Understanding Article 15 (NJP)
Introduction:
When service members hear the term “Article 15 (NJP),” it often brings a sense of urgency and concern. Article 15 (NJP) of the Uniform Code of Military Justice (UCMJ) is a provision that allows commanders to discipline troops without a formal court-martial. Understanding Article 15 (NJP) is crucial for every service member, as it can significantly impact one’s military career. The following is a brief overview.
What is Article 15 (NJP)?
Article 15 (NJP) is a disciplinary measure more serious than administrative corrective measures but less severe than a trial by court-martial. It is also known as nonjudicial punishment (NJP). The purpose of Article 15 (NJP) is to provide commanders with an essential and prompt means of maintaining good order and discipline. It also promotes positive behavior changes in service members without the stigma of a court-martial conviction.
Commanders can impose various types of punishment for minor offenses without the need to convene a court-martial. This allows for swift and fair correction of misconduct while maintaining unit discipline and cohesion.
Types of Offenses and Punishments:
The types of offenses typically addressed under Article 15 (NJP) are minor infractions that impact the morale, good order, and discipline of the unit. These might include insubordination, failure to follow orders, lateness, or minor theft. The specific punishments under Article 15 (NJP) can vary but may include restrictions, extra duties, reduction in grade, forfeiture of pay, or reprimands.
It’s important to note that the severity and type of punishment depend on the rank of the commanding officer imposing the punishment and the service member’s rank.
Rights of the Service Member:
One of the critical aspects of Article 15 (NJP) proceedings is that service members have rights that they can exercise. These include:
1. Right to be informed.
Service members must be informed of the alleged offenses and the evidence supporting them. This evidence can then be reviewed with an attorney.
2. The Right to Deny Article 15 (NJP).
Service members can deny Article 15 (NJP) and demand trial by court martial. However, when a service member denies Article 15 (NJP) the commander is not required to send the service member to court martial. In the alternative, the commander can give the service member a formal counseling and/or send the matter to an administrative separation board.
3. The Right to a Hearing.
Individuals have the right to present their side of the story, call witnesses, and provide evidence.
4. The Right to Remain Silent.
Just like in civilian court, service members don’t have to incriminate themselves.
5. The Right to Appeal.
If the punishment seems unjust or disproportionate, service members can appeal the decision.
The Impact of Article 15 (NJP):
While it is intended for minor offenses, it’s essential not to underestimate its impact. The consequences can affect a service member’s current position, future promotions, and even their entire military career. An Article 15 (NJP) notation can remain in a service member’s record, influencing their reputation and opportunities within the military. Therefore, it’s crucial to take proceedings seriously and make informed decisions.
Conclusion:
Article 15 (NJP) is a vital part of maintaining discipline and order within the military. It allows commanders to address minor offenses promptly and proportionately. However, for the accused service member, understanding the implications, rights, and procedures associated is critical. If you’re facing an Article 15 (NJP), or just want to be prepared, educate yourself on the process, understand your rights, and consider seeking legal assistance to navigate the proceedings effectively. Remember, a well-informed service member is better equipped to handle the challenges and protect their career in the military.
It is imperative that service members consult with an attorney experienced in military law, prior to accepting or denying Article 15 (NJP). Stop by your local defense office for a consultation, or reach out to a civilian attorney experienced in military law.
Click the following link to schedule an in depth paid consultation:
Click following link for more information on the military defense offices at MCB
Camp Lejeune and MCB New River.
https://www.dso.marines.mil/Locations/RDC-Eastern-Region/MCB-Camp-Lejeune/
Click following link for more information on the military defense offices at Fort
liberty.
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