The attorneys at Mangan Law frequently assist servicemembers facing non-judicial punishment (NJP) under Article 15 of the UCMJ.

What is Article 15?

“Article 15” refers to Article 15 of the Uniform Code of Military Justice. It is a federal statute located at Title 10 of the United States Code, Section 815. Article 15 provides that commanding officers in the armed services may issue “non-judicial” punishment.

Do the different branches of the military apply Article 15 differently?

To some extent, yes. Article 15 of the UCMJ is a federal statute that applies equally to all of the branches of the armed services. But each branch has regulations that may cause Article 15 to be implemented slightly differently. For example, Article 15 punishments in the Army are controlled by Army Regulation (AR) 27-10, Chapter 3, which “implements and amplifies” Article 15. See para 3-1.a. 

Because there are six different branches, there are often six different answers to some of these questions. On this page, we will use the Army as an example. However, you should consult with a military defense counsel if you have specific questions no matter what branch you serve in.

What’s the first thing I should do if my command serves me an Article 15 packet?

Read the packet thoroughly, then contact an attorney. You should contact either your local military appointed counsel (e.g. your Army TDS office, your Air Force ADC office, etc.). You should also consider consulting with a civilian attorney, like the attorneys at Mangan Law.

Who can issue punishments under Article 15?

Any commanding officer with command jurisdiction over you can issue non-judicial punishments under Article 15. Some punishments can only be issued by field grade officers and general officers.

What kinds of punishment can enlisted get at an Article 15?

Article 15 authorizes the following punishments for enlisted members:

  • If attached to or embarked in a vessel, confinement for up to three consecutive days
  • Correctional custody for up to seven consecutive days
  • Forfeiture of up to seven days’ pay
  • Reduction to the next inferior pay grade
  • Extra duties for up to 14 consecutive days
  • Restriction to certain specified limits, with or without suspension from duty, for up to 14 consecutive days
  • Detention of up to 14 days’ pay

Additionally, if the commander is an officer in the grade of O-4 (i.e. Major or Lieutenant Commander) or above, the following punishments are also authorized:

  • Everything from the first list
  • Correctional custody for up to 30 days
  • Forfeiture of up to one-half of one month’s pay per month for two months
  • Reduction to the lowest or any intermediate pay grade (with certain limitations, including that an NCO in the grade of E-5 or above can only be reduced a maximum of two pay grades)
  • Extra duties for up to 45 days
  • Restriction to certified specified limits, with or without suspension from duty; for up to 60 consecutive days
  • Detention of up to one-half of one month’s pay per month for three months.

Article 15 also authorizes written administration admonitions and reprimands, which may be imposed either as administrative measures or as punishments pursuant to Article 15.

I’ve received an Article 15. Do I now have a criminal record?

No. Article 15 only authorizes “non-judicial” punishment. The fact that it is “non-judicial” punishment means that it does not count as a criminal charge or conviction. If you have been punished under Article 15 only and someone asks if you have ever been charged with or convicted of a crime, the answer is “no.”

It is possible, however, that your Article 15 was preceded by a criminal investigation. Criminal investigations may result in the creation of derogatory information that could impact your security clearance, promotion potential, or subsequent employment even if you have never been charged with or convicted of a crime. We encourage you to read our page on law enforcement titling [hyperlink] and to consult with us if you have further questions.

Can officers receive punishments under Article 15?

Yes, but the punishments are more limited.

If the commander is not a general officer, the only punishment that can be issued to an officer is restricted to certain specified limits, with or without suspension from duty, for up to 30 days.

If the commander is a general officer, the possible punishments are:

  • Arrest in quarters for up to 30 days
  • Forfeiture of up to one-half of one month’s pay per month for two months
  • Restriction to certain specified limits, with or without suspension from duty, for up to 60 days
  • Detention of not more than one-half of one month’s pay per month for three months

What does an Article 15 hearing look like?

