Article 15 / NJP Defense

Article 15, UCMJ—also called Nonjudicial Punishment (NJP)—allows a commander to impose punishment without a court-martial. In the Navy and Coast Guard this process is commonly known as Captain’s Mast (or Admiral’s Mast), and in the Marine Corps as Office Hours.

Although NJP is often described as “minor,” the consequences can be significant and long-lasting. How you respond—especially at the very beginning—can determine whether the matter ends quietly or escalates into a court-martial or administrative discharge.

Our firm regularly represents service members worldwide at NJP. Early involvement matters.

NJP Is Not a Criminal Conviction — But It Still Matters

An Article 15 is not a criminal conviction. It is an administrative disciplinary action. However, NJP frequently follows an investigation by a military criminal investigative organization (CID, NCIS, OSI, CGIS).

As a result:

• There may still be an arrest or investigation record in federal databases.
• Inaccurate reporting can cause an Article 15 to appear as a “conviction” during background checks.
• This can affect civilian employment, security clearances, and licensing.

There is a process to correct inaccurate records—but it must be done properly and proactively. We routinely assist clients with this.

Statute of Limitations: Two Years — Sometimes Waived

Generally, NJP cannot be imposed more than two years after the alleged misconduct. However, in certain situations—particularly where the alleged offense could otherwise be referred to a court-martial—waiving the statute of limitations may be strategically advisable.

This is not a decision to make lightly. The risks and benefits must be evaluated based on:

• The evidence
• The likely punishment at NJP
• The exposure at court-martial

We strongly recommend speaking with experienced civilian defense counsel before making this decision.

The NJP Process Begins With Notification

The process starts when you are formally notified of the commander’s intent to impose NJP. In the Army and Air Force this is often called the “first reading.”

At this stage, you are entitled to:

• Written notice of the alleged offenses
• An explanation of your rights
• Time to prepare your response
• Access to the evidence the commander will rely upon

These rights come directly from the Manual for Courts-Martial. Unfortunately, they are not always fully honored unless counsel is involved.

Off-Duty and Off-Base Conduct Can Still Be Punished

Just like at a court-martial, NJP can be imposed for:

• Off-duty conduct
• Off-base conduct
• Conduct while out of uniform

The key issue is whether the commander can establish an offense under the UCMJ and military jurisdiction. Many cases fail at this step when properly challenged.

You Have the Right to Refuse NJP — But It’s Risky

One of your most important rights is the ability to refuse NJP (except under certain circumstances in the Navy).

If you refuse Captain’s Mast or Article 15, the commander may:

• Dismiss the allegations
• Issue a warning
• Refer the case to court-martial
• Initiate administrative separation proceedings

This decision should never be made reflexively. In many cases, refusing NJP leads to:

• A deeper investigation
• Additional witnesses
• Discovery of more serious allegations

We have seen cases where refusing Mast over a minor, defensible allegation resulted in far greater exposure at court-martial.

Strategic advice at this stage is critical.

Possible Punishments at NJP

Punishments are limited by law and by the ranks of both the commander and the service member. They may include:

• Reduction in rank
• Forfeitures of pay
• Extra duty (often up to three hours after the normal duty day)
• Restriction

In many cases, all or part of the punishment may be suspended for up to six months—particularly for first-time offenders or where leadership support exists.

What NJP 

Cannot

 Do

• Liberty risk is not an authorized punishment under Article 15
• Administrative discharge is not a punishment, though commanders often announce separation processing alongside NJP

Preparing a Defense Package for the Commander

We frequently assist service members in preparing a written NJP submission package, which may include:

• Legal arguments explaining why no UCMJ offense occurred
• Challenges to jurisdiction or proof
• Character letters and leadership support
• Evidence of exceptional duty performance
• Mitigation and extenuation materials

A well-prepared package can make the difference between dismissal, leniency, or suspension of punishment.

Appealing an Article 15

If punishment is imposed, you have the right to appeal.

Key points:

• Appeals generally must be submitted within five days
• Restriction and extra duty are stayed while the appeal is pending
• Appeals may be based on:
  • Innocence / unjust punishment
  • Punishment being disproportionate or excessive

We regularly prepare detailed appeal packages tailored to the reviewing authority.

Set-Aside and Remission: A Powerful but Overlooked Remedy

Even after punishment is imposed, relief may still be available.

Two important post-punishment options are:

• Set-aside (erasing the punishment entirely)
• Remission (reducing or canceling remaining punishment)

These requests are typically strongest when filed within four months of punishment, but compelling cases may succeed later. As former staff judge advocates, we have successfully recommended set-asides in truly meritorious cases.

Talk to Civilian Defense Counsel Early

NJP may seem informal—but the consequences are real. Early legal advice can:

• Prevent escalation to court-martial
• Protect your record and career
• Preserve options for appeal and set-aside

If you are facing Article 15, Captain’s Mast, or Office Hours anywhere in the world, contact us before making decisions that cannot be undone.