Does a soldier have to accept an Article 15?

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A soldier does have the option to refuse an Article 15 and can demand a court-martial instead. An Article 15 is a non-judicial punishment under the Uniform Code of Military Justice (UCMJ) that allows commanders to handle minor offenses without a formal trial. If a soldier believes the charges against them could potentially result in more severe punishment or if they wish to contest the matter formally, they can choose to demand a trial by court-martial. This option is significant because it provides the soldier with the right to a legal defense, the ability to present evidence, and possibly the chance to confront witnesses.

Accepting an Article 15 typically results in lesser penalties compared to what could be imposed at a court-martial, but the discretion to refuse and opt for the court-martial process is a critical legal right afforded to service members, emphasizing the importance of due process within military justice.

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