Military Nonjudicial Punishment (NJP) / Article 15 Laws
Note: The following is not intended to be legal advice. It is just a basic overview of the Uniform Code of Military Justice (UCMJ) and the overall military justice process. Please retain legal counsel if you wish to obtain legal advice or need more specific information.
In you are facing nonjudicial punishment under Article 15 of the UCMJ, take a look at the initial tips in this overview section in addition to reading this page.
What is Nonjudicial Punishment under Article 15 of the UCMJ?
Nonjudicial punishment ("NJP" or "Article 15") is a type of criminal legal proceeding under the Uniform Code of Military Justice ("UCMJ"). It is designed to be a rapid proceeding, in which a commander has the authority to review the case and potentially impose punishment. It lacks many of the procedural protections we are used to seeing in a criminal judicial proceeding (court-martial or civilian criminal case) - the military member has less rights to discovery, less rights to compel the production of witnesses and evidence, and no right to a military judge or jury, to name a few. In exchange for giving up these rights, the military member gains certain significant advantages over a judicial proceeding - two advantages being that the maximum punishments are much less than a special or general court-martial and the existence of NJP is generally limited to military records (an Article 15 is often damaging to a person's military career and VA benefits, but unlike a court-martial conviction it does not usually have an impact on a person's civilian life).
Absent certain extreme situations, a military member must consent to Article 15 proceedings. That means that if a military member would rather have the benefits - and the risks - of going to a court-martial instead of accepting an offered Article 15, the military member has the right to demand a court-martial. If a military consents to an Article 15 proceeding, that does not necessarily mean the member admits to any wrongdoing. In other words, you can consent and accept an Article 15 but still argue to your commander that either you did not do what the charged allegations state and/or that NJP is too harsh a punishment. You can offer evidence and witnesses that support your case, as well as submit matters in extenuation and mitigation to show your commander your good character and good military record. Based on your submissions and arguments, the commander may decide to find you "not guilty."
Bottom line to remember about NJP under Article 15: it is a forum choice and a proceeding. You can accept this type of proceeding and still fight for your innocence! You just rely on your commander to make the right choice, rather than a judge and jury.
Absent certain extreme situations, a military member must consent to Article 15 proceedings. That means that if a military member would rather have the benefits - and the risks - of going to a court-martial instead of accepting an offered Article 15, the military member has the right to demand a court-martial. If a military consents to an Article 15 proceeding, that does not necessarily mean the member admits to any wrongdoing. In other words, you can consent and accept an Article 15 but still argue to your commander that either you did not do what the charged allegations state and/or that NJP is too harsh a punishment. You can offer evidence and witnesses that support your case, as well as submit matters in extenuation and mitigation to show your commander your good character and good military record. Based on your submissions and arguments, the commander may decide to find you "not guilty."
Bottom line to remember about NJP under Article 15: it is a forum choice and a proceeding. You can accept this type of proceeding and still fight for your innocence! You just rely on your commander to make the right choice, rather than a judge and jury.
Do I have the Right to an Attorney?
Absent extraordinary circumstances, the answer is yes. Depending on your branch of service, your right to a free military defense counsel may become available to you immediately or may not become available until an Article 15 is officially offered to you. However, you always have the right to hire a civilian lawyer whether you qualify for a military defense counsel or not. By hiring a civilian attorney, you also get to keep your military counsel if you would like both to help on your case.
What are the Maximum Punishments under Article 15 of the UCMJ?
The maximum punishments available through NJP vary depending on the rank of the accused, the rank of the person administering the punishment, and whether there are special circumstances present (such as being on a military vessel). If you are an E-4 or below and the imposing commander is an O-4 or above, the maximum punishments are:
- Correctional custody for up to 30 days;
- Forfeiture of up to half a month's pay for up to two months;
- Reduction in grade to as low as E-1;
- Extra duties for up to 45 days; and
- Restriction to limits (often your post or base) for up to 60 days.
If you are above E-4 and/or the imposing commander is below O-4, the maximums are lower.
If you are an officer, the maximum punishments are:
- Arrest in quarters for up to 30 days;
- Forfeiture of up to half a month's pay for up to two months; and
- Restriction to limits (often your post or base) for up to 60 days.
No matter what your grade or your commander's grade, all punishments given can also be suspended. For example, a commander can reduce a member from E-3 to E-2 but suspend the enforcement of the reduction for a period of time, such as six months. If that member does well during that six month period, then at the end of the suspension period the punishment will be remitted (disappear). However, if the member violates standards during the suspension period then the suspension can be lifted and the reduction in grade can snap into place.
