Understanding UCMJ Article 15 (Non-Judicial Punishment (NJP)

When a service member first hears the term non-judicial punishment, the immediate question many service members have is, “What is an Article 15? How serious can it truly be?”

NJP, located in Appendix II of the UCMJ, allows commanders to handle misconduct without going through the court-martial process. Regardless, the consequences can still be career-altering.

Each branch uses different terminology for NJP:

• Article 15 – Army & Air Force
• Captain’s Mast – Navy & Coast Guard
• Office Hours – Marine Corps

Understanding how an Article 15 meaning changes depending on the branch helps service members grasp that– even though NJP is administrative– it still requires careful preparation and strong legal guidance.

Keep reading for more advice on Article 15, or contact Daniel Conway & Associates now for qualified legal guidance regarding your Article 15 questions.

Common Article 15 Offenses (With Examples)

NJP is commonly used for lower-level misconduct that still affects good order and discipline. When people ask, “What are Article 15 offenses?”, they’re usually referring to a predictable list of violations.

Common NJP offenses include:

• AWOL or late reporting
• Failure to obey a lawful order
• Insubordination or disrespect
• Underage drinking
• Losing equipment or poor accountability

These types of allegations are often processed quickly as a summarized Article 15, which carries lighter punishment but still results in a recorded disciplinary action.

More serious issues may result in a full NJP hearing before a military review panel. Commanders often initiate military Article 15 in situations like:

• Minor drug involvement
• Low-level assault
• Repeated uniform or duty violations

Many soldiers see guidance on Article 15 Army procedures at this stage, knowing that consequences may affect rank and future assignments.

Even when the misconduct seems small, it can still result in outcomes listed in the Army Article 15 punishment chart, which outlines the limits of a commander’s authority.

Your Critical Rights in the Article 15 Process

Every service member facing NJP has important rights that directly impact the outcome. Before deciding how to proceed, it’s essential to have answered the question of “What is an Article 15 in the Army?”

However, regardless of which branch you belong to, all service members have the right to:

1. Be Informed of the Allegations

You have the right to know precisely what you are accused of– before you are asked to accept or deny the Article 15. This includes a written summary of alleged misconduct, the specific UCMJ articles involved, and any supporting information your command is relying on. Commanders cannot keep the accusations vague or leave you guessing.

2. Remain Silent

Your right to remain silent is one of the most powerful protections you have. Under Article 31(b), no service member can be compelled to make statements that may incriminate them. You are not required to explain yourself, answer questions, or provide a written or verbal statement.

Many service members unknowingly harm their own case by trying to “clear things up.” Remaining silent protects you from accidental self-incrimination and gives your attorney time to evaluate the evidence presented by the command.

3. Demand a Court Martial

You always have the option to refuse NJP and demand a trial by court-martial instead. This is not a loophole– it is a legal right. In a court-martial, the government must provide its case beyond a reasonable doubt, and you have all the formal protections of a judicial proceeding. This right is crucial when the evidence is weak, the witness statements are questionable, or the potential impact on your career is significant.

4. Present Evidence

You have the right to present any evidence that supports your innocence or provides context for the alleged misconduct. This can include emails, text messages, duty logs, training records, counseling statements, photographs, medical notes, or anything else that helps tell your side of the story. Evidence is often a deciding factor in whether a commander finds the allegations substantiated.

5. Call Witnesses

You are entitled to call witnesses who can support your case, provide an alibi, challenge another witness’s version of events, or speak to your character, duty performance, and reliability. Witness testimony can completely change the outcome of an Article 15. Your chain of command must make reasonable efforts to make witnesses available, including those from outside your unit.

6. Have Representation

You have the right to have a spokesperson– this can be military defense counsel or a civilian attorney of your choosing. Representation ensures that your rights are protected, your evidence is presented effectively, and your command follows proper procedure. Civilian attorneys are often especially helpful because they can devote more time and resources to building your case.

Utilizing all of your rights is especially important because anything you say during a military Article 15 hearing can later be used in administrative or separation proceedings. Consult with an experienced military lawyer to develop a strategy for your Article 15 charges.

