NON-JUDICIAL PUNISHMENT (NJP) - NAVY

NAVY ARTICLE 15 – WHAT TO EXPECT AT CAPTAIN’S MAST AND HOW TO RESPOND

Most issues in the Navy are handled long before they ever reach a courtroom. For minor offenses, a commanding officer may use Captain’s Mast instead of starting a court-martial. It’s a structured, internal process that’s been used across the fleet for years.

Captain’s Mast is handled under Article 15 of the UCMJ and follows procedures set out in the Manual for Courts-Martial. It gives the commanding officer the ability to address certain violations without going to trial. While it’s not a criminal charge, the outcome can still impact your career, from rank and pay to how your record looks down the line.

HOW CAPTAIN’S MAST WORKS

When NJP is being considered, the command must notify the Sailor in writing. This includes:

  • The nature of the alleged offense
  • Evidence being reviewed
  • Whether the Sailor is eligible to refuse NJP
  • Article 31 rights, including the right to remain silent and consult counsel

At Mast, the standard of proof isn’t “beyond a reasonable doubt.” Instead, the CO must believe it’s more likely than not that the misconduct occurred. This standard—called preponderance of evidence—makes preparation critical.

WHO CAN CONDUCT CAPTAIN’S MAST?

The authority to impose NJP generally lies with the commanding officer, but may also be delegated to:

  • An Officer in Charge (OIC) of a detachment
  • An Executive Officer (XO) if granted authority
  • A joint commander when Navy personnel serve in a mixed-branch unit

Still, upper command—such as flag officers—can place limits on who may conduct Mast or what punishments may be imposed. These restrictions help maintain consistency in how discipline is handled across commands.

IF YOU’RE ON A SHIP, YOUR RIGHTS MAY BE LIMITED

If you’re attached to a vessel, you generally cannot refuse Captain’s Mast. Discipline afloat must be swift, and NJP is the tool to make that possible. However, if you're stationed ashore or in a non-deployed environment, you may have the right to reject NJP and request court-martial instead.

Refusing Mast doesn’t make the case go away. Your CO may escalate the issue to a court-martial—or drop it. That’s why legal advice from a Navy Article 15 attorney is essential before making the call.

YOUR RIGHTS DURING MAST

No Sailor goes into Mast without rights. You’re entitled to:

  • Review the evidence against you
  • Bring someone to speak on your behalf
  • Appear in person before the CO
  • Present witnesses, documentation, or a written rebuttal
  • Remain silent and request legal representation

The CO must listen to everything you present and make a decision only after fully reviewing the case.

WHAT PENALTIES CAN BE GIVEN AT MAST?

Punishment at Mast depends on your paygrade and the CO’s rank. Penalties may include:

  • Restriction to ship or station (up to 60 days)
  • Confinement to quarters (up to 30 days)
  • Forfeiture of pay (up to ½ pay for 2 months)
  • Extra duty
  • Rank reduction (for E6 and below)
  • Correctional custody (for enlisted only)
  • Reprimand—oral or written
  • Confinement with reduced rations (rare)

Even if the punishment seems “administrative,” it can delay or derail your next promotion, reenlistment, or assignment.

CAN YOU APPEAL THE OUTCOME?

Yes. You have the right to appeal a Captain’s Mast decision within five calendar days. You can do this if:

  • The punishment is too severe
  • The procedure wasn’t followed
  • Your rights were violated
  • The evidence didn’t support the decision

Appeals are submitted in writing to the next higher commander. They can reduce or cancel the punishment—but cannot make it harsher.

If you didn’t have access to legal counsel before Mast, the NJP record cannot be used to increase punishment at a later court-martial (unless you were on a ship at the time of Mast).

WHY REPRESENTATION MATTERS

Too many Sailors believe Mast is just a formality. But what happens there can change your career—sometimes quietly, through paperwork that follows you into your evaluations and advancement boards.

A Captain’s Mast lawyer can:

  • Review the charge sheet and evidence
  • Help you decide whether to accept or refuse NJP
  • Prepare written responses or rebuttals
  • Attend the hearing with you, if allowed
  • Draft and submit an appeal
  • Protect your record and reputation before anything becomes permanent

LEARN HOW OTHER BRANCHES HANDLE NJP

Want to compare how the Army, Air Force, or Marine Corps handles non-judicial punishment? Visit our main NJP page to see how Article 15 works across the services.

📞 FACING MAST? DON’T GUESS—PREPARE.
Call 888-984-7706 to speak with a Navy Article 15 attorney. Captain’s Mast might happen fast—but the consequences can last. Joseph Jordan, Attorney at Law, is based out of the Fort Cavazos (Fort Hood) and Killeen, Texas area. He is an accomplished, experienced Criminal Defense Attorney who specializes in defending ALL service members against violations of the UCMJ. He believes in and seeks out Justice for Soldiers, Sailors, Coast Guardsmen, Airmen and Marines worldwide.

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.