior officer, asking them to exercise their jurisdiction in adjudicating minor offenses under Article 15 of the Uniform Code of Military Justice (UCMJ).
Typically, any service member who is subject to the UCMJ and has committed a minor offense may be required to file this request to seek non-judicial punishment.
The service member must complete the form by providing their personal information, the details of the alleged offense, and any relevant circumstances, ensuring that all sections are accurately filled out and signed.
The purpose is to request adjudication for minor offenses under Article 15, allowing for a more administrative resolution rather than a formal court-martial, which can be less punitive and more expedient.
The request must include the name and rank of the individual making the request, the nature of the alleged offense, the date and time of the offense, and any witnesses or relevant facts that support the claim.
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