I was counseled a little over a month ago now and recommended for a company grade article 15. I haven't heard anything else about it since but I am flagged on my ERB with an AA code. It has a start date but no expiration date. Does anyone know how or when that will be removed, and possibly why it is taking so long to get my reading for the article 15?

Well, it's been just over a week since you posted, but I'm just now seeing this.

The amount of time the commander needs for the investigation depends largely on how much investigating needs to be done, what the offense was, and how thorough your commander wants to be. However, I don't see it taking a month to get the ball rolling, so you might inquire about it.

Getting it over with will be good, so you can move on past whatever it was that you (allegedly) did, and not have it hanging over your head.

I did some searching and found some information for you with regard to your command being slow to process this, right out of the UCMJ (actually quoted from the Manual for Courts-Martial [MCM]):

quote:

22. Article 98 - Noncompliance with procedural rules
a. Text of statute.
Any person subject to this chapter who-
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) Knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.
Elements.
(1)Unnecessary delay in disposing of case.
(a) That the accused was charged with a certain duty in connection with the disposition of a case of a person accused of an offense under the code;
(b) That the accused knew that the accused was charged with this duty;
(c) That delay occured in the disposition of the case;
(d) That the accused was responsible for the delay; and
(e) That, under the circumstances, the delay was unnecessary.

I don't know if this applies to delays with Article 15 procedings or just delays with courts-martial. I'm not a lawyer, so if you think this applies and wish to pursue something for the lack of timeliness in the handling of your case, consult your local JAG. They may tell you that based on whatever you are being accused of, that due process is being used with no unnecessary delays, or they may decide to run with it. I really have no clue which way it might go, but I just thought you might want the information I found.

Hi Bradman & SSG Prophet...

You don't necessarily SEE an expiration date on a flag... the expiration date comes when the flag gets lifted... Your chain does NOT have the right to "sit" on the paperwork, though. Everything is supposed to be processed in a timely manner. I don't know the specifics off my head for length that the command can take to process actions, I think it varies... I will do some research and get back to y'all on that. Good luck with this!