Non- Judicial Punishment (Article 15)

Military Criminal Defense Attorney in Hawaii

Non-Judicial punishment (NJP), also referred to as Captain's Mast or Article 15, depending upon your branch of service, is a serious event in the life of any servicemember.  One important thing about NJP is that the servicemember has the option to reject the NJP and demand a court-martial.  It is a forum choice like any other, except that by accepting to submit to an NJP, the servicemember is agreeing to allow the commander to act as the judge jury and executioner.  It is also important to note that because the decision to accept or reject NJP is a forum choice, the commander is still expected to apply the highest standard or proof when deciding whether to believe the charges.  If you choose to accept the offer of the NJP process, which is not always advisable, this does NOT mean you accept guilt.  After accepting the NJP process, the servicemember still has the absolute right to present evidence and plead their case to the issuing commander explaining why they are not guilty or why they should not be punished.  NJP is perhaps the most widely misunderstood form of discipline under the UCMJ.  By accepting the forum for an NJP, you are not accepting that the commander is going to punish you.  You have a right to convince him otherwise.

Anyone facing NJP proceedings must be aware that the possible punishments are quite severe, ranging from loss of pay to restrictions and reduction in rank.  The amount of punishment that one can receive varies depending on their rank and the rank of the officer initiating the NJP action.  On top of the direct consequences, the servicemember also faces second and third order effects insofar as the NJP will likely trigger a referral evaluation report, or cause a mandatory unfavorable information file, or become the foundation for an administrative discharge action.  Too many servicemembers fail to grasp the severity of NJP, and for that reason they fail to procure proper representation in these proceedings.

Our rates for handling NJP actions are quite reasonable, and the initial consultation is free.  You have nothing to lose by contacting our office.  You have invested too much in your military career to allow it to be ruined by a single NJP action!