Article 15 (Nonjudicial Punishment): The Complete Guide
Key takeaways
- NJP is discipline, not a criminal conviction — but a formal Article 15 filed in the performance section of your record can end promotions, trigger separation, and follow you to a board.
- Only offenses a commander determines to be minor are appropriate for NJP; ordinarily that means offenses whose maximum punishment would not include a dishonorable discharge or more than a year of confinement. MCM pt. V, para. 1e.
- Before accepting, you have the right to a decision period (usually 48 hours), to consult a lawyer, to see the evidence, and to demand trial by court-martial instead — unless you are attached to or embarked on a vessel.
- The proof standard at an Army Article 15 hearing is beyond a reasonable doubt. AR 27-10, para. 3-18l.
- You have one appeal, and it is presumed untimely after five calendar days — move fast. AR 27-10, para. 3-29.
What is an Article 15?
Article 15 of the UCMJ gives commanders a middle path between doing nothing and convening a court-martial: nonjudicial punishment. The Manual for Courts-Martial describes its purpose as giving commanders a prompt means of maintaining good order and discipline and promoting positive behavior changes without the stigma of a court-martial. MCM pt. V, para. 1c.
Two features define NJP. First, it is not a criminal prosecution — the Supreme Court and military courts have said so directly. United States v. Mack, 9 M.J. 300 (C.M.A. 1980); Middendorf v. Henry, 425 U.S. 25 (1976). An Article 15 produces no federal conviction and no criminal record. Second, it is commander’s business: the commander decides whether to offer it, conducts the hearing, decides guilt, and picks the punishment. The formal rules of evidence do not apply, and there is no judge or jury.
Different services brand it differently — “Article 15” in the Army and Air Force, “non-judicial punishment” or “captain’s mast” in the Navy and Coast Guard, “office hours” in the Marine Corps — but the statute and the core rights are the same. This guide uses Army procedure (AR 27-10) for its specifics and flags the differences that matter.
Who can impose NJP — and on whom
Only a commander may impose an Article 15 — a commissioned or warrant officer exercising primary command authority over an organization. Whether someone is a commander turns on the duties they perform, not their title. AR 27-10, para. 3-7a. Article 15 authority generally cannot be delegated (a narrow exception lets general court-martial convening authorities delegate to a deputy or chief of staff of general-officer rank, in writing).
Just as important is what a superior commander cannot do: order a subordinate to impose an Article 15, or publish policies suggesting that certain offenses get predetermined punishments. MCM pt. V, para. 1d(2). Pressure like that runs headlong into the prohibition on unlawful command influence, and it is one of the first things a defense lawyer probes when an Article 15 looks preordained.
NJP can reach any military member of the commander’s command — assigned, attached, or detailed — including, with parent-service procedures, members of other services under an Army command. AR 27-10, para. 3-8.
What offenses qualify as “minor”
NJP is authorized for minor offenses under the UCMJ. Whether an offense is minor depends on the nature and circumstances of the offense; the offender’s age, rank, duty assignment, record, and experience; and the maximum sentence a general court-martial could impose. Ordinarily, a minor offense is one whose maximum punishment does not include a dishonorable discharge or confinement over one year — but that ceiling is a guide, not a rule, and the call belongs to the commander’s discretion. MCM pt. V, para. 1e; United States v. Pate, 54 M.J. 501 (Army Ct. Crim. App. 2000).
Three limits protect the service member:
- No double NJP. Once Article 15 punishment is imposed, the commander cannot impose a second Article 15 for the same offense or substantially the same misconduct. MCM pt. V, para. 1f(1). (Whether a later court-martial is possible is a different question — see Article 15 vs. court-martial.)
- Two-year limit. NJP may not be imposed for offenses committed more than two years before imposition. MCM pt. V, para. 1f(4).
- Prior civilian prosecution. NJP may not be used for an offense already tried in federal court, and state-court cases require special approval procedures. MCM pt. V, para. 1f(5); AR 27-10, ch. 4.
