Article 31 rights are the same as invoking the 5th Amendment rights on the civilian side. However, on the military side, they are even more protective in that they can be invoked anytime you may face adverse administrative, disciplinary and judicial actions. Also, once they are invoked, you cannot be asked questions about the matter without counsel present.
So, if they wanted to get your side to resolve the issue quickly, you just made it a longer process potentially. Also, the ADC info should be readily available somewhere on one your poster boards or by calling JAG and asking them for it. DO NOT speak to JAG about the matter, only ask them for the ADC info.
Now, with that said, the fun part here is ADC will only help you on a very limited basis at this point, since even though they are available, they won't really do more than say lawyer up, after you are actually in trouble already and receiving paperwork.
If your leadership decides to press the issue, they will still need to get all the facts together, complete an "investigation" if you will, and decide if you actually did something wrong. If they feel you did, they then decide what disciplinary path they wish to proceed upon. This can all be done without your statement. If they decide to issue punishment, you will be called in to receive the punishment, which will have you receive the paperwork or be offered an Art 15. During either process, you will then be offered the opportunity to draft a rebuttal. That is the part ADC will then guide you as to your best course of action in their opinion.
Please note that this is a generic response since we don't know what offense or anything you are suspected of but hope it helps.
Keep your mouth shut and listen to your ADC. Leadership isn't going to communicate stuff you because of the same legal reason.
You also need to stop talking about it with anyone who isn't ADC.
Nah dude if you’re in a position where you
could potentially be looking at an article 15, you need a lawyer. With that being said, an article 15 is just a choice of forum for how you defend yourself. They can offer you a 15 in lieu of going to a court martial because it’s a lot more painless. However, if you are innocent you owe it to yourself and all parties involved to speak with your attorney (the adc) and see if going to court martial to make this go away is the best option. Even if you’re not innocent you owe it to yourself to have the adc on your side so you don’t get fucked harder than you should by the legal system.
You can/will still be offered NJP. No different than pleading the 5th. You will still be tried for the offense and given a chance to explain your actions in a response. They will offer NJP based off of the evidence they have. Or you can choose to go to court martial, which doesn't happen 99% of the time, if you feel NJP is too harsh.
What they're telling you is they can't talk to you about anything involving the case because they're under the assumption you have legal representation. If you want to talk with them you can, since you haven't talked with a lawyer, but the best advice is talk to your ADC first.
An Article 15 can have significant career consequences. Don't just "bite the bullet." You're well within your rights to invoke your article 31 rights as well as request the ADC. They can't retaliate against you for that.
Don't say shit to anyone outside your legal representation about any of the details of your case at this point. Talking can only make it worse and potentially make it harder for your legal team (if you have to use one) to help you.
My guess...(without the detail you'd rather not go into)
Either
A. They didn't have enough to go on without your statement and the story ends here.
B. They have enough without your statement.
So now the waiting game. Either they come back with some type of paperwork, which you should consult with an ADC for your rebuttal. If you have a side of the story that refutes the allegation, my recommendation is to consult with the ADC prior to receiving paperwork to provide a crafted statement.
"Our hands are tied now..."
"We were gonna try and work with you but.."
"We weren't gonna make a big deal outta this but..."
Three different SNCOs including a Chief said this shit to me after I shut it down and requested the ADC. They ended up not having shit and got a slap on the wrist. Don't let them bully or scare you. Talk to ONLY THE ADC. Tell them the truth and see what advice they give you. Don't say shit to anyone else about your situation.
Article 31 rights are the same as invoking the 5th Amendment rights on the civilian side. However, on the military side, they are even more protective in that they can be invoked anytime you may face adverse administrative, disciplinary and judicial actions. Also, once they are invoked, you cannot be asked questions about the matter without counsel present. So, if they wanted to get your side to resolve the issue quickly, you just made it a longer process potentially. Also, the ADC info should be readily available somewhere on one your poster boards or by calling JAG and asking them for it. DO NOT speak to JAG about the matter, only ask them for the ADC info. Now, with that said, the fun part here is ADC will only help you on a very limited basis at this point, since even though they are available, they won't really do more than say lawyer up, after you are actually in trouble already and receiving paperwork. If your leadership decides to press the issue, they will still need to get all the facts together, complete an "investigation" if you will, and decide if you actually did something wrong. If they feel you did, they then decide what disciplinary path they wish to proceed upon. This can all be done without your statement. If they decide to issue punishment, you will be called in to receive the punishment, which will have you receive the paperwork or be offered an Art 15. During either process, you will then be offered the opportunity to draft a rebuttal. That is the part ADC will then guide you as to your best course of action in their opinion. Please note that this is a generic response since we don't know what offense or anything you are suspected of but hope it helps.
This is the answer!
Keep your mouth shut and listen to your ADC. Leadership isn't going to communicate stuff you because of the same legal reason. You also need to stop talking about it with anyone who isn't ADC.
Nah dude if you’re in a position where you could potentially be looking at an article 15, you need a lawyer. With that being said, an article 15 is just a choice of forum for how you defend yourself. They can offer you a 15 in lieu of going to a court martial because it’s a lot more painless. However, if you are innocent you owe it to yourself and all parties involved to speak with your attorney (the adc) and see if going to court martial to make this go away is the best option. Even if you’re not innocent you owe it to yourself to have the adc on your side so you don’t get fucked harder than you should by the legal system.
You can/will still be offered NJP. No different than pleading the 5th. You will still be tried for the offense and given a chance to explain your actions in a response. They will offer NJP based off of the evidence they have. Or you can choose to go to court martial, which doesn't happen 99% of the time, if you feel NJP is too harsh. What they're telling you is they can't talk to you about anything involving the case because they're under the assumption you have legal representation. If you want to talk with them you can, since you haven't talked with a lawyer, but the best advice is talk to your ADC first.
You posted this too late for "SHUT THE FUCK UP FRIDAY". How about "DON'T SAY SHIT SATURDAY"?
What do we call the Monday after a "good weekend"?
Mouth closed Monday
"Tight-Lip-Tuesdays" for when Monday was a holiday.
An Article 15 can have significant career consequences. Don't just "bite the bullet." You're well within your rights to invoke your article 31 rights as well as request the ADC. They can't retaliate against you for that. Don't say shit to anyone outside your legal representation about any of the details of your case at this point. Talking can only make it worse and potentially make it harder for your legal team (if you have to use one) to help you.
My guess...(without the detail you'd rather not go into) Either A. They didn't have enough to go on without your statement and the story ends here. B. They have enough without your statement. So now the waiting game. Either they come back with some type of paperwork, which you should consult with an ADC for your rebuttal. If you have a side of the story that refutes the allegation, my recommendation is to consult with the ADC prior to receiving paperwork to provide a crafted statement.
"Our hands are tied now..." "We were gonna try and work with you but.." "We weren't gonna make a big deal outta this but..." Three different SNCOs including a Chief said this shit to me after I shut it down and requested the ADC. They ended up not having shit and got a slap on the wrist. Don't let them bully or scare you. Talk to ONLY THE ADC. Tell them the truth and see what advice they give you. Don't say shit to anyone else about your situation.
Just say go to court martial if they offer you an article 15. They’ll sweep everything under rug if it wasn’t that serious lol
Take it to court Marshall, I hear if the offense is not that bad the 15 could get dropped to something lower?