What is Nonjudicial Punishment/ Article 15

What is an Article 15/ nonjudicial punishment?  An Article 15 is the primary tool your command uses to take care of minor offenses. It is uncommon for Article 15s to be used to adjudicate offenses which are more serious. Article 15s are also known as nonjudicial punishment, NJP, or in the Navy as a Captain’s Mast. Even though it is not a judicial proceeding, an Article 15 has a broad range of second and third order effects, all of which can have a severe impact on your career.

An Article 15 can be formal or summarized, and can also be given at the company, field grade, or general officer level. Each level of Article 15 has its own separate level of punishment. The authority to impose an Article 15 is captured in Article 15 of the Uniform Code of Military Justice. The term “nonjudicial” refers to the fact that, although similar in some respects, it is not a judicial proceeding. Although the decision to impose an Article 15 is with the commander, an accused can “turn it down,” and request trial by court-martial. This course of action, however, is not recommended unless you have taken the time to speak with an attorney.

Your Article 15 will be presided over by your unit commander, or higher depending on the level of Article 15. You can represent yourself,have a spokesman, or lawyer represent you. Local military defense counsel policy usually prohibits military defense counsel from representing you at an Article 15, as a result, you may want to consider contacting civilian counsel to represent you at the proceeding. You will have the opportunity to present witnesses and evidence in your defense and, if found guilty, present matters to reduce your punishment.

If you are found guilty at the Article 15, your commander, depending on his rank, may impose the punishments listed below. Depending on your rank, the Article 15 could be filed in your official file, and as a result, trigger more administrative actions from your higher headquarters. See the FAQ section below for more information concerning punishments.

No matter your rank, an Article 15 can have a lasting effect on your career. Contact us for a FREE CONSULTATION to learn how we can help you through this process

Frequently Asked Questions

If I agree to accept the Article 15 am I admitting guilt?

No. By accepting the Article 15, you are only stating that you want to have your commander decide your guilt or innocence, and for your commander to impose the punishment.

Will there be a military prosecutor presenting the government’s case?

No. Your commander’s role is similar to prosecutor, judge, and jury. While this may seem odd, it’s one of the trade offs by deciding to accept the Article 15. You are allowed, however, to have a lawyer or spokesman present to put on your case.

Why should I accept the Article 15?

As stated above, the Article 15 is a nonjudicial process. In such light, if you are found guilty you will not have a federal conviction on your record. If you decide to turn down the Article 15 and demand trial by court-martial, you could end up convicted of a crime. Additionally, the punishments that can be imposed at an Article 15 are far lower than those at a court-martial. Prior to making the decision on your Article 15, make sure you consult with an attorney.

If I am found guilty at an Article 15 when does the punishment begin?

Usually the punishment begins immediately even if you appeal the Article 15. It is in the commander’s discretion to delay the punishment under certain circumstances. If you appeal the Article 15 and no decision has been made in 5 calendar days, you can request that any punishment be delayed pending the outcome of the appeal.

What is suspended punishment?

Your commander may suspend any or all punishment for a period not to exceed six months. If the punishment is suspended, it does not take affect. It is similar to being on probation. If you commit any misconduct during this period, your suspension can be vacated, and you will have to carry out the punishment.

Can I appeal the decision my commander makes on my Article 15?

Yes. If you are found guilty, you can appeal both the findings as well as the punishment. The appeal is reviewed by the next higher commander.

How do I appeal?

You appeal by checking the appropriate box on Line 7 of DA Form 2627 immediately after your commander announces your punishment. Your commander will also ask you if you desire to appeal.

Will the Article 15 findings be placed in my military records?

Yes. If you are an E-4 and below, the Article 15 will be filled locally. If you are an E-5 and above, the imposing commander will decide if it will be filed in your restricted or unrestricted portion of your file. Article 15s filed in your performance file may trigger other adverse actions.

What are the different types of Article 15s and what are their maximum punishments?

There are four levels of Article 15s:

Summarized:

a. extra duty for 14 days
b. restriction for 14 days
c. oral reprimand or admonition

Company Grade:

a. extra duty for 14 days
b. restriction for 14 days
c. oral reprimand or admonition
d. forfeiture of 7 days base pay
e. reduction in rank one grade (E-4 & below)

Field Grade/General Officer:

a. extra duty for 45 days
b. restriction for 60 days (maximum of 45 days if combined with extra duty)
c. oral reprimand or admonition
d. forfeiture of 1/2 base pay per month for two months
e. reduction in rank to E-1 (E-4 & below) or reduction in rank of one grade (E-5 & E-6)