QA

How Can An Army Commander Order A Blood Draw

What can you get an article 15 for?

Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander’s.

What is commander’s inquiry?

Q: WHAT IS A COMMANDERS INQUIRY? It is an informal means to bring alleged errors, injustices, and illegalities in a rated Soldier’s evaluation report to the Commander’s or commandant’s attention.

What is a 15 6 investigation?

A 15-6 Investigation is the Army’s primary tool for gathering information in a variety of situations. This type of investigation is commonly referred to as a “15-6” by Soldiers. The name comes from the regulation that governs how to conduct a 15-6 Investigation.

How does the Army ASAP program work?

Answer. The Army Substance Abuse Program (ASAP), formerly known as the Army Drug and Alcohol Prevention and Control Program (ADAPCP), is a commander’s retention and readiness program under the direction of the G1 designed to: Identify Soldiers with substance abuse problems as early as possible.

What is an Article 92?

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

Can a commander restrict a Soldier to post?

Absolutely legal. The command can restrict any Soldier as punishment on an Article 15 regardless if they live off base or not. Usually when the Soldier has done something significant. The command normally does not take the Soldiers BAQ while he is in the barracks on restriction.

How do you get a commander’s inquiry?

You have to request a commander’s inquiry no later than 60 days after you sign your evaluation or, if you refused to sign, 60 days after the senior rater signs the evaluation. The Commander’s Inquiry will be submitted to the Commander in the rating chain one level above the rating officials for the subject evaluation.

How long can a commander’s investigation last?

If a military investigation is being conducted by the command it can last anywhere from a few weeks to a few months.

What army regulation covers 15 6 investigations?

Investigating officers are appointed under the provisions of Army Regulation (AR) 15-6 to conduct timely, thorough, and legally sound inquiries. AR 15-6 investigations are specifically designed to be informal, though some provisions are also applicable to formal investigations.

What is a transferable flag?

What kind of flags are transferable? Flags that will remain with the Soldier at their gaining unit upon PCSing include: A. APFT Failure: Commanders must initiate a Flag when a Soldier fails an APFT or does not take the APFT within the time prescribed by existing regulation.

What is the purpose of an Article 32 investigation?

ARTICLE 32 – Hearing before 26 Dec 2014 MILITARY VICTIMS CAN BE ORDERED TO TESTIFY. PURPOSE: Thorough and impartial investigation of all matters set forth in the charges. Truth of the matter set forth in charges; • Consideration of the form of the charges; and • Recommendation as to disposition of the case.

Do you have to write a sworn statement army?

Under Article 136, UCMJ, military officers are authorized to administer the oath required to provide a sworn statement; 5 U.S.C. (Statements taken out of the presence of the investigating officer may be sworn before an official authorized to administer oaths at the witness’s location.).

What is Army ASAP called now?

DEFENSE HEALTH HEADQUATERS, FALLS CHURCH, Va. — The clinical assets of the U.S. Army Substance Abuse Program (ASAP) will transition from the Installation Management Command (IMCOM) to the Army Medical Command (MEDCOM). The transition should be complete by no later than May 31, 2017.

What does ACE stand for in the Army?

ACE stands for Ask, Care, and Escort. The purpose of ACE is to help soldiers and junior leaders become more aware of steps they can take to prevent suicides and confident in their ability to do so. ACE encourages soldiers to directly and honestly question any battle buddy who exhibits suicidal behavior.

How do I get out of the Army ASAP?

The simplest way to get a discharge is to put in your time, receive an honorable discharge and walk away. It’s also possible to leave the Army earlier if you fail to meet its military standards in some fashion. Contrary to popular legend, that doesn’t mean your discharge must have been a dishonorable one.

What is an Article 13 in the Army?

Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier’s presence at trial.

Can a soldier refuse an order?

Article 92 of the Uniform Code of Military Justice makes it a crime to disobey a lawful military order or regulation. You can be considered to be in violation of Article 92 if you intentionally violate or fail to follow an order. This means that you can be guilty under Article 92 for an intentional or negligent act.

Can a NCO give a direct order?

Direct orders can only be given by officers, however, lawful orders can be given by NCOs. Under certain circumstances, it could be a lawful order to surrender a personal cellular device.

Can a commander deny leave?

Leave is a Commander’s program. The Command cannot stop you from formally requesting leave. If you request leave and it is denied, ensure you keep the leave request form showing it was denied for your records.

Can my commander inspect my house?

ONLY A COMMANDER may order the inspection and the areas inspected must belong to the commander’s unit. However, commanders DO NOT have authority to conduct inspections or authorize searches in privatized housing or in a soldier’s off-post quarters.

Can the army force you to buy something?

Discussion. The key take away is that Commander, by regulation, cannot force a Soldier to purchase optional uniform items per AR 670-1, para 2-6f. The wristwatch is considered jewelry IAW with AR 670-1, para 3-4a, and as such, an optional uniform item. Ergo, the Commander cannot order a Soldier to purchase a wristwatch.