Article 15/NJP (Non-Judicial Punishment)

Do You Choose Punishment?

The Uniform Code of Military Justice (UCMJ) is a federal law and applies to all members serving in the armed forces.  There are circumstances when and how exceptions apply, but for the purpose of this entry, the UCMJ is the legal reference for military personnel.  The authorizing statute -- Article 15, UCMJ - is often referred to as "Article 15", "NJP" (Non-Judicial Punishment) or "Captain's Mast" depending on the service branch.  A commanding officer will "offer" an Article 15 action to a service member when it is believed that one or more offenses (as defined in the UCMJ) have been committed. 

The service member has a choice under limited circumstances: accept or refuse the Article 15.  The service member may also have the right to consult with legal counsel before making this choice, but not always.  If the decision to "accept" is provided, then the commanding officer will hear the facts, listen to testimony and review evidence.  This officer is basically judge and jury.  It is your choice to present any information (evidence or witness testimony), say anything, request a spokesperson or remain silent.  At the end of the hearing, the commanding offer makes a decision: guilty or not guilty. 

If you're found guilty, you may present extenuating circumstances or any relevant information with the hopes of receiving a lesser punishment.  There are maximum punishments for all grades (or levels), and for officers as well.  Many other variations may or may not apply.  Punishments may or may not be suspended.  The commanding officer really has a lot of latitude in how your Article 15 is handled.

If a service member decides to refuse or "turn down" the Article 15, then the risk of going forward with a court martial is possible, but not definite.  Service members should carefully evaluate the consequences of an actual conviction in a court martial proceeding.  It is highly recommended to consult with a Clarksville military criminal defense attorney before making this very serious decision.

Get the Advice You Can Trust

Mr. Miller knows the military legal system.  He served as a JAG, Chief of Legal Assistance, Trial Counsel, Deputy Legal Advisor and Deputy Staff Judge Advocate.  He has experienced more than a few military hearings, legal proceedings and trials.  Lance knows the dilemma you are in.  He understands the choice you are facing.  You have the right to explore your options and make a sound, informed decision.

Exercise your rights before it's too late.  Contact Clarksville Military Criminal Defense Attorney Mr. Miller today.