Summarized vs. formal Article 15s
| Summarized (DA Form 2627-1) | Formal (DA Form 2627) | |
|---|---|---|
| Who can receive it | Enlisted Soldiers only | Any Soldier, and the only kind used for officers |
| Maximum punishment | 14 days extra duty, 14 days restriction, oral admonition or reprimand, or a combination | Up to the full limits set by the imposing commander’s grade — see the punishment chart |
| Right to consult counsel | No right to counsel; ~24-hour decision period | Yes — right to consult counsel, usually 48 hours to decide |
| Where it’s filed | Kept locally; destroyed after two years or on transfer | Unit files or the Soldier’s permanent AMHRR — the filing decision itself is career-defining |
| Admissible at a later court-martial | No. AR 27-10, para. 5-36 | Yes, if properly completed and maintained. R.C.M. 1001(b)(2) |
Both kinds still carry the right to demand trial by court-martial instead. The practical stakes, though, are wildly different — a summarized Article 15 is a two-week nuisance that evaporates; a formal, performance-filed Article 15 is a permanent scar on a career.
The process, step by step
- Preliminary inquiry. The commander looks into whether an offense occurred and whether the Soldier committed it, using R.C.M. 303 procedures. Sexual assault allegations must go to CID and cannot be handled quietly at the unit. AR 27-10, para. 3-14.
- The “first reading.” You are formally notified of the commander’s intent, the suspected offense, the maximum punishment the commander could impose, and your rights. AR 27-10, para. 3-18.
- The decision period. You get a copy of the DA Form 2627 and a reasonable period — normally 48 hours — to consult with a defense lawyer and choose: accept the Article 15 forum, or demand trial by court-martial.
- The hearing (“second reading”). If you accept the forum, you appear before the commander, present evidence and witnesses, and make your case — personally, with a spokesperson, or with a lawyer you retain. Accepting the forum is not admitting guilt.
- Decision and punishment. The commander must be convinced of guilt beyond a reasonable doubt (Army practice), then selects punishment within the limits for their grade.
- Appeal. You may appeal — once — to the next superior authority, ordinarily within five calendar days. See appealing an Article 15.
Your rights before and at the hearing
At a formal Article 15, you have the right to (AR 27-10, para. 3-18):
- see the completed charging blocks of the DA Form 2627 so counsel can advise you properly;
- a reasonable decision period and consultation with counsel;
- remain silent — anything you say can be used against you;
- demand trial by court-martial instead of the Article 15 (unless attached to or embarked on a vessel);
- an open or closed hearing, on request;
- a spokesperson — who need not be a lawyer, though you may retain one at your own expense;
- examine the evidence against you; and
- present evidence and call reasonably available witnesses.
The hearing is non-adversarial: there is no cross-examination as of right, but you or your spokesperson can point the commander to the questions that need asking. The commander is not bound by the rules of evidence (privileges excepted) and may consider hearsay — which is exactly why the written matters you submit, and how they are framed, matter so much. In the Army, the commander must be convinced of guilt beyond a reasonable doubt. AR 27-10, para. 3-18l.
What this means if you’ve just been read an Article 15
Do not sign anything at the first reading, do not explain yourself to the commander “off the record,” and do not assume acceptance is the safe play because it avoids a trial. Use the decision period for what it exists for: have a defense lawyer read the evidence, assess whether the government could actually prove the case at a court-martial, and game out the filing decision and collateral consequences before you choose a forum. That 48 hours is the highest-leverage moment in the entire process.
After punishment: clemency, filing, and appeal
Clemency. The imposing commander, a successor, or the next superior authority can suspend punishment (up to four months for reduction and forfeiture, six months for others), mitigate it, remit what’s unexecuted, or set the whole action aside when a “clear injustice” occurred. AR 27-10, paras. 3-23 to 3-28. A suspended punishment that passes its suspension period without new misconduct is automatically remitted.
Filing. For Soldiers E-4 and below, a formal Article 15 is generally filed locally and destroyed after two years or on transfer. For E-5 and above, the imposing commander chooses between the performance section of the Army Military Human Resource Record — seen by every promotion and selection board — and the restricted section, which boards do not routinely see. AR 27-10, paras. 3-6, 3-37. The regulation itself says the filing decision is as important as the punishment decision. Sex-related offenses must be performance-filed. Senior Soldiers can later petition the Department of the Army Suitability Evaluation Board (DASEB) to transfer or remove a performance-filed Article 15. AR 600-37.
Appeal. One appeal, through the imposing commander to the next superior authority, presumed untimely after five calendar days. Certain punishments trigger a mandatory legal review by a judge advocate. Full detail: Appealing an Article 15.
