Article 15 (UCMJ) Decision Period: Trigger Points and Procedural Timeline

Rule Reference

RCM 407 (Manual for Courts-Martial) governs nonjudicial punishment (Article 15) procedures.

Decision Period Commencement

The commander's decision period begins upon receipt of either:

1. The Article 15 summary disposition form from the summary court-martial convening authority, OR
2. The report of investigation when the commander refers the case or takes action under RCM 407(i) (e.g., direct imposition without preliminary inquiry).

Key Timeframes

• No fixed statutory deadline for final disposition, but unreasonable delay may violate due process / speedy trial analogues.
• Commander must act "promptly" — typically within 10–14 days in practice.
• Soldier has right to demand trial by court-martial instead of accepting Article 15 (unless attached to vessel).

Procedural Steps After Receipt

1. Commander reviews evidence, consults legal advisor (trial counsel).
2. Notifies soldier of alleged offenses, rights (silence, counsel, demand trial, present matters).
3. Soldier elects: accept Article 15 or demand court-martial.
4. If accepted: hearing → findings → punishment (max limits by grade).
5. Appeal: to next superior commander (5 days) → Judge Advocate General (if punishment >certain threshold).

Practical Note

Exact start date matters for statute of limitations (5 years for most UCMJ offenses) and speedy trial calculations. Legal counsel should verify receipt documentation.