Potential Punishments & Limitations

The severity of punishment depends on rank and whether the NJP is company-grade or field-grade. Junior-rank commanders impose company-grade punishments, while field-grade commanders impose field-grade punishments.

Comparing possible penalties to the Army Article 15 punishment chart helps service members understand what is at stake. These include:

• Written reprimands
• Restriction
• Extra duty
• Forfeiture of pay
• Reduction in rank (depending on grade)

Although even a summarized article 15 can create a negative paper trail, commanders still cannot impose confinement or discharge through NJP alone. These restrictions stem from Article 15 UCMJ, which limits the scope of non-judicial punishment.

Understanding these limitations is important when evaluating whether to challenge accusations or negotiate a more favorable outcome. Consulting with a trained military defense lawyer can guide you in the right direction if you’re unsure.

The Million-Dollar Question: Accept NJP or Demand a Court-Martial?

This is the most strategic decision in the entire process. While you arrived at this article to answer the question of what Article 15 is, the bigger issue at hand is whether to accept NJP at all.

There are many reasons why some service members accept NJP over more official punishment:

• Quick resolution
• Lower maximum punishments
• Strong evidence from the command
• Minimal long-term career goals

Soldiers who face penalties listed in the Article 15 Army Guidance sometimes accept NJP when the likely outcome is predictable and manageable.

However, many servicemembers would prefer to demand a court-martial over accepting NJP. Their reasons often include:

• Weak evidence or unreliable witnesses
• Inherent risk to rank or promotion
• Desire to clear their name
• Potential long-term impact of a military Article 15
• Controversial category of what determines an Article 15 offense

A court-martial requires the government to prove its case beyond a reasonable doubt. This can provide a significant advantage for a service member accused under Article 15 military procedures.

The Long-Term Career Impact of an Article 15

Even minor NJPs can affect a service member’s future. Understanding what is an Article 15 in the army requires looking beyond the immediate punishment and into broader career consequences.

Possible long-term effects for service members can include:

• Loss of promotion eligibility – Even a single incident can shift a soldier from “fully qualified” to “not competitive,” delaying advancement or stopping promotion entirely.
• Damage to NCOERs/OERs – Evaluations can follow a service member through multiple assignments. A poor evaluation often becomes a permanent career obstacle.
• Security clearance issues – An NJP can cast doubt on reliability and trustworthiness, potentially delaying or even preventing clearance renewals.
• Loss of special duty assignments – An NJP often disqualified a service member from roles such as recruiter, drill sergeant, and instructor, limiting career development and leadership opportunities.
• Increased risk of administrative separation – Commands may use an NJP as evidence of declining performance or a pattern of misconduct.

Recurring issues are frequently grouped under the broader category of Article 15 offenses, demonstrating how past NJPs can influence future decisions by the command structure.

Even a summarized Article 15 can weaken a service member’s profile if a board believes the misconduct reflects ongoing concerns. This is why many soldiers seek legal support early, well before these consequences become permanent. The need for strategic defense becomes critical once penalties listed in the Army Article 15 chart have begun affecting rank or pay.

Understanding and answering the question of Article 15 meaning is only the first step. Protecting your future requires proactive defense, informed decision-making, and experienced legal guidance.

We Defend Military Members Worldwide. Get Legal Help.

If you’re facing NJP, administrative discipline, or feel overwhelmed by your commander’s actions, you do not have to navigate this alone. Our attorneys understand the risks and consequences tied to an Article 15 military action and the downstream effects it may have on your career.

Daniel Conway & Associates provides aggressive, strategic representation for soldiers, marines, sailors, airmen, and coast guardsmen worldwide. Whether you are preparing for a hearing, weighing the decision to demand a court-martial, or responding to allegations listed under Article 15, our team is ready to guide you through every step and decision.

For a confidential case review with a qualified attorney, contact us today. Your career, reputation, and future deserve protection. Conway & Associates is here to help you fight for them.