What is Article 15 of the UCMJ?
Article 15 is a provision under the Uniform Code of Military Justice (UCMJ) that allows commanders to impose non-judicial punishment (NJP) on military personnel who violate the UCMJ. NJP is a form of punishment that is less severe than a court-martial but still carries significant consequences for the service member’s military career.
Article 15 allows commanders to impose NJP for minor offenses, such as being absent without leave (AWOL), insubordination, disobeying orders, or disorderly conduct. It is intended to provide commanders with a swift and efficient way to address misconduct and maintain good order and discipline within the military ranks.
Company-Grade Article 15 vs. Field Grade Article 15
There are two types of Article 15: Company-Grade Article 15, and Field-Grade Article 15. These terms are often used for Army Article 15s, but they also exist in the other branches of service but don’t have the same name to them.
The two different types merely distinguish the maximum punishment depending on the rank of the commander issuing the Article 15. A Company-Grade Article 15 is given by a Captain (O-3) commander. A Field-Grade Article 15 is given by a Major (O-4) or above.
The important thing to note is that both types of Article 15s are extremely damaging to your career and are likely career-ending. It’s not the actual punishment that will end your career, it’s the fact that an Article 15 is in your permanent record that will forestall you from promotion or cause the military to initial administrative separation actions against you.
What Rights Do You Have with an Article 15?
The Article 15 process typically starts with an investigation by the chain of command into the alleged offense. Anytime you are under investigation, you have the right to remain silent and to have counsel. We always believe it’s better to have counsel before you make any statement. And remember, that cannot be used against you.
If there is sufficient evidence after the initial investigation to support the allegation, you will be OFFERED an Article 15. It’s important to note that the initial notification is just the offer of Article 15 because you can choose to request trial by court-martial, in which case the Article 15 process ends, and the case proceeds to court-martial. The Army refers to this initial offer as the “Reading” of the Article 15. This is generally a formal reporting proceeding in service dress in the offering commander’s office.
After the offer or reading of the Article 15, you have between 2-3 days to respond. You have the right to consult with free military defense counsel during this period. You also have the right to hire experienced civilian defense counsel to represent you through the Article 15 process. We have represented thousands of clients accused of Article 15s. Contact us today for a free consultation regarding Article 15.
In complicated cases, a continuance of several days may be appropriate and are generally granted by commanders for good cause.
During the 2-3 days between the reading and your response, major decisions must be made. First, you need to make a decision regarding counsel. You want to make that decision first, so they can help advise you through the other decisions.
Next, you have to decide forum. That means, do you accept the Article 15 forum and allow your commander to decide the case? Or, do you turn it down and demand trial by court-martial? It’s critical to have your attorney walk you through this complicated decision discussed further below.
You will also have to decide your plea, meaning, do you plead not guilty or guilty? If you accept an Article 15, you still have the right to plead not guilty and provide a presentation of evidence to the commander to persuade them to find you not guilty. We have helped countless clients present elaborate defense packages to their commander to overcome the allegations against them.
Finally, you will have to decide what if anything you’d like to say. This is key, because most servicemembers are generally instructed to admit the crime and ask for foregiveness. We typically advise against this approach, and instead encourage you to raise a strong defense.
Do I Have to Accept an Article 15
There are different rights for military members that receive an Article 15 versus lower forms of administrative discipline. Lower forms of discipline may not include actual punishment, meaning they cannot take money or rank, or impose restrictions to punish you for the alleged wrongdoing.
Article 15 is also known as “non-judicial punishment” (NJP) because it allows command to punish you without going through a judicial process. Nonetheless, there is still a formal process that occurs with an Article 15 regardless of whether it is a company grade or a field grade Article 15.
Unless a service-member is attached to a vessel (typically only relevant to the Navy or Marine Corps), the member has the right to refuse to accept the Article 15 and to demand they take the case to a court-martial. Turning down an Article 15 can be the most effective way to protect your career.
The decision to accept an Article 15 should be made with the advice of an experienced attorney. Many junior attorneys handle so many Article 15s and have such little confidence in their litigation ability, that they recommend acceptance of the Article 15 without giving much thought to the matter. It is a very difficult decision in many cases and requires hours of investigation and discussion with your attorney.
There are a few reasons to turn down the Article 15. First, if you do not have faith in the fairness of your commander, you should be aware that a court-martial would have neutral jurors from outside your command. Second, Article 15s are typically decided using proof by a preponderance of the evidence standard instead of the the proof beyond a reasonable doubt standard applicable in a court-martial.
You have a much higher chance of being convicted through an Article 15 than through court-martial.
We help clients everyday make the decision whether to accept an Article 15 or demand trial by court-martial. For those members that accept the Article 15, we help them every step of the way to fight it with their commander and we have an outstanding rate of having Article 15s dropped with no punishment.
OTHER MILITARY TOPICS
Military Investigators Asked Me To Go To Their Office And Give A Statement. I Would Like To Cooperate, But I Have Concerns. What Should I Do?
If you’ve been called to the office of military investigators you should call a lawyer! If you are told during the interview with investigators that you are suspected of a crime and have the right to remain silent and have the right to an attorney, you should ASSERT that right and REMAIN SILENT until you are able to talk to an attorney.
Let’s be clear about the “Miranda” warning which is called “Article 31(b) Rights” in the military. They specifically say “anything you say can be used AGAINST you.” There’s a reason it doesn’t say it can be used “FOR” you because the rules of court do not allow you to use your own statement that you made to law enforcement to prove your innocence. Your statement can ONLY be used AGAINST you in court!!!
We’ve been in this business for nearly 40-years collectively, with literally thousands of cases under our belts. Cooperation with law enforcement turns out to be helpful for our clients somewhere between 2-5% of the time, and that is only after careful consultation with an attorney.
Law Enforcement Took My Computer And Searched My Home. What Are My Rights During The Investigation?
The number one best way to protect yourself during an investigation is through the help of experienced military defense counsel. When individuals work with our firm early in the investigation we will make sure any attempt to seize or search property is done through the appropriate authorization and authority. We have successfully stopped searches from occurring on many occasions where the client would have otherwise been forced to go through with it if they were not represented.
If the search and seizure has already occurred, there are still some important rights to assert through the assistance of an attorney. First, any consent previously given or implied would be immediately revoked. This could stop the Government entirely, or slow down and limit the scope of their authority. Second, we have the ability to help advise our clients through the ongoing investigation.
Investigations can take a long time, and during that time there is no guarantee any information will be provided about the status of the investigation. President Trump has been under investigation from the time he was inaugurated by the Department of Justice, a department he is in control of, and even HE can’t get information about the status of the investigation or get it to stop.
We help our clients manage the anxiety and uncertainty during the course of an investigation. We create game plans on how we will deal with the various potential paths their case could go. It’s a situation you don’t have to go through alone and we make it a priority to make our clients feel the power of the team approach to their case.
