NON-JUDICIAL PUNISHMENT (NJP) AND ARTICLE 15 LAWYER

ARTICLE 15 – NON-JUDICIAL PUNISHMENT IN THE U.S. MILITARY
Understand the Process. Protect Your Record. Choose Your Path Wisely.

Being in uniform means being held accountable. That’s nothing new. But when your command moves forward with an Article 15, it becomes more than routine—it becomes formal. Under the Uniform Code of Military Justice, commanders can handle certain issues directly, without starting a court-martial. The procedure is meant to stay inside the chain of command, but what’s decided there can have long-term effects.

Different branches may give it different names, but the risk is the same: a mark on your record, pay you don’t recover, promotions that don’t come, or a separation packet that lands before you’re ready.

WHAT IS ARTICLE 15?

Article 15 gives commanding officers the option to respond to misconduct without sending the matter to trial. It’s not court, but it’s still formal discipline. Your rights are still in play—and so is your career.

Each branch uses its own term:

While the structure may shift, the core process and legal authority do not.

WHAT HAPPENS IN AN ARTICLE 15 PROCEEDING?

After notification, you’ll be provided with:

A formal summary of the charges
Supporting documentation
A copy of your Article 31 rights
The option to consult a military defense attorney
A choice: accept NJP or demand trial by court-martial

ARTICLE 15 IN ACTION: 3 COMMON SCENARIOS

Scenario 1 – Alcohol-Related Misconduct (Army E4):
An E4 receives a field grade Article 15 after returning late to base and failing a breathalyzer. After reviewing the evidence and speaking with legal counsel, the soldier accepts NJP, presents a written statement, and receives 45 days of extra duty and a suspended reduction in rank.

Scenario 2 – Insubordination Claim (Air Force E5):
An NCO is accused of disrespecting a superior via text. The Airman refuses NJP and elects trial by court-martial. During discovery, the messages are shown to be misinterpreted. The command drops charges after Article 32 hearing.

Scenario 3 – Uniform Violation (Marine Corps E3):
A Marine is called into office hours for repeat uniform infractions. No prior discipline exists. The Marine accepts NJP, appears with a legal advisor, offers explanation, and receives 7 days extra duty.

TYPES OF ARTICLE 15 AND ASSOCIATED PENALTIES

Type	Imposed By	Example Penalties
Summarized	Company Commander	14 days restriction or extra duty, verbal reprimand
Company Grade	O-3 or below	7 days forfeiture, 14 days restriction, 1 rank loss (E4-)
Field Grade	O-4 or higher	½ pay x 2 months, 60 days restriction, rank reduction

Rank affects outcomes. Repeat offenses raise the stakes. You need strategy early.

ACCEPT OR REFUSE? YOUR CALL—BUT MAKE IT STRATEGIC

Accepting NJP means:

Commander serves as judge
Proceedings remain internal
Lower punishment threshold
No formal criminal record

Refusing means:

You demand trial by court-martial
Government must meet higher burden of proof
More procedural rights
Greater risk—but sometimes, greater reward

Which path you choose depends on evidence, chain of command, past performance, and future plans. No decision should be made without input from a seasoned military lawyer.

ARTICLE 31 RIGHTS: SILENCE IS YOUR RIGHT—NOT A SIGN OF GUILT

Before you speak, pause. Under Article 31 of the UCMJ:

You cannot be forced to make a statement
You must be told you’re under investigation
Anything you say may be used against you
You have the right to legal counsel

A careless sentence, even with good intentions, can seal the result. Know your rights. Use them.

THE APPEAL PROCESS: FAST, TIGHT, AND HIGH STAKES

You usually have five calendar days to submit an appeal. It goes to the next higher commander.

Valid reasons for appeal include:

Punishment was unjust
Facts didn’t support findings
Your rights were violated

We help service members write appeals that command attention—not rejection.

FIELD GRADE VS COMPANY GRADE NJP – STRATEGY MATTERS

Company Grade (O-3 and below):

Less severe penalties
Typically used for first offenses
No significant administrative aftershock unless repeated

Field Grade (O-4 and above):

More severe punishment authority
Often precedes administrative separation board recommendations
Common with repeat infractions or poor chain-of-command relationships

If you're called into Field Grade NJP and already flagged, you're closer to separation than you may realize.

WHAT’S AT STAKE LONG-TERM?

NJP might not lead to a court-martial, but it still affects:

Promotion boards
School selection
Reenlistment eligibility
Security clearance
Evaluation narratives
Commander perception

One poorly managed Article 15 can stall everything you’ve worked for—before you even know it.

FREQUENTLY ASKED QUESTIONS (FAQ)

Q: Can NJP lead to separation?
Yes, especially with repeated offenses or a field grade finding.

Q: Can I bring a lawyer into the hearing?
Yes. You may request a military or civilian attorney to assist you.

Q: Will this go on my criminal record?
No. But it becomes part of your military service record.

Q: Can I speak during the hearing?
You can. But you’re not required to. Silence cannot be held against you.

WHY CHOOSE JOSEPH L. JORDAN?

Joseph Jordan has fought NJP cases worldwide—as a former JAG, officer, and soldier. He knows the process, the weaknesses in command behavior, and how to use NJP as a tactical defense point—not just damage control.

Whether you’re facing Article 15 for the first time or defending your rank from an administrative push, we’re ready to help you push back.

📞 DON’T ACCEPT ARTICLE 15 WITHOUT A PLAN
Call (866) 624-7503 to speak with military defense attorney Joseph L. Jordan. The hearing might be quick. The consequences won’t be. Let us help you respond with clarity—and force.