Can a NCO deliver the DA Form 2627 (Record of Proceedings under UCMJ, ART. 15) and inform the Soldier of his or her rights?

Can a NCO deliver the DA Form 2627 (Record of Proceedings under UCMJ, ART. 15) and inform the Soldier of his or her rights?

• A. No; only commissioned officers may deliver
• B. Yes; any NCO may deliver
• C. No; Soldiers deliver themselves
• D. Yes; an NCO in the grade of Sergeant First Class or above

Answer: (D)

The person who delivers the Article 15 proceedings and informs the Soldier of his or her rights must be of sufficient rank to administer the action. In practice, this authority rests with a noncommissioned officer who is at least an E7 (Sergeant First Class) or with a commissioned officer. The rights advisement and the recording of the proceedings on the DA Form 2627 are part of ensuring the Soldier understands rights such as consulting counsel, the right to demand trial, and the right to remain silent. An NCO who holds the rank of Sergeant First Class or higher has the authority and experience to administer the Article 15 and provide the required rights advisement, making the NCO the appropriate deliverer in many cases. That’s why the correct understanding is that an NCO at or above the rank of Sergeant First Class can deliver the DA Form 2627 and inform the Soldier of his or her rights. Lower-ranking NCOs aren’t authorized to deliver the proceedings in this context, and Soldiers cannot deliver the advisement themselves, which is why the other options don’t fit.

The person who delivers the Article 15 proceedings and informs the Soldier of his or her rights must be of sufficient rank to administer the action. In practice, this authority rests with a noncommissioned officer who is at least an E7 (Sergeant First Class) or with a commissioned officer. The rights advisement and the recording of the proceedings on the DA Form 2627 are part of ensuring the Soldier understands rights such as consulting counsel, the right to demand trial, and the right to remain silent.

An NCO who holds the rank of Sergeant First Class or higher has the authority and experience to administer the Article 15 and provide the required rights advisement, making the NCO the appropriate deliverer in many cases. That’s why the correct understanding is that an NCO at or above the rank of Sergeant First Class can deliver the DA Form 2627 and inform the Soldier of his or her rights.

Lower-ranking NCOs aren’t authorized to deliver the proceedings in this context, and Soldiers cannot deliver the advisement themselves, which is why the other options don’t fit.