What is the difference between an Article 15 and a Court-Martial?
The Short Answer: Administrative vs. Criminal.
The choice between accepting an Article 15 (also known as NJP or Captain’s Mast) and demanding a Court-Martial is a choice between safety and justice.
- Article 15 (NJP): Your Commander decides your guilt. It is not a criminal trial. You cannot go to prison, but you likely will be found guilty because the Commander acts as both prosecutor and judge.
- Court-Martial: A federal criminal trial. You have a judge, a jury (panel), and the right to a lawyer. The government must prove guilt beyond a reasonable doubt. If you win, you walk away clean. If you lose, you could go to jail.
The “Bluff” of the Article 15
Why would a Commander offer you an Article 15 instead of just court-martialing you? Often, it is because they know their case is weak.
At a Court-Martial, the rules of evidence apply. Hearsay is banned. Illegally obtained evidence is thrown out. At an Article 15, the Commander can consider almost anything, including rumors. By offering you NJP, they are hoping you will take the “easy way out” and accept the punishment to save your career.
The Trap: While an Article 15 isn’t a conviction, it often ends your career anyway. It stays in your military file and can be used to Administratively Separate (fire) you later.
The Data: Burden of Proof
The most critical difference is the Burden of Proof.
- Court-Martial: Beyond a Reasonable Doubt (90-95% certainty required).
- Article 15: Preponderance of the Evidence (51% certainty required).
How Gonzalez & Waddington Helps: We analyze the evidence before you make this decision. If the evidence is weak, we may advise you to turn down the Article 15 and force them to take you to trial, where we can tear their case apart.
Side-by-Side Comparison
Before you sign the acceptance block, compare the potential outcomes.
| Feature | Article 15 (NJP) | Court-Martial |
|---|---|---|
| Decision Maker | Your Commander | Military Judge or Panel (Jury) |
| Criminal Record | No (Administrative only) | Yes (Federal Felony Conviction) |
| Max Confinement | Diminished Rations / Restriction | Years in Prison (Depends on charge) |
| Pay Loss | Forfeiture of ½ pay for 2 months | Total Forfeiture of all pay |
| Discharge | No (but can lead to admin sep) | Yes (Bad Conduct / Dishonorable) |
Frequently Asked Questions (FAQ)
Q: Can I turn down an Article 15 on a ship?
A: No. This is the “Vessel Exception.” If you are attached to or embarked on a vessel, you cannot refuse Captain’s Mast. You must attend the hearing. However, you can still present a defense, call witnesses, and submit a statement. We can help you write that statement.
Q: If I turn down the Article 15, will they definitely Court-Martial me?
A: Not necessarily. When you “turn down” the Article 15, the file goes to the legal office (JAG). They must decide if they have enough evidence to win at trial. If the case is weak, they might drop the charges entirely or issue a administrative letter instead. It is a poker game, and you need to know your hand.
Q: Does an Article 15 stay on my record forever?
A: It stays in your military personnel file (OMPF) usually for a set period (e.g., 2 years for E-4 and below, permanently for officers/senior NCOs). It does not follow you into civilian life, but it can stop you from getting promoted or re-enlisting.
Don’t Sign Until You Talk to Us
Once you accept an Article 15, you waive your right to a trial. You are letting the person who accused you decide your punishment.
Gonzalez & Waddington can review your charge sheet and evidence to tell you if you should take the deal or fight for your innocence.
