Article 15 / NJP Guide: Your Rights, What to Accept, and How It Affects Your Record
Facing an Article 15? Know your rights before you sign anything. This guide covers the three types of NJP and their maximum punishments, your absolute right to demand court-martial and when to exercise it, how a DA 2627 affects your promotion and security clearance, your appeal rights, and exactly what to do in the next 24 hours.
Do these things right now
You have received paperwork. You can acknowledge receiving it. Do not explain what happened, provide context, or admit anything — to your chain of command, peers, or anyone else. Anything you say can be used in the proceedings or a subsequent court-martial.
TDS provides free legal defense to service members. This is not optional. Call them the same day you receive Article 15 paperwork. A TDS attorney will review your case, advise you on whether to accept or demand court-martial, and help you prepare your response. Do not sign anything before speaking with TDS.
You typically have a period of time (often 72 hours, but your specific timeline may vary) to decide whether to accept NJP or demand trial by court-martial. Use that time. Signing without advice is one of the most common mistakes. TDS can advise you on the deadline and how to request an extension if needed.
Peers can be called as witnesses. If you discuss the incident with them, they may be subpoenaed to testify about what you said. Keep the matter strictly between you and your attorney.
You have the right to know exactly what you are charged with. Request this in writing if you have not already received it. The specific UCMJ article alleged determines the maximum punishment at court-martial and the strength of the government's case.
Memory degrades quickly. Write a detailed account of everything you remember about the alleged incident — times, locations, people present, what was said, your state of mind, any extenuating circumstances. This is for your attorney's eyes only. Date it and keep it private.
What is Article 15 / Non-Judicial Punishment
Article 15 of the Uniform Code of Military Justice (UCMJ) authorizes commanding officers to impose punishment for minor offenses without referring the case to a court-martial. It is commonly called Non-Judicial Punishment (NJP), Captain's Mast (Navy/Coast Guard), or Office Hours (Marine Corps). The purpose is to allow commanders to address minor misconduct quickly, without the formality and severity of a criminal proceeding.
Key fact: NJP is NOT a criminal conviction. It does not create a federal criminal record. It does not appear on civilian background checks. It is an internal military administrative action — significant within the military, but categorically different from a court-martial conviction.
The commander's tool: NJP is entirely at the discretion of the imposing commander. They decide whether to offer NJP, what punishment to impose within the authorized maximums, and whether to accept or reject matters submitted in extenuation or mitigation. This discretion is also why the decision to accept or fight NJP depends heavily on reading your specific commander and situation — not just the law.
Three Types of NJP — Maximum Punishments
The type of NJP you receive is determined by the grade of the officer imposing it and your grade. Each type has different maximum punishments and different consequences for your official record.
Summarized NJP
The lowest form of NJP. Not permanently recorded in your official file. No pay forfeiture, no reduction in grade.
- →14 days extra duty
- →14 days restriction
- →Oral reprimand or admonition
- →NO reduction in grade
- →NO forfeiture of pay
Company Grade NJP
Creates a DA 2627 that goes in your restricted OMPF fiche. Can reduce grade for E-4 and below. Forfeiture of up to 7 days pay.
- →14 days arrest in quarters
- →21 days restriction
- →14 days extra duty
- →Forfeiture of 7 days pay
- →Reduction one grade (E-4 and below)
- →Written reprimand or admonition
Field Grade NJP
The most severe NJP. Can reduce an E-6 to E-1. Two months of half pay forfeiture. 60 days restriction. Always consult TDS before accepting field grade.
- →60 days arrest in quarters
- →60 days restriction
- →45 days extra duty
- →Forfeiture of half pay for 2 months
- →Reduction to E-1 (if E-6 or below)
- →Written reprimand or admonition
Your Absolute Right to Demand Court-Martial
This is the most important right you have in the NJP process. Use it wisely.
In the Army, Navy, Air Force, and Space Force, you have an absolute right to demand trial by court-martial instead of accepting Article 15 / NJP. Your commander cannot deny this right. If you invoke it, the NJP proceedings stop, and the commander must either drop the matter or refer it to a court-martial.
Marine Corps and Coast Guard: The same right exists, with one statutory exception: if you are embarked on a vessel or the United States is in a declared state of war, you may not have the right to refuse NJP. Consult TDS for your specific circumstances.
What demanding court-martial means: You are choosing to have your case decided in a formal military court. The burden of proof is beyond reasonable doubt — significantly higher than the commander's judgment standard at NJP. You are entitled to counsel, to present evidence, and to cross-examine witnesses. You have due process protections that do not exist at NJP.
Accept vs. Demand Court-Martial — The Calculus
This is not a simple decision. It depends on the strength of the evidence, the seriousness of the charge, your personal situation, and your relationship with your command. Here is the framework — but make this decision with TDS, not alone.
- →You did what they say you did, and the evidence is solid
- →The charge is relatively minor (missed formation, minor UCMJ violation)
- →A court-martial conviction for the same conduct would end your career permanently
- →The commander is being reasonable about punishment and you have good mitigation to present
- →Your record is otherwise clean and this is an isolated incident
- →You are innocent and there is evidence to support that
- →The government's evidence is weak or based primarily on one witness
- →The charge is serious (assault, sexual misconduct, DUI) — court-martial gives you jury protection
- →Your TDS attorney advises you to after reviewing the case
- →The commander is clearly using NJP punitively, beyond what the conduct warrants
How an Article 15 Affects Your Record
The impact varies significantly by NJP type. Summarized NJP leaves almost no trace. Field grade NJP can define — or end — a military career.
