How Long Can Someone Sit in Confinement w/o Court Marshal?

[just jk]

sorry, i didnt mean to come across as a grammar nazi

you and half of those serving on Active Duty - spell it the same way - just a personal pet peeve of mine

 

[itchin]

I agree with everything above. I have been in the USAF for 19 years now... sounds like your buddy did something criminally and is being held in pre-trial confinement while they are gathering everything for the court martial. If it would have been something minor, then they would just Article 15 and discharge.

Thank You for Your service, and input atriot:

 

[itchin]

sorry, i didnt mean to come across as a grammar nazi

you and half of those serving on Active Duty - spell it the same way - just a personal pet peeve of mine

You didn't. I should have known the proper spelling. I actually did, but just didn't register at the time of posting the thread. Also thanks for Your service as well atriot:

 

[majormadmax]

yeah you wouldnt find somebody serving a one year sentence, or in pre-trial confinement over a DWI or failed piss test

it has to be a felony - the only offenses in the UCMJ that carry a sentence of at least a year - are felonies

Actually, that makes more sense as I think the maximum confinement for a Art. 15 is 30 days if imposed by a commander in the rank of major or above.

However, court martial sentences off less than a year can be served at a local facility; whereas anything longer than that requires movement to a military prison.

We put a guy in Quantico for 12 months for stealing his roommate's identity, I wasn't the commander involved in that action but was a part of the process due to my position in the unit. Had he gotten longer, he would have gone to Leavenworth.

Sorry, some of this stuff is stored deep within the dusty confines of my cranium. I have to dig out my old, worn copy of The Military Commander and the Law as it and the JAG provided 99% of the legal advice I needed during my tenure as a commander!

Cheers! M2

 

[majormadmax]

You didn't. I should have known the proper spelling. I actually did, but just didn't register at the time of posting the thread. Also thanks for Your service as well atriot:

No worries, I spent nearly 25 years in the Air Force and I still misspell "hanger" (hangar) all the time!

 

[just jk]

Actually, that makes more sense as I think the maximum confinement for a Art. 15 is 30 days if imposed by a commander in the rank of major or above.

However, court martial sentences off less than a year can be served at a local facility; whereas anything longer than that requires movement to a military prison.

We put a guy in Quantico for 12 months for stealing his roommate's identity, I wasn't the commander involved in that action but was a part of the process due to my position in the unit. Had he gotten longer, he would have gone to Leavenworth.

Sorry, some of this stuff is stored deep within the dusty confines of my cranium. I have to dig out my old, worn copy of The Military Commander and the Law as it and the JAG provided 99% of the legal advice I needed during my tenure as a commander!

Cheers! M2

you're correct - for the most part - a Field Grade article 15 can dole out 45 days confinement......company grade is 30

 

[bagged02]

45

 

[majormadmax]

you're correct - for the most part - a Field Grade article 15 can dole out 45 days confinement......company grade is 30

Those "allocations" are different in the Air Force. IAW AFI 51-202, Nonjudicial Punishment, Table 3.1, FGOs can dish out 30 days of Correctional Custody, while CGOs only 7...

Yeah, I finally dug out the reg!

Cheers! M2