We are constantly asked what a person should do if you get an Article 15. In the military, commanders are authorized to issue Article 15, also known as non-judicial punishment (NJP), to soldiers without court-martial interference. This provision enables commanders to address allegations of minor violations outside judicial proceedings.
However, non-judicial punishment can severely hurt your military career. So if you receive Article 15, we suggest you contact a military defense attorney right away to discuss your options.
Understand Why You Are Receiving Article 15 or Nonjudicial Punishment
Article 15 is provided under the Uniform Code of Military Justice – UCMJ. So if you receive it, it is because your commander thinks you violated the UCMJ regulations in one way or another. Therefore, the commander wants to reprimand you for misconduct without following the long court-martial process.
Understanding why you’re receiving Article 15 can help you respond to it without committing further offenses. Remember that Article 15 is an administrative tool, and it cannot be subject to federal conviction outside the military.
Consider Your Options
When a commander issues you an Article 15, you can refuse to accept it and request a trial by a higher level of discipline like the court-martial. At this point, you need to consult with an attorney to understand the most appropriate action for your situation. You may decide not to accept Article 15 and prompt your commander to move to a court-martial for proceedings.
If you have a strong defense, you may win your case and put an end to the matter. However, if you lose, you may face a federal conviction and serious criminal penalties such as jail time.
Accepting Article 15 or Nonjudicial Punishment is Not a Guilty Plea
Accepting your Article 15 doesn’t necessarily mean admission of guilt. Once you discuss your situation with your attorney, you may decide to accept Article 15 to reduce your chances of exposing yourself to more violations. Similarly, accepting Article 15 shows that you agree to allow your commander to decide if you’re guilty, and if so, choose how to punish you.
Be aware that possible maximum punishments at the administrative level are relatively lower than what a court-martial could direct. Also, keep in mind that even if you accept Article 15, you can still petition your case and request more lenient punishment.
You should talk to a military defense lawyer before responding to your case to avoid the risk of aggravating the situation. You also have the opportunity to provide some missing evidence to prove your innocence and give reasons why you believe a certain punishment is unfair to you.
Get an Experienced Military Defense Attorney Today at Golden Law, Inc.
At Golden Law, Inc., we are committed to helping military members facing non-judicial punishment, court-martial trials, investigations, court-martial appeals, and more. We understand the complex military procedures, and we can help you build a strong defense against your Article 15 for a favorable outcome. Please contact us to schedule a free consultation.
