"What do you mean there is no hearing, the [sister service] always has one."

-- Civilian Defense Counsel

​

What is Nonjudicial Punishment (NJP)?

Whether called Article 15 or NJP (Army/Air Force/Space Force), Captain's Mast (Navy/Coast Guard), or Office Hours (Marine Corps), NJP is a disciplinary action used by the military to address minor offenses without the need for a court-martial. Tracing its earliest roots to the days of George Washington, NJP allows commanders to quickly discipline service members for misconduct while avoiding the formalities of a criminal trial. But, the speed often comes at the cost of real due process. That can be a pretty high cost.

​

Though it is always good practice to ask about the lawyer's experience with your issue during your consultation, it can be even more necessary for a NJP case. The process is not consistent across the services.

​

The General Process

1. Notification: The service member is notified of the alleged misconduct and the commander’s intention to impose NJP. The service member is given three duty days to consult a lawyer and prepare a response. He or she can accept the offer, or turn down the NJP and demand trial by court-martial. 
   
   This works differently depending on the individual service. For example, the Air Force runs everything through the Staff Judge Advocate (SJA) office. If your commander offers you a NJP, the SJA office has reviewed the Report of Investigation (ROI) and aggressively pressured the commander to issue the offer within a specific timeframe from the "date of discovery" of the alleged offense.
   
   Army officers I interacted with, on the other hand, recoiled at this. "It's a commander's program," one said. "JAG isn't even notified until the process is complete." 
    

2. Hearing: Now, here is where things get tricky.
   
   The statute says the service member can present his or her case during a hearing. They can provide evidence, call witnesses, and make arguments in their defense. The hearing is less formal than a court-martial, and the commander acts as the judge.
   
   That's how the Navy does it (mostly). Not the Air Force. In that service, you have three duty days to provide your decision, written response, and any evidence. You can request a "personal appearance," but that is just an opportunity to make a verbal statement to the issuing commander.
    

3. Decision: After hearing both sides, or reviewing the response, the commander decides whether the service member is guilty of the offense and, if so, what punishment to impose.

​

Examples of Potential Punishments

Unlike a court-martial, there is no required legal standard to find a service member to have committed the offense. Some services' regulations recommend using "beyond a reasonable doubt," but that isn't always required. If found "guilty," some potential punishments can include:
 

• Reduction in Rank: The size of the reduction varies by rank, and only for enlisted.
   

• Forfeiture of Pay: The commander may order the service member to forfeit part of their pay for a specified period.
   

• Extra Duty: The service member may be assigned extra duties for a certain number of days.
   

• Restriction: The service member may be restricted to a certain area, such as their base, for a set period.
   

• Reprimand: The service member will almost always receive a formal reprimand, which can impact his or her future career.

​

There are other potential punishments, and some, like bread and water, are now prohibited. But, these are the common ones. 

​

Appealing NJP

If you accept NJP, and are found "guilty," there is an appeal process. You will be allowed five days to decide and submit your appeal. If the imposing commander denies it, the appeal moves up to the next highest commander in the chain of command. 

​​

Experience Matters

NJP is serious. It should not be taken lightly. Not only can the punishments themselves severely impact a career, in some services, one piece of administrative paperwork and a NJP amounts to enough progressive discipline to initiate a discharge. The right lawyer with experience with nonjudicial punishment across the services can provide the guidance and support needed to navigate the process and fight back.