Article 15 / Non-Judicial Punishment

Understanding the Consequences of Non-Judicial Punishment/Article 15 Punishment

Unlike at court-martial, Article 15 punishment never results in a criminal conviction, and you cannot be separated from the military at NJP, although administrative separation often follows NJP. You have the right to appeal an Article 15 punishment to the immediate supervisor of the commander who imposed NJP within 5 days of its imposition.

Whether you can be reduced in rank, how long you can lose pay and will have extra duties/restriction, and what impact your punishment will have on your career depends on:

• Which service you are in
• The type of NJP you are taken to
• And your pay-grade

How Does Each Military Department Handle Non-Judicial Punishment?

Each military department handles NJP differently based on:

• Its own customs
• History
• And service regulations

The Army and Air Force

For example, the Army and Air Force more frequently utilize less serious forms of Article 15, such as Summarized Article 15, which does not go into a Soldier’s OMPF, and Company-Grade Article 15, which carries lower punishments, than the sea services.

They are more likely to hold Field-Grade Article 15, which is the most serious type with the highest punishments, for offenses they consider more serious, like a positive urinalysis for illegal drugs.

The Navy and Coast Guard

In the Navy and Coast Guard, NJP is often known as Captain’s Mast, and it most frequently is imposed by ship and squadron commanders. As a result, nearly all of the Navy and Coast Guard NJP’s are “field-grade” level, meaning you would face the maximum punishments that can be imposed at NJP.

Because Article 15 matters are considered non-judicial cases, defendants do not have a right to counsel being present, although they do have the right to consult with counsel in advance. It is a common myth that you can “demand court-martial” rather than go to NJP.

The reality is, if you do not fall under the vessel exception, you can refuse Article 15 / NJP, but it is up to your command whether it wants to take you to a court-martial. Many commands choose to administratively separate servicemembers instead.

If you have enough time in the service, you can request an administrative separation board. If not, you may be summarily drummed out of the service with less than an honorable discharge. It is important to understand the factors that play into these command decisions before you decide whether to accept Article 15 / NJP or not.

Who Can Impose Non-Judicial Punishment?

Non-judicial punishment can be imposed by a commander in the military which allows punitive action to discipline for minor violations under the Uniform Code of Military Justice (UCMJ). Non-judicial cases can be appealed to the immediate supervisor of the commander as long as it is within 5 days of its imposition.

Why You Should Speak to Our Team About Your Article 15 / NJP Case

It is always a good idea to speak to a lawyer who understands the military before going to Article 15 / NJP. Why? Because there are long-term consequences to a marine NJP decision that you need to be aware of.

Given the importance of your career, benefits like your GI Bill, and your reputation, you should never go to NJP without first speaking to a defense lawyer who understands the military.

While TDS / DSO offices provide free defense advice called “PERSREPS” (i.e. initial consults) about Article 15 / NJP, these are often with junior uniformed attorneys, and they are rarely allowed to be detailed to you at the NJP stage.

Understanding Your Rights Under Article 15

Navigating the complexities of Article 15 and Non-Judicial Punishment can be overwhelming. It is essential to understand your rights during this process. As a service member, you have the right to be informed about the specifics of the charges against you, the opportunity to present your side of the story, and the ability to consult with a qualified military lawyer before accepting any punishment.

At The Hanzel Law Firm, we empower our clients by ensuring they are fully aware of their legal options. Our dedicated team will help you:

• Gain clarity on the potential implications of accepting or disputing an Article 15
• Prepare a strong defense that highlights your service record and character
• Navigate the military justice system with confidence and knowledge
• Understand the long-term effects of a Non-Judicial Punishment on your military career

Don't face this challenge alone. Let our experienced legal team guide you through every step of the process, advocating relentlessly for your rights and reputation. Your duty is to serve; our duty is to protect you.

Navigating the Appeals Process

Facing non-judicial punishment can be a daunting experience, and understanding your rights within the appeals process is crucial. If you believe that the NJP actions taken against you were unjust or excessive, you have the right to appeal the decision. Our knowledgeable team at The Hanzel Law Firm can guide you through this critical phase, ensuring that you understand each step of the process and the potential outcomes.

Key aspects of the appeals process include:

• Identifying the grounds for appeal: We will help evaluate your case to determine viable grounds for appeal, such as procedural errors or disproportionate punishment.
• Filing timely appeals: The clock is ticking when it comes to appeals, and our team will ensure all necessary documentation is submitted promptly.
• Preparing compelling evidence: We will assist you in gathering and presenting compelling evidence to support your appeal.
• Advocating on your behalf: With extensive experience in military law, we will represent your interests during the appeal proceedings, working to achieve the best possible outcome.

Don’t face the appeals process alone. Contact The Hanzel Law Firm today to schedule a consultation and let us fight for your rights and future.

Why Choose The Hanzel Law Firm for Your Article 15 / NJP Case?

When it comes to defending your rights and reputation in military settings, experience and dedication matter more than ever. At The Hanzel Law Firm, we specialize in Article 15 / Non-Judicial Punishment cases, understanding the intricacies and unique challenges that military personnel face.

Here’s why our firm stands out:

• Expert Military Defense Attorneys: Our team is well-versed in military law and the complexities of non-judicial punishment, ensuring that your case is handled with expertise and precision.
• Personalized Strategy: We believe every case merits a tailored approach. Our lawyers take the time to understand your unique situation, crafting a defense that aligns with your specific circumstances and goals.
• Commitment to Your Future: We not only aim to resolve your immediate concerns, but we also focus on preserving your career and reputation in the long term, guiding you through every step of the legal process.
• Confidential Consultations: We prioritize your privacy and provide a safe space for you to discuss your concerns. Our consultations allow you to explore your options without obligation.
• Proven Track Record: Our successful history in handling military cases speaks for itself. We have helped countless service members achieve favorable outcomes and regain control over their futures.

Don't navigate the complexities of military law alone. Allow The Hanzel Law Firm to be your trusted ally in securing the best possible outcome for your Article 15 / NJP case. Contact us today for a confidential consultation!

How The Hanzel Law Firm Can Help

At The Hanzel Law Firm, we also provide an initial consult for free. Not only have we advised hundreds of servicemembers in similar situations, but no matter where you are stationed, you have the option of retaining us full-time to help your case, not just at the NJP phase but beyond.

Get personalized, tailored advice for your non-judicial punishment case now. Contact The Hanzel Law Firm today to request a free consultation with our knowledgeable team.