What Is Article 15?
Article 15 of the Uniform Code of Military Justice (UCMJ) authorizes commanders to impose nonjudicial punishment (NJP) for minor offenses. This administrative tool allows military leaders to address minor misconduct without resorting to a court-martial. While less formal than a trial, the consequences of an Article 15 can still significantly affect your military career, rank, and future in the military justice system.
The Article 15 Process Explained
The process for an Article 15 proceeding is structured but varies slightly by service. Regardless of the branch, the overall flow includes several key stages:
1. Notification of Charges
The service member will receive written notification of the alleged offense(s). This notice includes a description of the misconduct, the specific UCMJ article violated, and a summary of the evidence. It also outlines your rights, including the right to consult legal counsel.
2. Consultation With Legal Counsel
You are entitled to consult with a military defense attorney, and you may also choose to hire a civilian attorney at your own expense. Legal counsel can review the charges, help you understand the process, provide legal advice, and assist in preparing a response. This step is essential for assessing issues of extenuation and mitigation that might affect the outcome.
3. Decision to Accept or Refuse Article 15
After reviewing the charges and consulting with an attorney, the service member must decide whether to accept the Article 15 process or demand a court-martial. Choosing to accept the Article 15 does not mean admitting guilt—it simply means you are allowing your commanding officer to handle the matter administratively.
If you refuse, the command may pursue a general court-martial, where more formal legal procedures and potential consequences apply. A court-martial conviction carries the weight of a federal conviction and can result in maximum punishments, including confinement and punitive discharge.
4. Article 15 Hearing
If you accept Article 15, a hearing will be scheduled. During the hearing:
- You may present evidence and call witnesses.
- You may make a personal statement or remain silent.
- Your commanding officer will evaluate the evidence and determine if you committed the offense.
- Considerations of extenuation and mitigation, to include positive aspects of your military record, can influence the final outcome and punishment.
5. Imposition of Punishment
If the commanding officer finds you guilty, they will impose a punishment appropriate to the offense and within their authority. Punishments can include restriction, extra duties, reduction in rank, forfeiture of pay, or a formal reprimand. These administrative actions can damage your record and influence future decisions regarding administrative separation or discharge.
6. Right to Appeal
If you are found guilty and punished, you have the right to appeal the decision to the next higher authority. Grounds for appeal can include new evidence, an unjust finding, or excessive punishment. This appeal is a critical checkpoint in protecting the service member’s rights and career.
How Each Military Service Handles Article 15 Differently
While the structure of Article 15 is consistent across the Department of Defense, each branch of the military implements its procedures with unique terminology, culture, and administrative nuances.
Army
In the Army, Article 15s are referred to simply as “Article 15s.” Soldiers receive written notification and typically consult with Trial Defense Service (TDS) attorneys. Army commanders are often more procedural, documenting detailed summaries of proceedings and emphasizing due process. Company Grade and Field Grade distinctions are common, with the latter carrying more severe punishments.
Air Force
The Air Force also uses the term “Article 15,” and airmen are formally entitled to consult with Area Defense Counsel (ADC) before making a decision. The Air Force tends to be meticulous in documenting every step of the process, and commanders often consult judge advocates before issuing punishment. Space Force Guardians currently follow Air Force protocols until the Space Force establishes separate administrative procedures.
Navy
In the Navy, Article 15 proceedings are known as “Captain’s Mast.” Sailors may or may not have the opportunity to consult legal counsel before the Mast, depending on operational circumstances. The command environment in the Navy often impacts how strictly procedures are followed, especially aboard ships where administrative flexibility is sometimes prioritized.
Marine Corps
The Marine Corps refers to Article 15s as “Office Hours.” While similar to the Navy in terminology and process, Marines generally face a more rigid and disciplinary tone. Commanders typically impose tougher punishments, and although consultation with counsel is not always guaranteed, many commands provide access if requested.
Space Force
The Space Force currently adheres to Air Force legal procedures. Guardians receiving Article 15 notifications can expect similar rights and processes as airmen. As the branch continues to develop, future regulations may diverge to reflect the unique mission and culture of the Space Force.
Your Legal Rights During Article 15 Proceedings
Regardless of your branch of service, your rights under Article 15 are protected. These include:
- Right to Be Informed: You must be told the nature of the accusations and the evidence against you.
- Right to Remain Silent: You do not have to incriminate yourself.
- Right to Legal Representation: You may consult with a defense attorney and choose to retain civilian counsel.
- Right to Demand Trial by Court-Martial: In most situations, you can refuse NJP and opt for a court-martial — either a special court-martial or a general court-martial — where your guilt must be proven beyond a reasonable doubt.
- Right to a Fair Hearing: You may present evidence, call witnesses, and make a statement.
- Right to Appeal: If found guilty, you can request a review of the decision up the chain of command.
Punishments Under Article 15
The severity of punishment depends on your commander’s rank and the seriousness of the offense. Punishments can include:
- Restriction to Specific Areas
- Extra Duties
- Reduction in Rank
- Forfeiture of Pay
- Official Reprimand or Admonishment
Field Grade officers (O-4 and above) have broader authority and can impose harsher penalties compared to Company Grade officers. In some cases, the consequences can lead to administrative discharge or separation, particularly when multiple infractions are involved or when conduct affects unit readiness and trust.
Why You Need a Military Defense Lawyer
Navigating an Article 15 proceeding without legal help puts your military career at risk. A knowledgeable military defense lawyer from a law firm experienced in military law can:
- Evaluate the evidence against you
- Identify procedural errors
- Help you decide whether to accept the NJP or demand a court-martial
- Represent you at the hearing
- Present evidence of extenuation and mitigation
- Draft a compelling appeal if necessary
An experienced lawyer ensures your rights are protected and increases your chances of a favorable outcome. Legal advocacy is crucial when your future as a member of the military personnel is on the line.
Schedule a Free Consultation Today
If you’re a service member facing an Article 15, the consequences can be serious, but you don’t have to go through it alone. Our team of experienced military defense attorneys is here to help you understand your rights and defend your future.
Contact our law firm today to schedule a free initial consultation and start building your defense.