Official Military Personnel File (OMPF)
Federal Criminal Record
Security Clearance
Promotion Boards
Re-enlistment
After NJP — Appeals, Removal, and Moving Forward
Accepting punishment is not necessarily the end. You have rights after NJP that most service members don't use because they don't know about them.
Appeal Rights — 5 Calendar Days
After punishment is imposed, you have 5 calendar days to submit a written appeal to the next higher commander. The appeal must explain why the punishment was unjust (wrong, excessive, or based on insufficient evidence). If a reduction in grade was imposed, the appeal is automatic — the next higher commander must review it regardless. An approved appeal can reduce or completely set aside the punishment.
Expungement — After 2 Years with Clean Record
If you maintain a clean military record for 2 years after the NJP, you can request that the DA 2627 be removed from your restricted OMPF fiche. The request is submitted through your chain of command to the appropriate records authority. Approval is discretionary — it is not guaranteed — but soldiers with genuinely clean subsequent records and legitimate extenuating circumstances for the original offense have the best chance.
Flag Lifted After Punishment Is Served
The flagging action placed on your record at the start of NJP proceedings is lifted once the proceedings conclude and punishment is served. Once the flag lifts, normal military actions — promotions, awards, schools, reenlistment — can resume. The lift is not automatic in all systems; confirm with your personnel officer that the flag has been officially removed.
Reenlistment Eligibility
A single NJP does not automatically disqualify you from reenlistment. Your reenlistment eligibility is assessed holistically at ETS. The RE code assigned at separation is what determines civilian and military eligibility going forward. A pattern of NJPs — or a particularly serious one — is more likely to affect your RE code. Talk to your Career Counselor about how your NJP history will be characterized.
Security Clearance Disclosure
If you hold a security clearance, NJP must be disclosed on your next SF-86 or periodic reinvestigation. The underlying conduct is adjudicated, not just the NJP itself. Be honest, provide context, and document what you have done to address the circumstances that led to the NJP. Most single NJPs for minor offenses are manageable in the clearance context — especially if there is documented rehabilitation.
Frequently Asked Questions
The questions that come up most — answered directly.
Can I refuse an Article 15 / NJP?
Yes. In the Army, Navy, and Air Force, you have an absolute right to demand trial by court-martial instead of accepting NJP. The Marine Corps and Coast Guard are the same, with one exception: if you are embarked on a vessel or the US is in a declared war, you may not be able to refuse. This right applies to all enlisted service members. Officers have more complex rights depending on circumstances — consult TDS immediately if you are an officer facing NJP.
Will an Article 15 show up on a background check?
No. Article 15 / NJP is not a criminal conviction and does not appear on civilian federal background checks. It is an internal military administrative proceeding. The DA Form 2627 (for company grade and field grade) is filed in the restricted section of your military personnel file, which is not accessible to civilian employers or law enforcement. It is, however, visible to military promotion boards.
Can I appeal an Article 15 punishment?
Yes. You have 5 calendar days after punishment is imposed to appeal to the next higher commander. The appeal is automatic if a reduction in grade was imposed. To appeal, you submit a written request through your chain to the next higher commander, explaining why the punishment was unjust, excessive, or based on insufficient evidence. Your TDS attorney can help draft a strong appeal. If the appeal is granted, punishment can be reduced or set aside entirely.
How does an Article 15 affect my promotion?
For enlisted service members, the DA Form 2627 is filed in the restricted fiche of your OMPF, which promotion boards can access. Even a single NJP is viewed negatively by most boards. The impact depends on the board's culture, the seriousness of the offense, how long ago it occurred, and the strength of the rest of your record. Summarized NJP creates no OMPF record and has no direct promotion impact. An NJP that gets moved from restricted to performance fiche (due to a second offense) is more damaging — all boards at all levels can see it.
Can an Article 15 be removed from my record?
Yes, but it is not guaranteed. After 2 years with a clean record following the NJP, you can request that the DA 2627 be removed from your restricted OMPF fiche. The request goes to the appropriate records authority. Approval is discretionary — it is not automatic. Soldiers who have genuinely rehabilitated and maintained a clean record for the subsequent years are the most likely to succeed. An attorney can help draft a removal request.
What happens to my pay during and after an Article 15?
During the NJP process, a flagging action is placed on your record — this does not by itself affect your pay. If punishment includes pay forfeiture, the deduction appears on your LES for the relevant pay periods. For company grade, up to 7 days pay can be forfeited. For field grade, up to half pay for 2 months. Forfeited pay is lost — it is not deferred or repaid. A reduction in grade also immediately affects your pay grade and corresponding basic pay.
Is TDS (Trial Defense Service) really free?
Yes. Trial Defense Service is a free, independent legal defense service for service members. TDS attorneys are JAG officers who work exclusively on defense — they do not work for the prosecution or the command. Their loyalty is to you as their client. Call them immediately when you receive Article 15 paperwork. They are not just for courts-martial — they advise on NJP acceptance decisions, help prepare responses, and draft appeals.
What is a flagging action and how long does it last?
A flag (DA Form 268) is placed on your military record when adverse action is initiated, including Article 15 proceedings. While flagged, you cannot be promoted, reenlist, attend most military schools, receive awards, or take on certain assignments. The flag is lifted when the NJP process concludes — either when you accept and complete the punishment, or when proceedings end without punishment. A flag during an investigation is separate from the NJP itself and may be placed earlier, as soon as the investigation begins.
Official Resources
Other legal and career guides
This guide provides general educational information about Article 15 / Non-Judicial Punishment only. It is not legal advice and does not establish an attorney-client relationship. If you have received Article 15 paperwork, contact Trial Defense Service (TDS) or your installation Legal Assistance Office immediately. Do not sign anything before speaking with an attorney.