Understanding the Process of Non-Judicial Punishment Under Article 15 – Court Martial Attorneys
What Article 15 Means for Service Members
Non-Judicial Punishment (NJP), known as Article 15 in the Army and Air Force and as Captain’s Mast or Office Hours in the Navy and Marine Corps, is a command-level disciplinary action used to address alleged misconduct without a formal court-martial. While NJP is not a criminal conviction, the consequences can be severe—impacting rank, pay, assignments, promotions, and long-term career opportunities. Many service members underestimate the seriousness of Article 15 proceedings until they experience the damage firsthand.
The Article 15 process moves quickly, often giving the accused very little time to prepare a defense. Commanders wield enormous discretion and may base decisions on incomplete investigations, subjective interpretations, or political pressure. To protect your career, you must understand the process, your rights, and your legal options.
Gonzalez & Waddington, Attorneys at Law has represented thousands of service members in Article 15s, NJP appeals, boards triggered by NJPs, and related administrative actions. Michael and Alexandra Gonzalez-Waddington are internationally known for defending service members facing adverse administrative and criminal actions under the UCMJ.
What Types of Misconduct Lead to Article 15?
Commands typically use Article 15 for allegations they believe can be handled administratively rather than through court-martial. Common allegations include:
- Alcohol-related misconduct
- Minor drug offenses
- Fraternization or inappropriate relationships
- Failure to report or tardiness
- Insubordination or disrespect
- Uniform or grooming violations
- Loss or damage to government property
- Unauthorized absence
- Social media misconduct
- Violations of lawful orders (Article 92)
Although labeled “minor,” these allegations can have major career consequences if handled improperly.
Types of Article 15: Company Grade vs. Field Grade
1. Company-Grade Article 15
Issued by a company-level commander (O-3 or below). Maximum punishments include:
- Restriction (14 days)
- Extra duty (14 days)
- Correctional custody (7 days, where allowed)
- Reduction in rank (E-4 and below)
- Oral or written reprimand
2. Field-Grade Article 15
Issued by a battalion-level commander or above (O-4 or higher). Consequences are more severe:
- Restriction (up to 60 days)
- Extra duty (45 days)
- Forfeiture of half a month’s pay for two months
- Reduction in rank (E-1 through E-4)
- Reprimand (often filed permanently)
For officers, punishments may include forfeitures, reprimands, and restrictions—often followed by a Board of Inquiry (Show Cause).
Your Rights During the Article 15 Process
Service members have significant rights—many of which are misunderstood or ignored. These include:
- The right to consult with a military defense attorney
- The right to demand trial by court-martial (Airmen and Soldiers)
- The right to present evidence
- The right to call witnesses
- The right to cross-examine adverse witnesses (where practical)
- The right to submit written matters
- The right to appeal the commander’s decision
Understanding when to accept or reject NJP is a critical legal decision that should always be discussed with experienced counsel.
The Article 15 Timeline: What to Expect
1. Notification
You receive written notification describing the alleged offenses and your rights. You typically have 48–72 hours to decide how to proceed.
2. Consultation With Counsel
Before responding, you should meet with a defense attorney. Civilian counsel can provide strategic insight that JAG counsel may not have time to offer.
3. Decision: Accept or Demand Court-Martial
For enlisted Soldiers and Airmen, this is the most important decision. Rejecting NJP and going to court-martial may be wise when:
- The evidence is weak
- The commander is biased
- Your career is already at risk
- You want the higher burden of proof (“beyond a reasonable doubt”)
4. The Article 15 Hearing
This is not a trial. The commander acts as judge and jury. Your attorney cannot normally speak for you but can prepare you to present evidence and arguments effectively.
5. Command Decision
The commander will determine guilt (“whether you committed the misconduct”) based on a very low standard: a “reasonable belief” you committed the acts.
6. Imposition of Punishment
If found guilty, the commander imposes punishment. You may submit further matters in extenuation and mitigation.
7. Appeal
Within five days, you may appeal if the decision was unjust or the punishment disproportionate. Appeals go to the next higher commander.
Why Article 15s Are More Dangerous Than Many Believe
Even though NJP is “non-judicial,” the consequences can be permanent:
- Loss of rank
- Loss of pay
- Derogatory evaluations
- Mandatory separation boards (enlisted)
- Show Cause Boards / BOIs (officers)
- Security-clearance suspension
- Career stagnation and loss of promotion eligibility
- Permanent negative perceptions within your chain of command
In many cases, the Article 15 is merely the first step toward separation from the military.
Defenses and Strategies for Fighting an Article 15
Every case requires a tailored approach, but common defense strategies include:
1. Challenge the Facts
Expose inconsistencies, lack of evidence, unreliable witnesses, or investigative shortcuts.
2. Attack the Credibility of the Allegations
Show motive to fabricate, exaggerate, or misrepresent events.
3. Present Exculpatory Evidence
Digital evidence, witness statements, GPS data, and videos often contradict the government’s story.
4. Highlight Mitigating Factors
Stress your service record, achievements, operational demands, and behavioral context.
5. Show Selective or Retaliatory Enforcement
Commands sometimes use Article 15s as political punishment. Exposing bias weakens the case.
6. Consider Rejecting the NJP
If the case is defensible, demanding court-martial may give you better chances of acquittal.
7. Prepare for Collateral Consequences
Even if you accept NJP, we help prepare mitigation packages to preserve your rank, career, and future opportunities.
