“NJP”, “Article 15”, or “Captain’s Mast” – Know Your Rights

The UCMJ Article 15: Non-Judicial Punishment (NJP) is a disciplinary process that allows commanders to address minor offenses committed by service members. This process is known by different names depending on the branch of the military. In the U.S. Army and U.S. Air Force, it is referred to as Article 15. The Marine Corps calls it Office Hours. The U.S. Navy and U.S. Coast Guard call it Captain’s Mast. Regardless of the name, the purpose of NJP is to discipline service members for minor offenses such as being late for duty, petty theft, damaging government property, sleeping on watch, providing false information, and disobeying orders.

The terms Captain’s Mast and Office Hours refer to Article 15, UCMJ, hearings. Nonjudicial punishment is a term that describes the punishment imposed at the conclusion of an Article 15, UCMJ, hearing. 

Servicemembers have the right to refuse Article 15 and request their case be tried before a court-martial. Servicemembers have up until the time their punishment is announced to make this refusal.  Otherwise, they will no longer have the right to a trial by court-martial.

If a servicemember accepts Article 15, then they are essentially allowing their commander to act as judge and jury for the allegations and will more than likely be found guilty.   Unlike a court-martial, the rules of evidence do not apply at Article 15.  Likewise, the burden of proof at Article 15 is a “preponderance of the evidence”.  That means if the commander believes the evidence is 51% against you, you will be found guilty.   At a court-martial, the burden of proof is proof “beyond a reasonable doubt” which is much higher than a “preponderance of the evidence”. 

It is important to note that servicemembers have different rights to counsel depending on their branch. Air Force personnel have an absolute right to consult with a defense counsel (including a civilian lawyer at their own expense) prior to determining whether to accept Article 15 proceedings or demand a trial by court-martial. Army personnel have the right to consult with a defense counsel (including a civilian lawyer at their own expense), except when the commander is utilizing a Summarized Article 15 Proceeding. Marine Corps, Navy, and Coast Guard personnel do not have a right to consult with counsel prior to Article 15, but most commands encourage consultation with counsel if time and operations permit. any commanders from various posts do encourage consultation with counsel if time delays and other considerations are not unduly affected.

Rights During Article 15 Proceedings

When facing Article 15, servicemembers have certain rights they should be aware of. These rights include:

• The right to refuse Article 15 unless attached to or embarked on a vessel, as outlined in Article 15 of the Uniform Code of Military Justice (UCMJ).
• The right to consult with an independent attorney.
• The right to appear personally before the commanding officer (CO) or officer in charge (OIC).
• The right to be informed of your rights under Article 31b of the UCMJ.
• The right to have a spokesperson present to speak on your behalf (Note: a spokesperson is different from a witness).
• The right to be informed of the evidence against you regarding the offense.
• The right to examine all evidence that the CO will rely on in deciding the Article 15.
• The right to present matters in defense, extenuation and/or mitigation, either orally, in writing or both.
• The right to have witnesses present, with the accused generally being responsible for arranging their attendance.

Note: Captain’s mast/office hours is not a criminal trial; it is a disciplinary proceeding. Its purpose is to determine whether an offense was committed by the member and, if appropriate, to provide punishment therefore. Such punishment is designed for minor misconduct in a nonjudicial forum, without a record of “federal conviction.” As such, the standard of proof by which facts must be established at mast or office hours is a “preponderance of the evidence,” rather than “beyond a reasonable doubt,” as it is at courts-martial.

Rights to Legal Advice and Assistance

Even if a servicemember does not have the right to an attorney to represent them during the Article 15 process, they usually have the right to seek legal advice and have a private military lawyer assist them with case preparation for the proceeding.  

A private military attorney can review the evidence supporting Article 15, conduct an investigation, and contact any witnesses. They can then advise the servicemember on their options based on the strength of the evidence and any potential defenses that might apply.  If the servicemember chooses to accept Article 15, the lawyer can help with case preparation.  

If the servicemember refuses to accept Article 15 and seeks a court-martial, the lawyer will already have a good start on the defense case.