Article 15s: What you should know

Published July 29, 2008
By Area Defense Counsel
52nd Fighter Wing

SPANGDAHLEM AIR BASE, Germany -- When a commander initiates Nonjudicial Punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), it is simply the first step in determining whether a service member may have committed a crime under the UCMJ. By initiating this paperwork, the commander believes there is evidence the member committed a crime and that nonjudicial punishment is more appropriate than lesser administrative actions or trial by a court-martial.

The Manual for Courts-Martial and AFI 51-202 govern Article 15s. These laws and regulations provide general policy guidance and establish procedures from start to finish. Article 15s are ordinarily offered for less serious violations of the UCMJ. A commander initiates an Article 15 in one of two ways:

· Immediate commander takes action. If a commander serves the member with a Record of Nonjudicial Punishment Proceedings, AF Form 3070, then he or she will decide whether the member is guilty or innocent. If found guilty, the commander will then determine the type of punishment.

· Immediate commander recommends a high commander take action. Less frequently, a commander will serve the member with paperwork indicating that he or she will recommend to a higher commander, such as a wing commander or general officer, to take action. This approach is most frequently used where the offender is an officer in order to maximize the range of punishments. When an intermediate commander recommends Article 15 punishment, he or she serves only in an advisory capacity. The intermediate commander may perform other functions, such as receiving oral or written presentations on behalf of the higher commander.

Acceptance of the NJP action is NOT a "guilty plea." It is merely a choice of forum. By accepting the Article 15, the member is requesting that the commander be the judge and jury rather than proceeding to trial by court-martial. Most commanders are very open-minded to receiving additional evidence and/or a different side of the story. It is not inconsistent to accept an Article 15 and "plead" not guilty to the alleged offense(s).

During an NJP proceeding, the member has the following rights:

· To be represented by counsel, without charge, or civilian counsel at the member's expense.

· To examine all evidence available to the commander, unless privileged or restricted by law, regulation, or instruction.

· To present evidence on guilt/innocence, as well as evidence in extenuation or mitigation. This evidence may include items that show the commander that the member is not guilty of the alleged offense or perhaps other information, such as a financial statement, which help the commander in determining whether forfeitures should be imposed.

· To make a written statement and oral presentation to the commander. An oral presentation gives the member the opportunity to ensure the commander is aware of the most important evidence of innocence or mitigation.

· To appeal any punishment imposed by the immediate commander during an NJP proceeding.

In most cases, the potential punishment under Article 15 is much less than the potential punishment by court-martial. For example, Special Courts-Martial may adjudge a bad conduct discharge, confinement for one year, forfeiture of two-thirds pay per month for 12 months, and reduction to the grade of E-1, in addition to other related actions. On the other hand, the maximum punishment that can be imposed under Article 15 depends on the rank of the offender and the offender's commander. AFI 51-202, Tables 1 and 2 list the maximum punishments. Page 2 of the AF Form 3070 also lists the maximum punishments and is a good explanation of the Article 15 process.

The purpose of this article is to assist you in understanding these policies and procedures. You should use it only to educate yourself. It is not intended to answer all your questions, so be sure to discuss any matter thoroughly with the Area Defense Counsel and the Defense Paralegal. If you have any questions, please call us at DSN 452-6607.