The Article 15 “hearing” usually does not resemble what we think of when we use the word “hearing.” There are no lawyers present. Typically, the only people present are the imposing commander and the servicemember receiving the NJP.

If I accept an Article 15, is that the same as admitting guilt?

No. Accepting the Article 15 hearing, rather than turning it down, is not the same as an admission of guilt. You can accept the Article 15 process while still maintaining your innocence.

Should I admit guilt or fight the charges at an Article 15?

It depends. The right answer is different in every case. Sometimes, the right approach is to challenge the charges and submit evidence of your innocence. Sometimes, the right approach is to fall on your sword, apologize, and express remorse. The only way to know which approach is best is to consult with a qualified and experienced military defense counsel.

Can I turn down an Article 15?

Service members have the right to “turn down” an Article 15 and demand trial by court-martial (unless they are attached to or embarked on a vessel).

Should I turn down an Article 15?

There are circumstances in which turning down an Article 15 is the right move. However, it can carry extreme risk. Further, it totally depends on the facts of your case. Usually, accepting the Article 15 punishment is the right move. If you are considering whether to turn down an Article 15, you should consult with an attorney before you make any decisions.

Do I need a civilian attorney if I know that I will accept an Article 15 punishment?

You may or may not benefit from hiring a civilian attorney. There are circumstances in which it pays to have an experienced UCMJ defense counsel in your corner even if you plan to accept non-judicial punishment under Article 15. We encourage you to consult with us if you are in this situation. If we believe the best course of action is to simply accept the punishment and that you do not need to hire an attorney, we’ll tell you that, free of charge, after our consultation. We only take on clients if we believe that we can get them their money’s worth.

Will an Article 15 ruin my career?

The answer to this question depends on many different factors: your rank, your age, your record of service, your MOS, which branch of the armed forces you serve in, and so on. 

In some circumstances, an Article 15 is a career-killer. In some cases, it barely matters at all.

There is no one-size-fits-all answer. The only way to assess the impact to your career is to consult with a qualified military defense counsel, like the experts at Mangan Law.

Can I appeal an Article 15?

Yes. Article 15(e) states: “A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.” For certain punishments, the appellate authority is required to refer the case to a Judge Advocate for consideration and advice.

What is the burden of proof at an Article 15 hearing?

In past years, the burden of proof depended on the branch of service. Some branches used the “preponderance of the evidence” standard. Others used the “proof beyond a reasonable doubt” standard, which is a very high standard and the one used in criminal trials.

Today, all services use the “preponderance of the evidence” standard for NJPs.

Can I PCS or reenlist with an Article 15?

An Article 15 is not an automatic bar to PCSing or reenlisting. However, if you have particularized concerns about your career, we encourage you to consult with us.

Will an Article 15 be filed in my permanent record?

Each service has different implementing regulations for the filing of Article 15 punishments. We will use the Army as an example.

In the Army, your permanent record is your Army Military Human Resource Record (AMHRR). This used to be called the Official Military Personnel File (OMPF).

For E-4s and below, NJP records are filed locally in unit NJP or unit personnel files. These are separate from your AMHRR and Military Justice Online (MJO) records. Locally-filed NJP records must be destroyed either 2 years after imposition of the NJP, the date the Soldier PCSes, or the date the Soldier is reassigned to another General Court-Martial Convening Authority’s jurisdiction, whichever comes first. See AR 27-10, para 3-37.b.(1).

For everyone else, the imposing commander must make a filing determination. AR 27-10 states that the imposing commander “must weigh carefully the interests of the Soldier’s career against those of the Army to produce and advance only the most qualified personnel for positions of leadership, trust, and responsibility.” Commanders weigh several factors in determining whether to file an Article 15 locally or in the AMHRR, including the Soldier’s age, grade, total service, performance, past misconduct, past NJPs, and the seriousness of the misconduct.

