In military law, one often encounters the term “Article 15” in the context of disciplinary actions within the armed forces. Article 15 of the Uniform Code of Military Justice (UCMJ) provides your chain of command with a swift and efficient method to handle minor offenses without resorting to a court-martial. In the Air Force and Space Force, this process is usually called “Article 15.” In the Army, it’s “NJP.” In the Navy and Marine Corps, it’s “Captain’s Mast” or “Office Hours.” In any case, however, it involves a commander offering non-judicial punishment to a subordinate without having to go to court.
This blog post will delve into the intricacies of Article 15, explore ten common offenses addressed by nonjudicial punishment under Article 15, outline the process involved, including the option to demand a trial by court-martial and discuss the potential punishments that can be imposed.
Overview of Article 15
Article 15, also known as Non-judicial Punishment (NJP), grants commanding officers the authority to discipline service members for minor infractions. This administrative action process is designed to maintain order and discipline within the ranks without the formalities and potential career ramifications of a court-martial conviction. The scope of Article 15 is limited to less severe offenses, where the focus is on correcting the behavior of military personnel rather than imposing harsh penalties.
The Purpose of Article 15
The primary goal of Article 15 is to provide a quick and effective means of addressing misconduct, ensuring that discipline is maintained while minimizing disruption to military operations. It allows commanders to administer punishment that is corrective rather than punitive, aiming to rehabilitate the service member and promote good order and discipline.
Authority and Scope
Commanding officers at various levels, from company grade to field grade and even general officers, can impose Article 15 punishments. The maximum punishment that can be administered depends on the rank of the commanding officer and the rank of the service member being disciplined. For example, a company or squadron commander can impose lesser punishments on a military member compared to a battalion, brigade, or group commander.
The Uniform Code of Military Justice and Manual for Courts-Martial describe the process to be used in imposing Article 15 nonjudicial punishment.
Common Offenses Handled by Article 15 Nonjudicial Punishment
While Article 15 can address a wide range of minor offenses, certain infractions are more frequently dealt with through this process. Below are ten common offenses that often result in nonjudicial punishment under Article 15:
1. Absence Without Leave (AWOL)
One of the most common offenses, AWOL refers to a service member’s unauthorized absence from their duty station or place of duty for a period of time. This can range from a few hours to several days.
2. Failure to Obey Orders or Regulations
Disobeying lawful orders or failing to adhere to regulations is a serious offense in the military, where discipline and following orders are paramount. This can include anything from neglecting duties to disregarding safety protocols.
3. Insubordination
Insubordination involves disrespect or defiance toward superiors. This can manifest as verbal abuse, refusal to follow instructions, or other forms of disrespectful behavior.
4. Misuse of Government Property
Using government property for unauthorized purposes, whether it be vehicles, equipment, or other resources, is considered misuse and can result in Article 15 punishment.
5. Drunkenness on Duty
Being intoxicated while on duty undermines the safety and efficiency of military operations. This offense is taken seriously and is often dealt with through nonjudicial punishment.
6. Dereliction of Duty
Dereliction of duty occurs when a service member fails to perform their assigned duties adequately, whether through neglect, incompetence, or willful misconduct.
7. Unauthorized Absence from a Place of Duty
Similar to AWOL, this offense involves a service member being absent from their assigned place of duty without proper authorization, but it typically refers to shorter periods or specific assignments.
8. False Official Statements
Making false statements to superiors or in official documents can severely undermine trust and integrity within the military, leading to disciplinary action.
9. Drug Offenses
Drug use and drug possession are often handled through nonjudicial punishment. If you are involved in a drug case, including any substances regulated by the government or banned by the Department of Defense, you may be facing an Article 15.
10. Minor Assaults
Minor physical altercations or assaults that do not result in serious injury are often handled through nonjudicial punishment rather than court-martial proceedings.
