NON-JUDICIAL PUNISHMENT (NJP) IN THE AIR FORCE

AIR FORCE ARTICLE 15 LAWYER – FACING NJP? KNOW YOUR OPTIONS.

When an airman is accused of a lesser offense, commanders in the Air Force have the option to address it within the unit rather than take it to court. They do this through a process called non-judicial punishment—better known as Article 15. While it's not a trial, the outcome still has weight. It can affect your rank, pay, and standing in the unit.

Air Force NJP proceedings are carried out under AFI 51-202 and Part V of the Manual for Courts-Martial (MCM). These rules let commanders handle disciplinary issues internally. That discretion gives them speed—but also broad authority. And once the paperwork is signed, it becomes part of your service record.

WHAT HAPPENS WHEN YOU’RE OFFERED ARTICLE 15?

You’ll receive written notification outlining the offense, evidence, and your rights. From there, the clock starts. As an airman, you have three duty days to decide how to respond.

Your options:

  • Accept NJP and appear before your commander
  • Refuse and demand a trial by court-martial (unless deployed or restricted under special conditions)

If you accept, the process moves forward as an internal hearing. You can appear with legal counsel, submit written statements, speak, remain silent, or present witnesses. The commander hears both sides, weighs the evidence, and imposes punishment if they find the offense occurred.

SHOULD YOU REFUSE ARTICLE 15 IN THE AIR FORCE?

That depends on your situation. Refusing NJP takes the matter out of your unit and into the court-martial system. The standard of proof becomes higher, and your legal rights increase—but so do the risks.

Reasons airmen sometimes refuse:

  • The charge is weak or based on hearsay
  • The command relationship is already strained
  • The long-term risk of NJP outweighs short-term court-martial exposure

Reasons airmen accept:

  • Command is reasonable, outcome predictable
  • You want the matter resolved quickly
  • The offense doesn’t threaten long-term consequences

Before you decide, speak with an experienced Air Force Article 15 attorney. This is not a decision to make based on instinct or command pressure.

COMMON ARTICLE 15 PENALTIES IN THE AIR FORCE

Penalties depend on your rank and your commander’s authority level. Here’s what’s typical for enlisted airmen (E4 and below):

Commander Level Example Penalties
Summarized 14 days restriction, extra duty, verbal admonishment
Company Grade (O-3) 7 days pay forfeiture, 14 days restriction, 1 rank loss
Field Grade (O-4 or above) ½ pay x 2 months, 60 days restriction, 1+ rank loss

E5 and above may face limits on rank reduction, but forfeiture and restriction penalties still apply. These punishments can also impact future promotions, re-enlistment, and even clearance renewals.

RIGHTS DURING AIR FORCE NJP PROCEEDINGS

Under Article 31, no airman is required to make a statement before being informed:

  • That they are suspected of misconduct
  • Of the nature of the offense
  • That they may remain silent
  • That they can speak with a lawyer

Commanders must respect these rights. If they don’t, any statement made—or punishment imposed—may be open to appeal.

HOW TO APPEAL ARTICLE 15 IN THE AIR FORCE

Once NJP is imposed, airmen have five calendar days to submit a written appeal. The appeal is reviewed by the next higher command.

A successful appeal must show:

  • The punishment was unjust or excessive
  • The process was flawed
  • Rights were ignored or evidence lacked support

We help airmen build appeals that are grounded in regulation, fact, and legal structure—not emotion. If you're wondering can an airman appeal NJP, the answer is yes—but it needs to be done correctly.

WHY REPRESENTATION MATTERS DURING AIR FORCE NJP

Too often, airmen accept Article 15 without understanding what’s at stake. NJP might seem informal, but its impact can last:

  • EPRs may reflect the punishment
  • Re-enlistment may be denied
  • Special duty assignments may be blocked
  • Security clearance may be delayed or denied
  • Repeated NJPs may trigger administrative separation

Whether you accept or refuse, preparation changes everything. A written rebuttal, supporting statements, and counsel at the hearing can shape the outcome before it’s final.

WHY CHOOSE JOSEPH L. JORDAN AS YOUR AIR FORCE NJP ATTORNEY

Joseph Jordan is a former Army JAG who has defended military clients worldwide—including airmen from every command. He understands how AFI 51-202 is applied, and where command discretion can be challenged.

He’s represented clients in:

  • Rank reduction appeals
  • Rebuttals before field grade commanders
  • Wrongful urinalysis allegations
  • NJP cases in deployed and stateside environments

We don’t just respond—we get in front of the process and give you a plan.

Looking to compare NJP across branches?
Visit our main NJP page for an overview of how non-judicial punishment works in each service.

📞 CALL BEFORE YOU SIGN ANYTHING
Call (866) 624-7503 to speak with an Air Force Article 15 lawyer. Whether you’re under investigation or already facing NJP, we’re ready to help you protect your record—and your future.

We Are Committed to Serving You

Joseph L. Jordan is a UCMJ lawyer who travels around the globe to represent service members in military criminal defense matters. He is an accomplished, experienced military attorney who specializes in defending ALL service members against violations of the UCMJ.