Military Defense Resource
Should I Demand Trial by Court-Martial Instead of Article 15?
Demanding trial by court-martial can be a powerful right, but it can also create serious risk. The decision requires careful assessment of the evidence, likely command response, potential charges, and career consequences.
What this means in practice
Demanding trial by court-martial can be a powerful right, but it can also create serious risk. The decision requires careful assessment of the evidence, likely command response, potential charges, and career consequences.
Military administrative and disciplinary matters are often decided by deadlines, documents, written submissions, credibility, and command judgment. The best response depends on the evidence, the Soldier’s record, the command’s theory, and the outcome that needs to be protected.
Mr. Kamoroff helps clients evaluate the evidence, identify the strongest facts, avoid unnecessary self-inflicted harm, and present the client’s story in a disciplined way.
FAQ
Common questions
Can I refuse Article 15?
In many circumstances, servicemembers can demand trial by court-martial instead of accepting Article 15, subject to important rules and exceptions.
Is demanding trial a good idea?
It depends. The decision should be made only after a careful legal and factual risk assessment.
Need help with this issue?
If your deadline is approaching, do not wait until the response period is nearly over. Use the consultation form and include your rank, duty station, type of matter, and suspense date.
Review before you respond
Need focused legal judgment before deciding what to do next?
An Urgent Military Case Assessment is a paid limited-scope review for Soldiers, NCOs, and Officers who already have paperwork, evidence, or a short suspense and need a practical assessment of risks, options, and recommended next steps.
More than a consultation. Less than full representation.
The assessment does not include drafting, command contact, law-enforcement contact, negotiation, appearance, submission of materials, or follow-on representation unless separately agreed in writing.
Learn About Urgent Case AssessmentFree Consultation
Do not treat a GOMOR or Article 15 like routine paperwork.
A weak response can follow you for years. The earlier you get focused help, the more time there is to analyze the evidence, develop the facts, and present the strongest possible rebuttal or response.