What an Article 15 really costs
The punishments on the form — rank, pay, extra duty, restriction — are the visible half. The quieter half is what the record does afterward:
- a performance-filed DA Form 2627 follows you to every promotion, school, and command selection board;
- an Article 15 routinely becomes the predicate for administrative separation, a bar to continued service, or an unfavorable evaluation;
- a properly maintained formal Article 15 can be introduced against you at a later court-martial’s sentencing proceeding, R.C.M. 1001(b)(2); and
- reduction and forfeiture change retirement math — for Soldiers near high-three calculations, an Article 15 can be a six-figure event.
That is why the accept-or-refuse decision is never just about the next 60 days. It is a career decision, and occasionally a retirement decision, dressed up as a disciplinary form.
Practitioner’s note
Commanders and their legal advisors expect most Article 15s to be accepted quietly, and the system’s default settings — short decision windows, hearings in the commander’s office, no formal evidence rules — lean that way. In our experience, the cases worth fighting share a pattern: thin or hearsay-only evidence, an accuser with a motive, or a commander who has already telegraphed the outcome. Those are also precisely the cases where a well-supported written presentation, a pointed appeal, or a court-martial demand changes the result. The worst outcomes we see almost always trace to a Soldier who accepted first and called a lawyer second.
Frequently asked questions
Is an Article 15 a criminal conviction?
No. Nonjudicial punishment is a disciplinary proceeding, not a criminal prosecution, and it produces no federal conviction or criminal record. Its real cost is inside the military system — promotion boards, separation actions, and its potential use at a later court-martial's sentencing.
Do I have to accept an Article 15?
No. Except when attached to or embarked on a vessel, you may refuse the Article 15 and demand trial by court-martial. Accepting the Article 15 forum is also not an admission of guilt — you can accept the forum and still contest the offense at the hearing.
How long do I have to decide whether to accept an Article 15?
You are entitled to a reasonable decision period — normally 48 hours in the Army — to consult with counsel, examine the evidence, and choose your forum. The commander can grant more time for good cause, and complexity of the case matters.
What is the burden of proof at an Article 15 hearing?
In the Army, the imposing commander must be convinced of guilt beyond a reasonable doubt before imposing punishment. AR 27-10, para. 3-18l. The formal rules of evidence do not apply, however, except for privileges.
Can I have a lawyer at my Article 15 hearing?
You have the right to consult a defense lawyer before deciding whether to accept the Article 15, and you may bring a spokesperson to the hearing — including a lawyer you retain at your own expense. The hearing is non-adversarial, so counsel's biggest impact usually comes in the preparation and the written matters.
Where does an Article 15 get filed, and why does it matter?
Summarized Article 15s stay local and are destroyed within two years. Formal Article 15s for E-5 and above are filed either in the performance section of the AMHRR — visible to every promotion and selection board — or the restricted section. The filing decision often matters more than the punishment itself, and sex-related offenses must be performance-filed.
About the attorneys behind this guide
Michael Waddington, Civilian Military Defense Lawyer
Michael Waddington has defended service members facing Article 15s and the court-martial demands that follow them for more than 25 years, in every branch of the armed forces. As a former Army prosecutor and defense counsel, he has seen NJP from every side of the table — including the cases where a confident refusal and a demand for trial exposed a case the government could never have proven, and the quieter cases won on paper before the commander ever ruled.
Alexandra González-Waddington, Founding Partner
Alexandra González-Waddington, founding partner of Gonzalez & Waddington and the author of this guide, has spent more than 20 years defending military clients in NJP actions, administrative separation boards, and the courts-martial that Article 15 refusals can trigger. Bilingual in English and Spanish, she has guided Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen worldwide through the accept-or-refuse decision and the filing and appeal fights that determine what an Article 15 ultimately costs a career.
Talk to a civilian court-martial defense lawyer today
Gonzalez & Waddington defends Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen worldwide — in UCMJ investigations, courts-martial, Article 15/NJP actions, GOMOR rebuttals, administrative separation boards, and Boards of Inquiry. We defend the whole case: the investigation, the trial, the administrative fallout, and the long-term consequences to your rank, retirement, clearance, and discharge.
Sources for this guide include the Uniform Code of Military Justice, the Manual for Courts-Martial (2024 ed.), the Rules for Courts-Martial, the TJAGLCS Criminal Law Deskbook, and the cited decisions of the Court of Appeals for the Armed Forces and the service Courts of Criminal Appeals. It is attorney advertising and general legal information — not legal advice, and reading it does not create an attorney–client relationship. Every case turns on its own facts. Service procedures vary; Army references (AR 27-10) are noted where used.