How to Write an Article 15 Rebuttal – The 2026 Guide for Soldiers Facing Nonjudicial Punishment

How to Write an Article 15 Rebuttal – The 2026 Guide for Soldiers Facing Nonjudicial Punishment

TLDR – Your Article 15 Rebuttal Is Your Only Chance to Influence the Commander Before They Decide Guilt and Punishment

When you are notified of an Article 15, you must choose whether to accept the nonjudicial punishment process and present a written or verbal rebuttal. That rebuttal is your only opportunity to influence the commander’s decision about guilt, findings, and punishment. A clear, factual, well-prepared rebuttal can reduce punishment, prevent loss of rank, protect future evaluations, and sometimes result in dismissal of the allegations entirely. A weak, emotional, or unfocused rebuttal can make things worse. The stakes are high — Article 15 outcomes often affect promotions, retention, schools, career opportunities, and even future separation actions.

  • You have the right to accept or refuse an Article 15 (in some cases electing trial by court-martial).
  • If you accept the Article 15 process, you also have the right to present evidence, witnesses, and a written rebuttal.
  • Your rebuttal should be focused, factual, respectful, and supported by documents or statements.
  • Your commander will often rely heavily on your rebuttal when deciding guilt or imposing punishment.
  • The quality of your rebuttal can influence future actions such as NCOERs, QMP, bars to reenlistment, and separation boards.

What an Article 15 Really Is

An Article 15 — also called Nonjudicial Punishment (NJP) — is an administrative disciplinary action that allows a commander to determine whether misconduct occurred without a court-martial. It covers a wide range of allegations: disrespect, dereliction of duty, orders violations, insubordination, alcohol-related issues, minor theft, fighting, unauthorized absence, and more.

Your response to the notification (your decision to accept or turn down the Article 15) and the rebuttal you choose to submit directly influence:

  • Whether you are found guilty
  • Whether punishment is imposed
  • Whether punishment is suspended or mitigated
  • Whether the commander believes your side of the story

Your Rights During the Article 15 Process

You have several rights, which you must understand before writing your rebuttal:

  • The right to consult with legal counsel
  • The right to review evidence
  • The right to present your side of the story
  • The right to call witnesses or submit statements
  • The right to remain silent
  • The right to refuse NJP and demand trial by court-martial (in most cases)

Your rebuttal exists to clearly explain why the commander should find you not guilty, impose minimal punishment, or consider mitigation.

How to Structure an Article 15 Rebuttal

A strong rebuttal is organized, fact-driven, and respectful. The recommended structure is:

1. Opening Paragraph

Start by respectfully acknowledging the commander and stating that you are submitting your rebuttal in response to the Article 15 allegations.

2. Statement of Your Position

Clearly state whether you deny the allegations, partially deny them, or admit limited wrongdoing. Be strategic — honesty with precision is more effective than blanket denial or vague language.

3. Factual Clarifications

This is the most important section of your rebuttal. Use clear, detailed, factual explanations to challenge or clarify allegations:

  • Identify incorrect assumptions or factual errors.
  • Provide timelines, duty rosters, logs, or digital messages.
  • Point out missing or contradictory witness statements.
  • Explain operational conditions that affected events.

4. Evidence and Documentation

Attach exhibits to support your argument. Reference each as Exhibit A, Exhibit B, etc. Include:

  • Witness statements
  • Text messages, emails, or screenshots
  • Performance records or evaluations
  • Awards or letters of achievement
  • Medical or counseling documentation (when appropriate)

5. Context and Mitigation

If some events occurred but do not reflect who you are, explain why:

  • Operational stress
  • Miscommunication
  • Personal hardship
  • Medical or behavioral health factors
  • Corrective steps taken since the incident

This section should show growth, responsibility, and your continued value to the team.

6. Character and Service Record

Summarize your service history and contributions. Include achievements, deployments, leadership roles, and prior positive evaluations.

7. Closing Request

Respectfully request dismissal, leniency, suspended punishment, or another appropriate outcome. Reinforce your commitment to the mission and Army values.

