Gonzalez & Waddington, Attorneys at Law defend service members facing Article 15 / Nonjudicial Punishment (NJP) for sexual harassment allegations. While many harassment cases start as EO complaints or Command-Directed Investigations (CDIs), commands often resolve them through NJP rather than court-martial. This guide explains how sexual harassment cases end up at Article 15, what punishments are possible, and how to defend yourself effectively.

Why Commands Use Article 15 for Harassment

• Lower proof standard: NJP requires only a preponderance of the evidence, not proof beyond a reasonable doubt.
• Quick resolution: NJP allows commanders to punish without the delay of a court-martial.
• Discretion: Commanders can tailor punishments to “correct” behavior rather than pursue jail time.
• Climate pressure: Zero tolerance policies push leaders to show they are “taking action,” even on borderline cases.

Article 15 Process for Sexual Harassment Allegations

1. Investigation: EO or CDI findings forwarded to the commander.
2. Notification: Accused is given written charges and offered the chance to accept or refuse NJP.
3. Hearing: Commander reviews evidence, may hear from witnesses, and considers written rebuttals.
4. Decision: Commander imposes punishment, suspends punishment, or dismisses charges.
5. Appeal: Accused can appeal to higher command within 5 days.

Possible Punishments at NJP

• Reduction in rank: One or more grades, depending on rank and commander authority.
• Forfeiture of pay: Partial loss of base pay for a set period.
• Restrictions: Base or unit restriction for up to 60 days.
• Extra duty: Up to 45 days of additional military duties.
• Admonition or reprimand: Written reprimands often end up in your permanent record.

Note: Punishment severity depends on whether the NJP is imposed by a company, field grade, or general officer commander.

Defense Options at NJP

• Refuse NJP: Demand trial by court-martial where the government must prove guilt beyond a reasonable doubt (risky, but sometimes necessary).
• Submit a rebuttal: Provide written statements, witness testimony, and evidence showing lack of misconduct or mitigating context.
• Challenge credibility: Highlight contradictions, motives to lie, or exaggerations by the complainant.
• Present character evidence: Awards, performance reviews, and statements of good conduct can mitigate punishment.
• Appeal punishment: Argue on appeal that evidence was insufficient or punishment too severe.

Common Mistakes at Article 15

• Automatically accepting NJP without considering a court-martial demand.
• Failing to submit a strong written rebuttal with witness statements.
• Admitting misconduct in hopes of leniency.
• Not appealing when punishment is disproportionate.

Defense Framework for Harassment NJPs

1. Analyze evidence: Is this truly harassment or mutual joking/banter?
2. Prepare rebuttal: Include witness statements and digital context.
3. Consider forum: Refuse NJP if evidence is weak and court-martial risk is manageable.
4. Mitigate: Highlight service record, evaluations, and awards.
5. Appeal if necessary: Challenge sufficiency of evidence or punishment severity.

Video: Fighting Sexual Harassment Allegations at NJP

Protect Your Rank and Career at Article 15

Even if NJP avoids jail time, a sexual harassment finding can end promotions, trigger separation boards, and follow you for life. Our firm builds strategic rebuttals, challenges weak evidence, and advises whether to refuse NJP or appeal to protect your future.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: NJP and Sexual Harassment Cases