If commanders decide to file an NJP record in a Soldier’s AMHRR, they may decide to file it in either the performance portion or the restricted portion. If the imposing commander decides to file it in the performance portion, an appellate authority can direct that it instead be filed in the restricted portion; however, an appellate authority cannot move it from the restricted to the performance portion. See AR 27-10, para 3-37.b.(1)(a).

What exactly can get filed in my AMHRR?

If your commander chooses to file NJP in your AMHRR, the original DA Form 2627 and all “allied documents,” including all written statements and documentary evidence considered by the commander and/or appellate authority, will be filed in your AMHRR. See AR 27-10, para. 3-37.a.

Are there special rules for sex-related misconduct?

Yes. In our experience, sex-related offenses are rarely handled through Article 15. However, in the Army, records of NJPs must be filed in the performance portion of a Soldier’s AMHRR, regardless of any other rule or regulatory provision.

How can I prepare for an Article 15 hearing?

There’s no one-size-fits-all answer here. We recommend against a DIY approach to Article 15 hearings. Consulting with an experienced military defense counsel is a better option than trying to figure out this process for yourself. Not every servicemember needs an attorney for an NJP, but there is no reason not to at least consult with an attorney before making a decision.

Can I fight the Article 15 if I already accepted it?

Depending on the stage of the process you are in, you may be able to turn down the Article 15 and demand trial by court-martial. You may also have the right to appeal the Article 15 or request some form of clemency, suspension, or mitigation. If you are regretting a decision you have made with respect to NJP, we recommend you consult with us.

Can I be chaptered out after an Article 15?

In some circumstances, yes. No matter what punishment you receive or where it is filed, your command (or a higher echelon of command, like HRC) may decide to initiate involuntary separation proceedings for the same or similar misconduct for which you received NJP. tIf you are facing involuntary administrative separation, you should consult with a qualified military defense counsel.

Is a reprimand the same thing as an Article 15?

Not necessarily. A commander can issue a reprimand as part of an Article 15. See Article 15(b). However, reprimands can also be issued administratively outside the Article 15 process. See, e.g., AR 27-10, para. 3-3.c.(1).

Will I lose my clearance because of an Article 15?

It is not automatic, but receiving an Article 15 can make it more difficult to obtain and retain a security clearance, depending on the nature of the Article 15 and your clearance.

Can an Article 15 hurt my chances at promotion?

Yes. Keeping it out of your AMHRR, or a filing in the restricted portion, decreases the chances that a record of NJP will impact your chances at promotion.

However, in recent years, statutory amendments and Department of Defense Instructions have allowed many more promotion boards to consider derogatory information (including NJPs) in the restricted portion of a Soldier’s AMHRR. You should consult with an experienced military defense counsel to assess the impact that an NJP may have on your career.

Can Article 15 punishments be suspended?

Yes. Article 15(d) authorizes an imposing commander to “suspend probationally” any part of an NJP.

AR 27-10 provides that suspensions allow a period during which a Soldier may show that they deserve remission of the remaining punishment. Suspensions of punishment may not be for a period longer than six months (or three months in the case of summarized proceedings). Further misconduct may be grounds for vacation of the suspension and imposition of the full punishment. See AR 27-10, para. 3-24.

Can Article 15 punishments be mitigated?

Yes. Article 14(d) provides that the imposing commander (or their successor in command) may, at any time, remit, mitigate, or set aside any part of the punishment, whether imposed or not, and may restore all rights, privileges, and property affected. This means that in the weeks, months, or years following the punishment, a commander can decide to set the punishment aside and restore all of the servicemember’s lost rights and privileges. If you have already been punished but are interested in requesting mitigation, you should consult with Mangan Law.

Can I be court-martialed for the same things that my command Article 15’d me for?

Yes. Article 15(f) states: “The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.” In plain English, this means that your command may court-martial you for the same charges for which you were punished via Article 15, but your punishment may offset any sentence you end up receiving at trial.


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