Article 15 Military Disciplinary Process

The most common type of military discipline available under the Uniform Code of Military Justice (UCMJ) is called an "Article 15". Formally referred to as "nonjudicial punishment" or NJP, Article 15s are also given different names depending on branch of service—for example, "office hours" in the Marine Corps or "captain's mast" in the Navy and Coast Guard. They're issued by commanding officers as a way to maintain order in the military and promote good behavior in servicemembers without the stigma of a court-martial conviction.

Article 15s are less serious than court-martial discipline but more serious than administrative corrective measures. If you're a servicemember currently on active duty and you receive an Article 15, make sure you address it properly. Having an Article 15 in your military record can affect your ability to obtain special assignments, promotions, or security clearances, so it's important that you understand your rights and responsibilities before you proceed.

What Is the Meaning of "Article 15"?

Article 15 is the section of the UCMJ that gives commanding officers the authority to punish servicemembers for certain offenses without having to involve a court-martial. An Article 15 doesn't create a criminal record and, in some cases, will end up being removed from military records. Article 15s are supposed to be imposed for minor disciplinary problems only, but sometimes commanders will issue one to an officer or other high-ranking servicemember to prevent more severe punishment for serious disciplinary offenses.

What Proof Is Required to Issue an Article 15?

Commanding officers can't issue Article 15s just because they feel like it—they'll need to meet a certain burden of proof standard called "preponderance of the evidence." That means that the officer who issues an Article 15 must determine that it is "more likely than not" that the servicemember committed the offense defined by the UCMJ. However, many commanders aren't aware of the standard of proof—they'll simply have evidence of a disciplinary problem and will impose an Article 15 on that basis. Failure to meet this burden of proof can be valid grounds for challenging an Article 15.

Your Right to Refuse an Article 15

You don't have to accept an Article 15—you can refuse and request a trial by court-martial instead. But it's important to know that accepting an Article 15 isn't the same as admitting that you're guilty. Rather, it means that you're allowing the commanding officer to determine whether or not you're guilty.

Before you decide to accept or reject the Article 15, consult with a military defense attorney. Court-martial punishments can be much more severe than Article 15 punishments, so you'll want to make this decision carefully.

What Happens at an Article 15 Hearing

If you accept the Article 15, you're entitled to appear before the commanding officer who issued the Article 15. The hearing may be "open," where anybody can observe the proceedings, or "closed," meaning that only you, your commanding officer, and any witnesses you select are present. Article 15 hearings aren't required to adhere to the UCMJ evidentiary rules.

You'll be informed, either verbally or in writing, of the infraction that the officer believes warrants nonjudicial punishment. You can review the evidence beforehand and have a spokesperson act on your behalf when presenting your case to the commanding officer. The spokesperson can be a lawyer if you choose, but you aren't entitled to one. At the hearing, you or your spokesperson can offer evidence and witness testimony on the matters of defense, mitigation, and extenuation.

• Defense is evidence that you didn't actually commit the offense that your commanding officer said you did. For example, if you're charged with disobeying a direct order but you have an email from your commander telling you to do exactly what you did, that email may be admitted as evidence in your defense.
• Mitigation is evidence about your general character you present to explain why you shouldn't be punished (or should be punished less severely) for the offense. For example, if you slipped up and were drunk on duty because you were celebrating the birth of your first child, you may have witnesses testify to your general sobriety.
• Extenuation is evidence surrounding the commission of the specific offense you can use to explain why you did what you did. For example, if you fell asleep on duty because you'd been up all night after hearing that your mother received a worrying medical diagnosis, you can testify that concern over her health is an extenuating factor.

After reviewing all the records and listening to the witnesses, your commanding officer will make a decision based on the preponderance of evidence standard and determine what punishment, if any, is warranted. Maximum punishments depend on your rank and that of the commanding officer. They include up to 45 days in extra duties, 30 days in correctional custody, or forfeiture of half of your monthly pay for two months. Your commanding officer also has the authority to suspend punishment entirely.

If you disagree with the outcome of your Article 15 hearing, you can appeal to your commanding officer's direct superior within five days of the imposition of the punishment. Failure to submit your appeal within five days can mean that you lose your right to challenge the punishment.

