Article 15: Non-Judicial Punishment Penalties

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

Your Rights at an Article 15 Hearing

Before deciding how to proceed, you have the right to:

  • Review the evidence the command intends to rely on
  • Consult with an attorney before deciding whether to accept the NJP
  • Present matters in defense, extenuation, or mitigation, including calling witnesses
  • Have a spokesperson present at the hearing
  • Request an open hearing rather than a closed one, in most cases
  • Should You Accept or Refuse the NJP?

Since an Office Hours, Mast, Article 15, or Non-judicial Punishment hearing is a more informal internal proceeding, you may decide it’s in your best interest to resolve the matter at that level. In most cases, enlisted members not attached to or embarked on a vessel have the right to refuse NJP and demand trial by court-martial instead. Officers generally do not have this same right to demand a court-martial in lieu of NJP.

If you accept the NJP, you give up your right to a trial by court-martial for that offense, and your commander effectively acts as judge and jury over the case. Whether you accept or refuse, both paths require you and your attorney to gather facts, evidence, and witness statements to build the strongest possible position.

Appealing an Article 15

If NJP is imposed, you generally have the right to appeal to the next superior authority in your chain of command. An appeal is typically due within a short window — often 5 calendar days from the date punishment is imposed, though this can sometimes be extended for good cause. An appeal usually argues the punishment was unjust or disproportionate to the offense. Filing an appeal does not automatically stay any punishment already being served.

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