Why Choose Gonzalez & Waddington for NJP Defense
We are known worldwide for defending UCMJ and administrative cases at the highest level. Our firm provides:
- Decades of Article 15 and NJP defense experience
- Aggressive strategies that expose weak allegations
- Digital-evidence analysis and forensic support
- Exceptional preparation for hearings and appeals
- Expert representation at boards triggered by NJPs
Whether you choose to accept or fight an Article 15, our guidance can make the difference between career survival and permanent damage.
Contact Our Article 15 Defense Lawyers
If you are facing Non-Judicial Punishment, do not go through the process alone. The government is already preparing its case—you need a defense team preparing a stronger one.
➤ Contact Gonzalez & Waddington for Immediate Article 15 Defense
Article 15 / NJP – Frequently Asked Questions
Should I accept the Article 15 or demand a court-martial?
It depends. If the evidence is weak or the commander is biased, demanding a court-martial may be the better option because it requires proof beyond a reasonable doubt. However, each case is unique—consulting with an experienced attorney is essential.
Can a Field-Grade Article 15 ruin my career?
Yes. A Field-Grade Article 15 can lead to loss of rank, poor evaluations, separation boards, and long-term promotion issues. Even though it is not a criminal conviction, its administrative impact can be worse than many UCMJ charges.
Can I appeal the punishment?
Yes. You can appeal within five days, arguing the punishment is unjust or excessive. A well-written appeal can overturn or reduce punishment. Our firm regularly drafts Article 15 appeals that change outcomes.
Why hire Gonzalez & Waddington?
Because we are internationally recognized for defending UCMJ and administrative cases, including Article 15s, separation boards, and elimination cases. Michael & Alexandra Gonzalez-Waddington bring unmatched trial strategy, administrative defense skill, and digital-evidence expertise to every case.
When facing disciplinary action within the military, the Article 15 Process can be one of the most confusing and stressful experiences a service member may encounter. At its core, it’s a type of non-judicial punishment that allows a commanding officer to address minor offenses without a formal court-martial. Understanding how this process works and what rights you hold is essential for navigating the situation effectively. Many service members are unaware of the long-term implications of accepting or challenging an Article 15, which can impact their careers, benefits, and reputations. If you or a loved one is facing the Article 15 Process, you’re not alone. This blog is designed to explain the steps, rights, and possible consequences in a straightforward, compassionate manner. Whether you’re in the early stages or weighing your options, having clear knowledge of the Article 15 Process can make a significant difference in your outcome. Our goal is to empower you to make informed decisions and understand your legal standing.
Getting Familiar with the Article 15 Process
The Article 15 Process is a form of non-judicial punishment used by the United States military to handle minor misconduct. It falls under the Uniform Code of Military Justice (UCMJ), allowing commanders to discipline service members without resorting to court-martial. This can include offenses such as insubordination, absence without leave (AWOL), or disrespect toward superiors. For example, a soldier who reports late to formation repeatedly may receive an Article 15 instead of facing more severe judicial action. Another common situation involves a sailor being reprimanded for unauthorized use of military equipment.
While Article 15 does not carry the same legal weight as a court-martial, its consequences can still be serious. Service members may face extra duties, loss of pay, restriction to barracks, or even a reduction in rank. Decisions in the Article 15 Process are made by commanding officers, and service members typically have the choice to accept the punishment or request a trial by court-martial instead. However, understanding the scope, rights, and options involved is crucial before making any decisions that could significantly impact one’s military career.
Why the Article 15 Process Can Have a Big Impact
The Article 15 Process holds considerable weight because of its lasting consequences. Even if it is considered “non-judicial,” it can still hinder a service member’s advancement, impact pay, and influence future assignments. In many cases, receiving an Article 15 can become part of a permanent record, affecting promotions, clearances, and opportunities well beyond the military.
Understanding the risks involved in the Article 15 Process is critical. Refusing representation or blindly accepting punishment without a defense can lead to regret. The system is designed to be fair, but it strongly favors the authority of the command. Having legal guidance during the process ensures you’re seeing the full picture and safeguarding your rights.
- Scenario 1: A junior enlisted soldier accepts Article 15 punishment for missing formation, leading to reduction in rank and pay which delays their career progression.
- Scenario 2: An airman disputes an Article 15 related to insubordination. Without understanding the process, they miss the chance to present witnesses and receive harsher punishment.
- Scenario 3: A Marine receives an Article 15 for misconduct, unaware it could be used during reenlistment reviews. They are later denied reenlistment options due to the mark on their record.
Breaking Down the Steps of Article 15 Process Around the World
- Step 1: The service member is notified that a commander intends to impose Article 15. They are informed of the alleged offense in writing.
- Step 2: The service member is given the opportunity to consult with a defense attorney. They can decide whether to accept non-judicial punishment or request a court-martial instead.
- Step 3: If the Article 15 is accepted, a hearing is conducted. Evidence is reviewed, and the service member can present witnesses and statements before the commander makes a ruling.
Top Professional Tips to Handle the Article 15 Process
Common Questions About the Article 15 Process in the Military
How Gonzalez & Waddington Helps You Face Article 15
Gonzalez & Waddington is a military defense law firm with extensive experience in handling complex Article 15 cases across all branches of the Armed Forces. Their team is comprised of former military prosecutors and defense attorneys who understand the nuances of the Article 15 Process from both sides. They work closely with clients to ensure their rights are respected and protected during every phase of the proceedings. Whether you are facing minor accusations or allegations threatening your military career, their team develops customized strategies aimed at achieving the best possible outcomes. Gonzalez & Waddington prioritize clear communication, transparency, and aggressive defense tactics to help clients preserve their rank, reputation, and future. With decades of collective experience in military law, they offer trusted representation that brings confidence and peace of mind to service members when facing uncertainty.
TLDR Summary of Article 15 Process Essentials
