Guides · Legal & Rights
Article 15 / NJP — Maximum Punishments, Explained
The maximum punishment at an Article 15 depends on the imposing commander's grade — Summarized, Company-grade, or Field-grade — and your pay grade; Field-grade authorizes the most.
Nonjudicial punishment — Article 15 in the Army and Air Force, “Captain's Mast” in the Navy, “office hours” in the Marines — is a commander's tool for handling minor misconduct without a court-martial. It is not a court. There's no judge, no conviction on your record in the civilian sense, and a lower burden of proof. That cuts both ways: it's faster and lighter, but the commander who runs it is also the one deciding whether you did it.
This guide explains how the punishment ceilings are built, who can hit you with what, and the rights you have at every step — including the right to say no. The numbers below track the Manual for Courts-Martial (MCM) Part V and Army Regulation 27-10. The regulation always controls; confirm current limits before you make a decision.
In This Guide
SEC 1Summarized, Company-grade, Field-grade — what each one can impose.
The Three Tiers (At a Glance)
The Maximum-Punishment Matrix
Maximums for enlisted members, per the MCM Part V / AR 27-10 — confirm current limits in the regulation. Each tier is a ceiling, not a script: a commander can impose any combination up to these limits, or far less.
| Tier | Imposing Authority | Extra Duty | Restriction | Forfeiture | Reduction | Corr. Custody |
|---|---|---|---|---|---|---|
| Summarized | Company-grade commander (O-3 and below), as a low-level proceeding | 14 days | 14 days | None | None | None |
| Company-grade | Company / detachment commander, O-3 (captain) and below | 14 days | 14 days | 7 days' pay | One grade (E-4 and below only) | 7 days (E-3 and below) |
| Field-grade | Battalion / brigade commander, O-4 (major) and above | 45 days | 60 days (45 if combined w/ extra duty) | ½ of one month's pay for 2 months | One or more grades (E-4 & below); one grade (E-5/E-6) | 30 days (E-3 and below) |
⚠ Watch OutThese are Army (AR 27-10) figures, which closely mirror the MCM Part V framework all services share. The Navy and Marine Corps use the same tiers with their own terminology and a few service-specific limits (e.g., bread-and-water provisions long since restricted). Always confirm your service's current regulation — limits get revised.
SEC 2A commander's tool, not a court — and why that matters.
What NJP Actually Is
Nonjudicial, On Purpose
Article 15 of the Uniform Code of Military Justice (10 U.S.C. § 815) lets a commander punish minor misconduct without sending you to a court-martial. The whole point is speed and proportionality: the system would grind to a halt if every missed formation or disrespect charge became a federal trial. So commanders get a limited, capped set of punishments they can impose on their own authority.
The Burden of Proof Is Lower
A court-martial has to prove guilt beyond a reasonable doubt — the highest standard in the law. An Article 15 only requires the commander to be convinced by a preponderance of the evidence — basically, more likely than not. That lower bar is exactly why the right to refuse NJP and demand a court-martial exists. You're trading a tougher fight for a tougher standard of proof.
It Is Not a Civilian Conviction
An Article 15 is an administrative-disciplinary action, not a criminal conviction in the civilian sense. It won't show up as a felony on a background check. But don't shrug it off: it goes in your record (locally or permanently depending on tier and rank), it can tank a promotion, trigger a bar to reenlistment, or feed a later separation board. The paperwork outlives the extra duty.
★ NoteWhere the Article 15 gets filed — your local unit file versus your permanent record (the OMPF/AMHRR) — often depends on your rank and the tier. That filing decision can matter more to your career than the punishment itself. Ask your defense counsel where this one lands.
SEC 3Two dials set the ceiling: the commander's grade and your grade.
How the Maximum Scales
Dial One — The Commander's Grade
The single biggest factor in how hard an Article 15 can hit is the rank of the commander who imposes it. A company commander (O-3 and below) is capped at the company-grade limits. A field-grade commander (O-4 and above) can reach the much higher field-grade limits. Same misconduct, same soldier — if the case gets walked up to the battalion commander, the ceiling roughly triples.
⚠ Watch OutIf your chain is talking about taking an Article 15 to the battalion commander instead of handling it at company level, that is not a formality. It means the field-grade ceiling is now in play — more extra duty, more lost pay, and deeper rank reductions. This is the moment to be talking to a defense lawyer, not after.
Dial Two — Your Pay Grade
Your own grade limits what can be done to you. Correctional custody is reserved for the most junior members (E-3 and below). Reduction in grade has hard rules tied to your rank — a junior enlisted soldier can be busted down farther and faster than an NCO, and there are protections that keep a field-grade commander from reducing a senior NCO without higher-level authority. The combination of the two dials produces the actual maximum for your specific case.
SEC 4E-4-and-below and E-5-and-above don't get treated the same.
