33H. Soldier’s Rights1. Formal Article 15’sDuring a formal Article 15, the Soldier is entitled to the following rights.
a. A copy of DA Form 2627Items 1 and 2 must be completed on the copy the Soldier receives that the defense counsel may review and properly advise the Soldier.
b. Reasonable decision period and to consult with counselThis period is usually 48 hours. However, the actual period is determined by the complexity of the case and the availability of counsel. So the period can be longer than 48 hours.
Additionally, the
Soldier can request a delay, which the imposing commander can grant for good cause.
c. Right to remain silentd. Right to Demand trial by court-martial (unless attached to or em-barked on a vessel)e. Right to Request an open or closed hearing (AR 27-10, para. 3-18(g)(2))Ordinarily, hearings are open. An open hearing usually takes place in the commander’s office with the public allowed to attend.
In practical terms, an open hearing means the office door
would be open a closed hearing, the office door would be closed. The commander should consider all facts and circumstances when deciding whether the hearing will be open or closed.
Share with your friends: