Your Best Defense Against Non-Judicial Punishment
An Article 15 or non-judicial punishment (NJP), also known as Captain’s Mast, Admiral’s Mast, or Office Hours is an administrative action issued by a commanding officer toward a service member that committed a violation of the UCMJ. This provision allows commanders to address an incident and reprimand the accused member without having to escalate to the court martial level.
The Article 15 process starts with the accused military member being notified of the action. They will receive a copy of the allegations and be informed of their rights. What is most significant about an Article 15 is that you are given the option to accept the allegation of misconduct or refuse the allegation and proceed to a court martial.
It is important not to be hasty in responding to an Article 15, consult with Attorney John Malek first to get an understanding of your rights and consequences. It may be in your best interest to proceed to a court martial for resolution of your situation. On the other hand, if you don’t wish to take the risk of a court-martial, believe you are guilty, or are confident you can state your case to the commander, accepting the Article 15 may be the best course of action. Attorney John Malek can help you weigh your options and advise you on the most appropriate action to take.
Understanding the Consequences of an Article 15
Accepting the Article 15 or non-judicial punishment is not an admission of guilt. It is simply an agreement to allow your commanding officer to decide if you are guilty and how you should be reprimanded.
During the NJP hearing, you can state your case, have witnesses testify on your behalf, and present documents or written statements as evidence. Depending on the service you are in, you may have the right to have a military defense attorney present for the hearing, though in most cases they are not allowed.
Some of the Article 15 punishments you could face if found guilty include:
- Forfeiture of pay
- Reduction in rank or grade
- Restriction to military quarters
- Added days of extra duty
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