How Does Nonjudicial Punishment (NJP) Under Article 15 Operate as an Alternative to Court-Martial?
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Article 15 lets a commanding officer impose limited punishments for minor offenses “without the intervention of a court-martial” (Article 15(b)). Except for a member attached to or embarked in a vessel, the member may refuse by demanding trial by court-martial before punishment is imposed (Article 15(a)). The commander decides on a preponderance of the evidence (Manual Part V, ¶1.h), punishments are capped by the commander’s grade and the member’s status, the member may appeal within 5 days (¶7.d), and since December 20, 2024, unless military exigencies preclude it, the member has a right to consult counsel before deciding whether to accept NJP and about an appeal (Part V, ¶2A). NJP for a serious offense does not bar a later court-martial for it (Article 15(f)).
What counts as a minor offense
Whether an offense is minor depends on “the nature of the offense and the circumstances surrounding its commission; the offender’s age, rank, duty assignment, record and experience; and the maximum sentence imposable for the offense if tried by general court-martial.” Ordinarily it is one whose maximum “would not include a dishonorable discharge or confinement for longer than 1 year”. The decision is the commander’s, but NJP for an offense that is not minor “(even though thought by the commander to be minor) is not a bar to trial by court-martial for the same offense” (Part V, ¶1.e). NJP may not be imposed for an offense committed more than two years earlier unless the member knowingly and voluntarily waives the limit (¶1.f(4); Article 43(b)(3)).
The right to refuse
“Except in the case of a person attached to or embarked in a vessel, punishment may not be imposed under Article 15 upon any member of the armed forces who has, before the imposition of nonjudicial punishment, demanded trial by court-martial in lieu of nonjudicial punishment” (Part V, ¶3; Article 15(a)). Secretarial regulations may extend the right to persons aboard vessels. A person is “attached to” or “embarked in” a vessel if, when NJP is imposed, the person is assigned or attached to it, on board for passage, or assigned to an embarked staff or unit. Refusing NJP leaves the commander to drop the matter, take administrative action, or prefer charges, compared in administrative separation versus court-martial.
Counsel and the hearing
Counsel (since 2024). Executive Order 14130 added Part V, ¶2A: “Unless precluded by military exigencies, Servicemembers have the right to consult with counsel prior to the decision” whether to accept NJP, and “have a right to consult with counsel regarding an appeal”. The right “shall not unreasonably delay the proceedings.”
Personal appearance. A member who accepts NJP is entitled to appear personally before the NJP authority, absent unavailability or extraordinary circumstances. At the appearance, the member is entitled to Article 31(b) rights advice; to be accompanied by a spokesperson, unless the punishment will not exceed 14 days of extra duty, 14 days of restriction, and an oral reprimand; and to be informed of the information against the member (Part V, ¶4.c(1)). The spokesperson need not be a lawyer and may not question witnesses except as the commander allows.
Standard of proof. “The burden of proof to be utilized by commanders throughout the nonjudicial punishment process shall be a preponderance of the evidence.” Each element must be supported by a preponderance, a standard “more rigorous than a ‘probable cause’ standard … but a lower standard of proof than the ‘beyond a reasonable doubt’ standard used at a court-martial” (Part V, ¶1.h).
Maximum punishments (Article 15(b))
| Imposed by | On officers | On enlisted members |
|---|---|---|
| Any commanding officer | Restriction up to 30 consecutive days | Correctional custody up to 7 days; forfeiture of up to 7 days' pay; reduction one grade (if within the commander's promotion authority); extra duties up to 14 days; restriction up to 14 days; detention of up to 14 days' pay; confinement up to 3 days if attached to or embarked in a vessel |
| Officer of grade O-4 or above | (Same as above) | Correctional custody up to 30 days; forfeiture of up to one-half of one month's pay per month for two months; reduction to the lowest or any intermediate grade (no more than two grades for E-5 and above); extra duties up to 45 days; restriction up to 60 days; detention of up to one-half month's pay per month for three months |
| Officer exercising general court-martial jurisdiction, or general or flag officer in command | Arrest in quarters up to 30 days; forfeiture of up to one-half of one month's pay per month for two months; restriction up to 60 days; detention of up to one-half month's pay per month for three months | (As above for enlisted) |
Any commander may also impose admonition or reprimand. Arrest in quarters, confinement, correctional custody, extra duties, and restriction may not be combined consecutively at each one’s maximum without apportionment (Article 15(b)). Confinement “on bread and water or diminished rations” was removed from Article 15 by the Military Justice Act of 2016 (Cornell amendment note to § 815).
Suspension, mitigation, and appeal
Commander’s later action. The imposing officer or a successor may suspend, remit, mitigate, or set aside punishment, within limits on mitigating one punishment into another (Article 15(d)).
Appeal. A member who “considers his punishment unjust or disproportionate to the offense” may appeal to the next superior authority (Article 15(e)). The appeal must be submitted “within 5 days of imposition of punishment, or the right to appeal shall be waived in the absence of good cause shown”; if the appeal is not acted on within 5 days and the member asks, unexecuted restraint or extra duty is stayed until action (Part V, ¶7.d). For the heavier punishments listed in Article 15(e)(1)-(7), such as forfeiture of more than seven days’ pay or restriction over 14 days, the appellate authority must refer the case to a judge advocate for advice before acting.
NJP and a later court-martial
“The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article”, but the accused may show the earlier punishment, and the court-martial must consider it in sentencing (Article 15(f)). NJP is not a court-martial; a summary court-martial, by contrast, is a trial but “does not constitute a criminal conviction” (Article 20(b)); see what a summary court-martial is.
Sources
- 10 U.S.C. § 815, Article 15, Commanding officer’s non-judicial punishment, with 2016 amendment note (Cornell LII)
- 10 U.S.C. § 820, Article 20 (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part V, ¶¶ 1, 3, 4, 7
- Executive Order 14130, 2024 Amendments to the Manual for Courts-Martial, United States (December 20, 2024), 89 Fed. Reg. 105343 (govinfo), Annex § 4 (Part V, ¶2A)
This article is general information about military law, not legal advice for any individual case.