I’m in the process of getting MEB, but got an Article 15 for shoplifting (accidental) can the MEB overrule the Article 15?

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Brumley00

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I started the process of getting MEB and I’m 2 weeks in. The other day, I accidentally walked out of the store without paying for it and got stopped by Loss Prevention. They arrested me (on base) and processed me in and released me to my company to make the decision on what happens to me. If they decide to give me an article 15, will it ruin my MEB?
 
Brumley00 said:
I started the process of getting MEB and I’m 2 weeks in. The other day, I accidentally walked out of the store without paying for it and got stopped by Loss Prevention. They arrested me (on base) and processed me in and released me to my company to make the decision on what happens to me. If they decide to give me an article 15, will it ruin my MEB?
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No. It will not ruin your MEB. You will be given a punishment, and fulfill that punishment. In the even that you were getting chaptered ( which in your case sounds extremely unlikely) your packets would get sent up to the first General in your CoC and he would make the decision on wether you will proceed with your MEB or receive a chapter.
 
Nonjudicial Punishment, Army. The alternative to accepting Article 15 punishment is to demand trial by Court Martial.

Maximum punishments which may be imposed, typically, for enlisted personnel under Article 15 follow:

Field Grade Article 15 (Imposed by a Major/Lieutenant Commander or higher)
  • Restriction: 60 days, or if combined with extra duty, 45 days
  • Extra duty: 45 days
  • Forfeiture of pay: ½ of basic pay for 2 months
  • Reduction in Grade: E-4 or below may be reduced to E-1; E-5 and E-6 may be reduced one pay grade if the officer imposing the punishment has the authority to promote to E-5 and E-6. Reduction for E-7 and above varies depending upon service.
Company Grade Article 15 (Given by Captain (O-3) or Lieutenant)
  • Restriction: 14 days
  • Extra duty:14 days
  • Forfeiture of pay: 7 days basic pay
  • Reduction in Grade: E-4 or below may be reduced one grade. No reduction for E-5 or above.
Again, there may be some service variation in the implementation of these rules, as well as other limits put upon imposing commanders. Punishment options are different for officer Article 15 actions, and the follow-on administrative actions for an officer can also be very significant.

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Ron
 
Why would you accept an Article 15 for accidentally walking out of the store?
 
USAFDawg said:
Why would you accept an Article 15 for accidentally walking out of the store?
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I don't doubt he accidentally walked off without paying for merchandise; however, I suspect that most "real" shoplifters claim the same status.

So...he could demand a court martial rather than an Article 15. What proof could he show that the incident was accidental? Evidently, there is proof he departed with merchandise without paying. Risky to demand a court martial under those circumstances, however unfortunate they seem to be.

The store: I imagine people who work in loss prevention see many situations that make them cynical regarding claims of innocence.

Ron
 
How did you accidentally steal? Because if you can prove it was an accident then you should be fine. I’ve never heard of a situation like this but I’m pretty sure you’ll be fine.
 
As I mentioned earlier, how does one prove they did not intend to steal?

I saw couple of instances like this case when I was a First Sergeant.
One case: The store manager requested the matter not be pursued due to the sterling record (of which we provided) of the solider involved. It was a judgement call in believing the soldier.
Another case: The record of another solder was not sterling.
Both cases: Proof existed that merchandise had been taken from a store without paying for it. Proof that it was just an accident did not exist.

Ron
 
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