- Correctional custody for up to 30 days;
- Forfeiture of up to half a month's pay for up to two months;
- Reduction in grade to as low as E-1;
- Extra duties for up to 45 days; and
- Restriction to limits (often your post or base) for up to 60 days.
If you are above E-4 and/or the imposing commander is below O-4, the maximums are lower.
If you are an officer, the maximum punishments are:
- Arrest in quarters for up to 30 days;
- Forfeiture of up to half a month's pay for up to two months; and
- Restriction to limits (often your post or base) for up to 60 days.
No matter what your grade or your commander's grade, all punishments given can also be suspended. For example, a commander can reduce a member from E-3 to E-2 but suspend the enforcement of the reduction for a period of time, such as six months. If that member does well during that six month period, then at the end of the suspension period the punishment will be remitted (disappear). However, if the member violates standards during the suspension period then the suspension can be lifted and the reduction in grade can snap into place.
Are there any Appeal Rights?
Yes!
If your imposing commander finds you "guilty" in an NJP / Article 15 proceeding, you have the right to appeal that decision usually to the next commander in the chain. You can present all your evidence again to the appellate commander, and he or she has the power to either overturn the imposing commander's decision or may reduce the punishment.
There are also additional ways to continue to fight an Article 15:
- In the time after you are given NJP but during the time the punishment is being administered, if you can show good character and rehabilitation you can put in a request to have your remaining punishment remitted or mitigated. To "remit" means to cancel and to "mitigate" means to lessen. So, for example, if you received a punishment of forfeiture of $500.00 of pay per month for two months, you could go back to your commander after the first month and show your good conduct in that first month. The commander then has the discretion to remit the remaining punishment (meaning the second month's $500.00 is cancelled) or to mitigate the remaining punishment (for example, lessen the second month's forfeiture from $500.00 to $250.00).
- If, within four months of your Article 15, you find additional evidence or have other grounds to show the NJP was clearly unjust, you can request the entire action be set aside. If set aside, your records will be restored as if the Article 15 never happened.
- Depending on the circumstances, you may be able to try to overturn an Article 15 action by following procedures on correction of military records.
If your imposing commander finds you "guilty" in an NJP / Article 15 proceeding, you have the right to appeal that decision usually to the next commander in the chain. You can present all your evidence again to the appellate commander, and he or she has the power to either overturn the imposing commander's decision or may reduce the punishment.
There are also additional ways to continue to fight an Article 15:
- In the time after you are given NJP but during the time the punishment is being administered, if you can show good character and rehabilitation you can put in a request to have your remaining punishment remitted or mitigated. To "remit" means to cancel and to "mitigate" means to lessen. So, for example, if you received a punishment of forfeiture of $500.00 of pay per month for two months, you could go back to your commander after the first month and show your good conduct in that first month. The commander then has the discretion to remit the remaining punishment (meaning the second month's $500.00 is cancelled) or to mitigate the remaining punishment (for example, lessen the second month's forfeiture from $500.00 to $250.00).
- If, within four months of your Article 15, you find additional evidence or have other grounds to show the NJP was clearly unjust, you can request the entire action be set aside. If set aside, your records will be restored as if the Article 15 never happened.
- Depending on the circumstances, you may be able to try to overturn an Article 15 action by following procedures on correction of military records.
Are there any other Consequences to an Article 15?
There usually are - so be careful before moving on with an Article 15 action and choose your attorney carefully! A record of NJP / Article 15, beyond just the punishments themselves which can be significant (loss of pay, loss of rank, loss of liberty) the record may have a snowball effect. It could prompt additional administrative actions, like a bad performance report, loss of competitiveness in promotions, loss of the ability to serve in certain locations and/or assignments, and even administrative separation from the military. Because an Article 15 is a relatively bad mark to have on your record, upon separation it is possible to get discharged with a characterization below honorable - and that can in turn affect future benefits like your GI Bill.
An Article 15 is a potentially serious event in a member's life. Having the advice of wise counsel is of enormous importance. Contact us for a free and confidential consultation. Garrett Condon will personally speak to you.
An Article 15 is a potentially serious event in a member's life. Having the advice of wise counsel is of enormous importance. Contact us for a free and confidential consultation. Garrett Condon will personally speak to you.
