Overview

Nonjudicial punishment, commonly called NJP or Article 15, is a command-level process used to address alleged minor misconduct under the UCMJ without resorting to a court-martial. It can impact rank, pay, duties, and long-term career prospects. Understanding your rights and the command’s authority is essential before making choices that may follow you for years. Service members can also review official guidance provided by the Navy JAG Corps at https://www.jag.navy.mil/.

Frequently Asked Questions

What is nonjudicial punishment under Article 15?

Nonjudicial punishment is a disciplinary process that allows a commander to address alleged misconduct without a court-martial. It is designed for minor offenses but can still carry serious consequences. The commander acts as the fact finder and authority imposing punishment. Service members must understand their rights before responding.

Do I have the right to turn down NJP?

Most active duty service members have the right to refuse NJP and demand trial by court-martial. There are exceptions for those attached to or embarked on vessels. Refusing NJP can carry risks because the command may proceed to court-martial. Legal advice is important before making this decision.

What punishments can be imposed at NJP?

Punishments vary by rank and the commander’s authority. They can include restriction, extra duties, forfeitures, reduction in grade, and reprimands. Some punishments can significantly affect future assignments and promotion opportunities. Understanding the maximum authorized punishment helps service members evaluate their options.

Can NJP affect my military career?

NJP can affect promotions, assignments, and eligibility for reenlistment. It may also lead to administrative separation in some cases. Even if the punishment is minor, the record of NJP can follow a service member for years. This makes early legal guidance particularly important.

How does an Article 15 hearing work?

The commander reviews the evidence and gives the service member a chance to present matters in defense, mitigation, or extenuation. Witnesses may be interviewed, and documents can be submitted. The commander then decides whether the evidence supports the allegations. The process is less formal than a court-martial but still consequential.

Can I have a lawyer at NJP?

Service members have the right to consult with a lawyer before making decisions about NJP. However, they generally do not have the right to have a lawyer physically present during the NJP hearing. Legal consultation helps clarify rights and available defenses. Many service members also seek advice from civilian counsel such as Gonzalez & Waddington.

Is NJP the same as a court-martial?

No, NJP is an administrative disciplinary action, while a court-martial is a criminal proceeding under the UCMJ. Court-martial convictions can result in a federal criminal record. NJP does not create a criminal conviction but can still have serious career effects. Commands often use NJP as a lower-level alternative to trial.

Can I appeal NJP punishment?

Yes, service members may appeal NJP to the next superior authority. Appeals must usually be submitted within a short timeframe, often five days. The appeal must show that the punishment was unjust or disproportionate. Supporting documentation can strengthen an appeal.

What happens if I refuse to sign NJP paperwork?

Refusing to sign does not prevent NJP from proceeding. The signature typically acknowledges receipt, not agreement. Commands can move forward even without a signature. Legal consultation helps ensure the service member understands the implications.

Can NJP be used with ongoing investigations?

Yes, NJP can result from command-directed or law enforcement investigations. Evidence from these investigations may form the basis of NJP allegations. Understanding your rights during investigations is critical. Early guidance helps prevent damaging statements.

Can NJP lead to administrative separation?

Yes, NJP can be used as supporting evidence in administrative separation actions. Repeated NJPs or serious underlying misconduct often lead commands to consider separation. Service members facing separation should seek legal assistance promptly. Civilian counsel can help prepare a defense in these proceedings.

Does accepting NJP admit guilt?

No, accepting NJP does not legally admit guilt, but it allows the commander to decide the case. The commander will determine whether the evidence supports the allegation. Service members may still present matters in defense. The decision to accept or refuse NJP should be made carefully.

Can NJP records be removed?

Some NJP records may be placed locally and later removed, depending on service branch policy. Others are permanently filed and may affect long-term career decisions. It is important to know how your branch handles record filing before proceeding. This can influence decisions about appealing or refusing NJP.

How does NJP interact with Boards of Inquiry or administrative boards?

NJP findings may be used as evidence in administrative separation boards. Boards evaluate service history as well as any misconduct. A prior NJP can shape how the board views future retention. Legal preparation is essential before any board action.

Should I speak to my command before talking to a lawyer?

It is generally wise to seek legal advice before making statements to command about alleged misconduct. Even informal conversations can be used as evidence. Legal counsel helps prevent avoidable mistakes. Early guidance protects important rights under the UCMJ.

Related Military Defense Resources

Service members facing Article 15 action often deal with parallel investigations or administrative concerns. Additional guidance can be found through resources that explain investigative rights and the NJP process. Many service members review materials such as military investigation rights and nonjudicial punishment defense to better prepare.

This page may be supplemented by resources including military investigation rights and nonjudicial punishment defense counsel guidance. These materials provide context for decisions related to NJP, appeals, and possible administrative outcomes.

When to Get Legal Help

Legal advice should be sought as soon as you learn of suspected misconduct, an investigation, or potential NJP. Early guidance prevents statements or actions that may worsen your position. Consulting counsel before responding to command inquiries helps protect your rights throughout the process.

TLDR Short Answer

Nonjudicial punishment under Article 15 is a command-level disciplinary action used to address alleged minor misconduct without a court-martial, yet it can still affect rank, pay, and long-term career prospects. Service members have important rights during the NJP process, including the right in many cases to refuse NJP and demand trial by court-martial. Early legal guidance is critical because choices made at the NJP stage often shape future administrative actions and promotion opportunities. Gonzalez & Waddington are experienced civilian military defense lawyers with extensive UCMJ trial experience, national teaching roles, and published legal work. Contact Gonzalez & Waddington at 1-800-921-8607 for confidential guidance.

Bottom Line from Experienced Military Defense Lawyers

NJP decisions have lasting consequences, and service members should understand every available option before accepting or refusing Article 15 proceedings. Careful preparation and informed legal guidance help protect careers and preserve rights. For guidance from experienced civilian military defense lawyers, contact Gonzalez &Waddington at 1-800-921-8607.