Common Article 15 Errors You Can Challenge in Your Rebuttal

  • Incorrect interpretation of regulation or policy
  • Witness statements that contradict each other
  • No direct evidence connecting you to the alleged behavior
  • Bias from the reporting party or witness
  • Lack of proof that the alleged misconduct occurred
  • Failure to consider operational environment or mission constraints
  • Procedural errors in how evidence was collected or documented

Examples of Effective Article 15 Rebuttal Approaches

Example 1 – Disrespect Toward an NCO

You are accused of disrespect based on tone or misunderstanding. Your rebuttal includes witness statements showing the interaction was professional and misinterpreted, along with evidence of your prior strong performance.

Example 2 – Failure to Report

Your commander alleges you were late to formation. Your rebuttal includes medical documentation, text messages showing attempted communication, and a supervisor statement confirming prior reliability.

Example 3 – Alcohol-Related Incident

You are accused of being drunk on duty or causing a disturbance. Your rebuttal shows timeline discrepancies, witness statements supporting your sobriety, and steps taken afterward to ensure professionalism.

Example 4 – Orders Violation

Your rebuttal explains misunderstood guidance or vague instructions, supported by emails or text messages showing unclear orders.

Example 5 – Misconduct During Training

The investigation misinterprets training context. Your rebuttal explains environmental conditions, equipment issues, or operational pressure that affected performance.

Five Key Tips for Writing a Strong Article 15 Rebuttal

  • Tip 1: Write clearly, professionally, and without emotion.
  • Tip 2: Support every claim with evidence or documentation.
  • Tip 3: Avoid attacking witnesses or leadership — stick to facts.
  • Tip 4: Keep your rebuttal organized and easy to follow.
  • Tip 5: Get legal guidance to avoid unintentional admissions or ineffective arguments.

Military Law Resources

Article 15 procedures fall under nonjudicial punishment rules in the military justice system. You should understand:

  • Your right to accept or refuse NJP
  • Your right to present evidence and witnesses
  • The commander’s discretion in imposing punishment
  • How Article 15 outcomes affect future administrative actions

Protect Your Career With a Strategic Article 15 Rebuttal

Your rebuttal is often the deciding factor between dismissal, mitigation, or harsh punishment. A precise, fact-driven response helps your commander see beyond the allegation and recognize your full value to the unit.

➤ Get help preparing your Article 15 rebuttal.

Professional Support for Article 15 Representation

Nonjudicial punishment can harm your career long after the event. Skilled legal assistance helps ensure your rights are protected, your rebuttal is compelling, and your long-term service potential is preserved.

➤ Speak with an experienced Article 15 defense lawyer.

How to Write an Article 15 Rebuttal – Frequently Asked Questions

Can my rebuttal stop the Article 15 from going forward?

Yes. A strong rebuttal can convince the commander that the allegation is unsupported or mitigated, leading to dismissal or a reduced punishment.

How long should an Article 15 rebuttal be?

Two to four paragraphs for simple allegations; one to two pages for more complex cases — plus attachments. Clarity is more important than length.

Should I refuse my Article 15 and demand court-martial?

This depends on the strength of the evidence, your risk tolerance, and legal strategy. Always discuss this decision with a defense attorney before refusing NJP.

Can I include witness statements in my rebuttal?

Yes. Witness statements — especially firsthand accounts — can be powerful. Attach them to your rebuttal and reference them as exhibits.

What if the commander already made up their mind?

Your rebuttal still matters. It becomes part of the official record and may influence later reviews, appeals, or separation actions. A strategic rebuttal helps protect your future even if punishment is imposed.

Can I remain silent during Article 15 proceedings?

Yes. You have the right to remain silent. However, silence without strategy may harm your case. Consult a defense attorney before deciding not to speak.

Does the Article 15 rebuttal affect future promotions?

Yes. Promotion boards often review Article 15 packets. A strong rebuttal demonstrates accountability, professionalism, and potential for continued service.

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How to Write an Article 15 Rebuttal – The 2026 Guide for Soldiers Facing Nonjudicial Punishment

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How to Write an Article 15 Rebuttal – The 2026 Guide for Soldiers Facing Nonjudicial Punishment

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