What happens if I refuse an Article 15 (NJP)?
The Short Answer: You Stop the Punishment and Demand Proof.
Refusing an Article 15 is not an admission of guilt; it is a demand for justice.
When you refuse Non-Judicial Punishment (NJP), you are telling your Commander: “I do not accept your authority to judge me on this matter. I want a real judge and a lawyer.” The immediate result is that the NJP hearing is cancelled. The command then has to decide whether to drop the case, handle it administratively, or send you to a Court-Martial.
The Step-by-Step Process After Refusal
Many service members fear that refusing NJP means they go to jail the next day. This is false. Here is the actual timeline:
The Commander cannot impose punishment (rank reduction, extra duty, forfeiture of pay). The packet is sent to the legal office.
The JAG prosecutors review the evidence. They must answer: “Do we have enough evidence to prove guilt beyond a reasonable doubt in a federal court?
The Convening Authority (usually a higher-ranking Commander) decides on one of three paths:
- Drop the Charges: If the evidence is weak, the case dies.
- Administrative Action: They may pursue a Separation Board (firing you) or a Letter of Reprimand.
- Court-Martial: They prefer charges and set a trial date.
The Data: Why Commanders Hate Refusals
Commanders prefer Article 15s because they are fast, cheap, and require very little proof (Preponderance of the Evidence). A Court-Martial is expensive, public, and time-consuming. It requires bringing in a military judge and a panel of members.
Strategic Insight: By refusing, you increase the “cost” of prosecuting you. If your case is minor or the evidence is shaky, the command may decide it isn’t worth the resources to pursue a Court-Martial.
Scenario Analysis: Should You Refuse?
We analyze refusals based on the strength of the evidence.
| Scenario | Risk Level | Recommendation |
|---|---|---|
| “He Said / She Said” (No physical evidence) | Low to Medium | Often Refuse. Without corroborating evidence, it is hard to win a Court-Martial. |
| Failed Urinalysis (Clean Record) | Medium | Case-by-Case. If we can find a lab error or supplement defense, we fight. If not, NJP might be safer. |
| Clear Video Evidence of Crime | High | Accept NJP. If they have you on tape, a Court-Martial will likely lead to a federal conviction. |
Frequently Asked Questions (FAQ)
Q: Can they give me a harsher punishment at Court-Martial?
A: Yes. This is the gamble. An Article 15 is limited (usually) to one rank reduction and half pay for two months. A Court-Martial can result in a Dishonorable Discharge and years in confinement. You should never refuse an Article 15 unless you have a viable defense strategy.
Q: Do I need a lawyer before I refuse?
A: Yes. You have the right to consult with counsel before signing the NJP form. Do not make this decision based on barracks rumors. Call Gonzalez & Waddington to review the evidence packet first.
Q: What if I am in the Navy or Marine Corps on a ship?
A: As mentioned, you generally cannot refuse NJP if you are attached to a vessel (The Vessel Exception). In this case, your strategy must be to win the hearing itself, or appeal the punishment afterward to the next higher authority.
Make the Call with Confidence
Refusing an Article 15 is the boldest move you can make in your military career. It signals that you are innocent and ready to fight.
Gonzalez & Waddington backs up that boldness with decades of trial experience. We prepare you for the fight.