Summary Court-Martial Procedures

If you reject the Article 15, the next step will be to attend a court-martial. Depending on the nature of your offense, your commanding officer may refer you to a summary, special, or general court-martial. Usually, any misconduct that could be resolved through nonjudicial punishment is referred to summary court-martial, the least severe type of court-martial proceeding.

In a summary court-martial, a single military officer acts as the prosecution, defense, judge, and jury. This officer is obligated to investigate the facts underlying the Article 15 by asking you (and your accuser) questions in order to decide whether you're guilty or not guilty based on the presented evidence. Any legal questions the officer has may be directed to a judge advocate.

Preliminary Proceeding and Court-Martial Rights

Before you attend the formal court-martial, the military officer will hold a preliminary hearing where you'll be given a copy of the charge sheet and informed of the following:

• the general nature of the charges
• the date the charges were referred to a summary court-martial
• the identity of the convening authority
• the name of the person accusing you of the offense
• your right to inspect documents presented against you and related personnel records
• the fact that the court-martial will abide by the Military Rules of Evidence
• your right to plead guilty or not guilty
• your right to call witnesses
• your right to cross-examine witnesses presented by your accuser
• your right to testify or remain silent without your silence being taken as an admission of guilt
• your right to offer mitigating or extenuating evidence in response to any guilty findings
• the maximum sentences that can be imposed if you're found guilty, and
• your right to object to a summary court-martial trial.

You don't have a right to a military defense attorney at a summary court-martial, although technically you can hire a private attorney. However, use of a civilian attorney is often restricted. You can always ask another servicemember to speak on your behalf or ask the Judge Advocate General (JAG) for a spokesperson to assist you.

Trial Procedure

Presentation of evidence at a summary court-martial is governed by the Military Rules of Evidence, which are similar to the evidence rules used in civilian court. Under these rules, only evidence that meets certain requirements can be admitted—for example, your buddy can't testify that he heard someone else say you were innocent, because that's considered hearsay. But you can call the person who said you were innocent and ask them to explain why they said it. These rules can get very complicated, which is why it helps to at least talk with an attorney before the proceedings so you can be prepared.

The officer convening the summary court-martial is responsible for arranging the attendance of any witnesses you request on your own behalf. The witnesses of the prosecution testify first, and you have the right to cross-examine them. Next you get to call your own witnesses. After that, the officer announces a finding of guilty or not guilty. If the finding is guilty, your sentence will also be announced. If part of your sentence involves confinement, you have the right to ask to have that punishment deferred.

A written record of the proceedings will be prepared and you have the right to receive a copy of it. This is important, because you will want to have a copy of the trial record in case you decide to appeal the court-martial decision.

Article 15s and Your Military Career

It's to your advantage to avoid further disciplinary issues in order to improve your chances of your Article 15 not following you throughout your military career. If enough time has passed and you haven't had any additional disciplinary problems, you may be able to get your Article 15 removed from your file. An Article 15 could also get removed after you earn a promotion. Article 15s filed on base at the JAG office often get removed after two years. Other Article 15s become part of your permanent military record and may be more difficult to remove.

If you're issued an Article 15 for an incident involving an arrest, you should be aware that— although you won't have a criminal record—the Department of Defense does permit arrests to be reported to the FBI. This can impact your civilian career later on. Ask your commander to contact the FBI to get the record of your arrest removed. If your commander won't help, you can file a privacy act request to see if the FBI will remove it. Talk to the military defense attorney on your base for assistance.

Finally, in some situations, you could be discharged after an Article 15 through the administrative discharge process (though you can't be dishonorably discharged for an Article 15). It could also lead to a negative service characterization, which could affect the types of VA benefits you're eligible for after military separation.

Getting Legal Help

While you aren't required to get a lawyer if you're accepting an Article 15 and you aren't entitled to an attorney at a summary court-martial, you should certainly consult an experienced military defense lawyer to help you plan your next steps—especially if you're considering refusing an Article 15. With so much at stake, you'll want to be sure that you're making the best decisions and employing the smartest strategies to protect your military career.