Expert: Cynthia Bedell - 9/11/2008

Question
QUESTION: Ms. Bedell:

I have nephew that has enlisted in the army reserve, with a promise of a $20,000 enlishment bonus.  He is presently in basic training and he and several others were involved with underage drinking - the drill sergeant is recommending a Article 15, discipline hearing and punishment.  The normal punishment meted out for minor offences such as this have traditionally (in his unit) included a cancellation of the enlishment bonus. Why? and under what authority?

ANSWER: Dear Bruce --

The enlistment bonus is predicated upon full and honorable service for the contracted enlistment period.  If you read his enlistment contract you will see that violations of the Uniform Code of Military Justice are indicative of less than honorable service and negate the enlistment bonus.

The Army does not consider under-age drinking a minor offense.  Because the legal drinking age is 21, your nephew is guilty of criminal behavior.  If he did the drinking on federal property, it is a federal crime.  Your nephew could be discharged from the Army for this behavior.  It is especially disheartening that this behavior occurred during basic training.  A true conspiracy had to exist to be able to get alcohol to underage trainees during a normal training cycle.  Your nephew may claim he was a victim, but unless they tied him up and poured the alcohol down his throat, he was a willing participant in criminal behavior.

I am sorry that your nephew exercised poor judgement, and put his future success at risk, but it is his wrong-doing that put him in this position.  He will have an opportunity to plead his case, and ask for mercy at his Article 15 hearing.  If he learned from his mistake, and can convince the chain of command that he will never do something like this again, he may get a "local" Article 15.  That means it stays in his training file, and will not become part of his permanent file unless he has another transgression.

However, if he goes to his Article 15 hearing and tries to blame everyone except himself, he is likely to receive the maximum punishment, and have the Article 15 on his permanent record.

Clearly he respects your advice.  Please guide him to accept responsibility for his actions, so he can grow and learn from this unfortunate incident.  

Please write back if you have other questions, or your nephew has questions concerning the Article 15 process.  Good luck to all involved.

---------- FOLLOW-UP ----------

QUESTION: Colonel Bedell:

I appreciate your response to my inquiry, but I beg to differ with you regarding your answer.  Playing "jail house" lawyer I looked up Article 15 and found that an officer with a rating of 0-3 or less is restricted to giving the following punishment:
  * Correctional custody for not more than 7 days
  * Forfeiture of 7 days pay
  * Reduction by one grade
  * Admonition or reprimand, either written or verbal.

I followed this up with a call to the Staff Judge Advocate's office at Fort Benning where my nephew is stationed, and posed the same question.  The Major there advised me that a loss of an enlistment bonus can normally be accomplished only if and when a soldier is separated from service.  This separation means that he can no longer qualify for the bonus because he has not served enough time to warrant one.  This is a question of a breach of contract law, and is not concerned with military justice at all, i.e. though he may lose his bonus through being separated (through an Article 15 proceeding before an officer ranked 0-4 and above) he can not lose it by the Article 15 proceeding itself.  The officer in charge does not have the legal authority to do this.  
Would you say this is more correct?

Thank you, Bruce

Answer
Dear Bruce --

Playing "stump the chump" are you?

You did not tell me in your initial question that the "commander" presiding over the Article 15 would "only" be a company commander. If only the company commander will hear the Article 15, it sounds like your nephew is lucky.

Most substance abuse cases (especially those involving trainees) are referred cases and go to the first field grade officer in the chain of command.  This would usually be a lieutenant colonel, battalion commander, or a colonel, brigade commander.  Both of these Article 15s would be on record, and could be used characterize your nephew's service as less than honorable.  Field grade commanders often discharge Soldiers using an initial entry separation for under-age and in barracks drinking, because such behavior is not in keeping with good order and discipline. That separation would negate your nephew's enlistment bonus.

If he is separated prior to his full service obligation (unless medically separated for in-line-of-duty injuries) he will lose his bonus.  His initial pattern of behavior indicates that he will not make it through his enlistment, unless he makes some serious changes to his attitude, and his behavior.

But you are correct, none of the officers involved can "take away" your nephew's enlistment bonus, unless they process him for separation. If your nephew is not immediately discharged for his crime, he will not immediately lose the potential to receive his enlistment bonus.