Article 15: Non-Judicial Punishment Penalties

Non-judicial Punishment (NJP) refers to certain limited punishments which can be awarded for minor disciplinary offenses by a commanding officer or officer in charge to members of his or her command. In the Marine Corps, the process is called “Office Hours.” In the Army and Air Force, it is referred to as an “Article 15.” In the Navy and Coast Guard, nonjudicial punishment proceedings are referred to as “Captain’s Mast.”

Article 15, of the Uniform Code of Military Justice, (UCMJ), and Part V of the Manual for Courts-Martial, constitute the basic law concerning Non-judicial punishment procedures.

In the Army and Air Force, non-judicial punishment can only be imposed by a commanding officer. That means an officer who is on actual orders, designating them as a “commander.” In the Navy and Marine Corps, Non-judicial punishment may be imposed by an “Officer in Charge.” The Term “Officer in Charge” does not mean an “OIC,” as a “job title,” but rather a specific officer where the flag officer holding general court-martial authority designates the office as the “officer in charge.”

Maximum penalties depend on the rank of the accused and that of the officer imposing punishment:

For Officers Accused of Misconduct

If the officer imposing punishment holds General Court Martial authority, or if the commanding officer of the grade O-7 or greater

Arrest in quarters: not more than 30 days
Restriction to limits: not more than 60 days
Forfeiture of pay: not more than ½ of one month’s base pay for two months (base pay does not include allowances or special pay)
Admonition or reprimand

By Commanding Officers: Grades O-4 to O-6

Restriction to limits: not more than 30 days
Admonition or reprimand

By Commanding Officers: Grades O-1 to O-3

Restriction to limits: not more than 15 days
Admonition or reprimand

By Officers In Charge (OIC)

No Non-judicial Punishment authority over officers

For Enlisted Members Accused Of Misconduct

There are three types of Non-judicial punishment commonly imposed.

Summary Article 15: commanders (O-3 and below) and commissioned OIC may impose:

Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for not more than 14 days
Extra duties, including fatigue or other duties, for not more than 14 days
Restriction with extra duties for not more than 14 days

Company Grade (O-3 or below) commanders may impose the above plus:

Correctional Custody for not more than 7 days (only if accused is in the grades E-3 and below)
Forfeiture of 7 days base pay
Reduction by one grade, if original rank in promotion authority of imposing officer (USA/USAF E-4 and below.)
Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
Admonition or reprimand, either written or verbal

Field Grade (O-4 to O-6) may impose:

Restriction for not more than 60 days
Extra duties for not more than 45 days
Restriction with extra duties for not more than 45 days
Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
Forfeiture of ½ of base pay for two months
Reduction by one grade if (USA/USAF E-6 or E-5; USMC E-5 or below; USN E-6 or below); or reduction to E-1 (USA/USAF E-4 to E-2)
Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
Admonition or reprimand, either written or verbal

Remember, You can Accept the NJP or Reject the NJP

Since an Office Hours, Mast, Article 15 or Non-judicial Punishment hearing is a more informal internal hearing, you may decide that it is in your best interest to resolve the misconduct or infraction at that level. You can accept the NJP or reject the NJP and request a Courts Martial. Should you choose to accept the NJP, you will no longer have the right to a trial by Courts Martial. If you choose to accept the NJP, you essentially allow your commander to act as judge and jury over your Non-judicial punishment case.

Whether you choose to accept or reject the Non-judicial Punishment and request a formal Courts Martial, both choices will require you and/or you attorney to gather facts, evidence, supportive statements, and witnesses to prepare a defense.