The Process of an Article 15 Nonjudicial Punishment
The Article 15 process is designed to be relatively quick and straightforward, ensuring that disciplinary matters are addressed promptly. Here’s a step-by-step overview of how the process typically unfolds:
1. Notification of Charges
The process begins when a service member is informed of the alleged offense. They receive written notification outlining the specific charges and the evidence supporting them. This is a crucial step, as it ensures the accused is aware of the accusations and can prepare a defense.
2. Rights of the Accused
Upon receiving the notification, the service member is advised of their rights, including the right to remain silent, the right to consult with a military defense counsel, and the right to present evidence and witnesses in their defense. Additionally, the service member has the right to demand a trial by court-martial instead of accepting Article 15 proceedings.
3. Decision to Accept or Demand Court-Martial
The accused service member must decide whether to accept the Article 15 process or demand a trial by court-martial. Opting for a court-martial can be risky, as it involves a more formal judicial process and potentially more severe penalties, including the potential for a federal conviction. However, it also provides the accused with more extensive legal protections and the right to a full trial, including the highest burden of proof — beyond a reasonable doubt. The same burden does not apply in an Article 15 setting.
4. Hearing
If the service member accepts the Article 15 process, a hearing is conducted by the commanding officer or an appointed officer. During the hearing, the service member can present their side of the story, call witnesses, and submit evidence in their defense. During this hearing, the military member can also have a spokesperson describe their character or can submit evidence, to include their military records, showing their positive qualities. An expert military lawyer can best help you prepare for this hearing.
5. Determination and Imposition of Punishment
After considering the evidence and testimony, the commanding officer decides whether the service member is guilty of the alleged offense. If found guilty, the commanding officer imposes an appropriate punishment based on the severity of the offense and the service member’s disciplinary record.
6. Appeal
Service members have the right to appeal the decision and punishment imposed under Article 15. The appeal is reviewed by the next higher commander, who can uphold, modify, or overturn the original decision.
Potential Punishments for an Article 15
The punishments imposed under Article 15 can vary widely based on the severity of the offense, the rank of the service member, and the discretion of the commanding officer. Potential punishments include:
1. Reduction in Rank
One of the most impactful punishments, especially for enlisted personnel, is a reduction in rank or pay grade. This can affect a service member’s take-home pay, responsibilities, and career progression.
2. Forfeiture of Pay
Commanders can impose forfeiture of pay for a specified period, reducing the service member’s income as a form of punishment.
3. Extra Duty
Extra duty involves assigning the service member additional tasks or responsibilities beyond their regular duties, often for a set period.
4. Restriction
Restriction limits the service member’s movements to specific areas, such as their barracks or duty station, for a certain duration.
5. Reprimand
A formal reprimand is a written statement of disapproval that is placed in the service member’s personnel file. This can have long-term career implications.
6. Correctional Custody
For lower-ranking enlisted personnel, correctional custody involves confinement to a military correctional facility for a short period.
7. Suspension of Punishment
In some cases, a portion of the punishment may be suspended, meaning it will not be enforced if the service member meets certain conditions, such as maintaining good behavior for a specified time. A suspended punishment allows the military member to prove to their command that they can overcome their misconduct and perform at a higher level.
Factors Influencing Punishment Severity
Several factors can influence the severity of the punishment imposed under Article 15, including:
- The seriousness of the offense
- The service member’s rank and position
- The service member’s prior disciplinary record
- The potential impact on unit morale and discipline
- Mitigating or extenuating circumstances presented during the hearing
Conclusion
Article 15 of the UCMJ serves as a tool for maintaining discipline and order within the military, providing a means to address minor offenses swiftly and effectively. Understanding the common offenses handled by Article 15, the process involved, and the potential punishments can help service members navigate the complexities of military justice.
If you or a loved one are facing Article 15 or other military disciplinary action, it is crucial to seek legal advice from an experienced military defense attorney. Contact us today to schedule a free consultation and ensure your rights are protected.