Your Pay Grade Changes the Rules
Reduction in Grade — The Key Split
| Your Grade | Company-grade | Field-grade |
|---|---|---|
| E-4 and below | Reduction of one grade | Reduction of one or more grades |
| E-5 and E-6 | No reduction | Reduction of one grade |
| E-7 and above | No reduction | No reduction by NJP |
Per AR 27-10 — confirm current limits. The exact authority to reduce senior NCOs is restricted and tied to the promotion authority of the imposing commander. If you're an E-5 or above facing reduction, that is a high-stakes situation worth a defense lawyer's eyes.
Correctional Custody Is Junior-Only
Correctional custody — a restraint short of confinement — can only be imposed on the most junior enlisted (E-3 and below): up to 7 days at the company-grade tier, up to 30 days at the field-grade tier. An E-4 or above can't receive correctional custody at NJP at all. This is one of the clearest examples of your pay grade limiting what's on the table.
Forfeiture Tracks the Tier, Not Just the Grade
Forfeiture of pay is capped by tier: 7 days' pay at company-grade, one-half of one month's pay per month for two months at field-grade. The dollar figure scales with your base pay, but the structure of the cap is set by which commander imposes the Article 15.
SEC 5What each of these actually means in your day-to-day.
The Punishments, Defined
Extra Duty
Additional duties beyond your normal assignments — and yes, they can be unpleasant, but they have to be legitimate duties, not degrading or used as a substitute for confinement. Extra duty can't run more than two hours a day if combined with restriction in some service rules, and it can't be imposed in a way that endangers your health.
Restriction
Limits on where you can go — typically to your barracks, workplace, place of worship, and dining facility. It's a leash, not a cell. Restriction with extra duty is capped lower than restriction alone (e.g., 45 days combined vs. 60 days of restriction by itself at field-grade).
Forfeiture of Pay
Money taken straight out of your check. At company-grade it's up to 7 days' pay; at field-grade it's up to half of one month's base pay for two consecutive months. This is the punishment people most often underestimate — it can be the most financially painful part by far.
Reduction in Grade
Getting busted down a rank (or more). This is the one with the longest tail: lower rank means lower pay now and a slower path to promotion later, and it can ripple into retirement calculations decades down the road. The rules are tightly tied to your current grade and the imposing commander's authority — see Section 4.
Correctional Custody
A form of restraint for the most junior members (E-3 and below) — you continue to perform duties but are held under supervision during off-duty hours. It is not the same as confinement after a court-martial, but it is the most restrictive option NJP offers.
★ NotePunishments can be imposed, then suspended — held over your head for a probationary period and wiped out if you stay clean. A suspended reduction is common: screw up again during the suspension and it's automatically executed without a new proceeding. Read the suspension terms carefully.
SEC 6The part that gets read to you fast. Slow it down.
Your Rights
The Right to Consult a Lawyer
Before you decide anything, you have the right to talk to a military defense lawyer — free. In the Army that's Trial Defense Service (TDS); every branch has its own. That lawyer works for you, not the commander. The conversation is confidential. Do not sign, decline, or accept anything until you've used this right.
⚠ Watch OutThe commander reading you your rights is the same person deciding whether you're guilty. Friendly or not, that is not your advocate. Your advocate is the defense lawyer down the hall, and the consult costs you nothing but the time to ask for it.
The Right to Refuse — and Demand a Court-Martial
In almost every case you can turn down the Article 15 and demand trial by court-martial instead. The big exception: if you're attached to or embarked in a vessel, you cannot refuse. Refusing is a heavy call — a court-martial can hand down far worse, including a federal conviction — but it also forces the higher beyond-a-reasonable-doubt standard and gives you full due process and a lawyer. Make this decision with counsel, never alone.
The Right to Present Your Side
At the Article 15 hearing you can present matters in defense, extenuation, and mitigation — your version of events, context, character statements, and reasons the punishment should be lighter. You can request witnesses and submit documents. You can remain silent. Use the opportunity; commanders do reduce or drop punishment when the soldier shows up prepared.
The Right to Appeal
If you accept the Article 15 and are found to have done it, you can appeal the punishment to the next higher commander — typically within a few duty days (commonly five in the Army; confirm your service's window). You appeal on the grounds that the punishment was unjust, disproportionate, or both. The higher commander can mitigate, suspend, remit, or set aside all or part of it.
★ NoteAn appeal isn't a long shot — disproportionate punishments do get cut on appeal, especially when defense counsel frames the argument and submits clean written matters. If the punishment feels heavier than the offense, appeal it.
FAQThe questions people actually ask before they sign.
Frequently Asked
What's the difference between a company-grade and a field-grade Article 15?
It's about the rank of the commander imposing it, and that grade sets the ceiling on punishment. A company-grade Article 15 comes from a commander in the grade of O-3 (captain) and below and tops out at 14 days extra duty, 14 days restriction, forfeiture of 7 days' pay, and a one-grade reduction for E-4 and below. A field-grade Article 15 comes from a commander O-4 (major) and above and can go much higher — up to 45 days extra duty, 60 days restriction, forfeiture of one-half of one month's pay for two months, and reduction of one or more grades. Same offense, very different stakes depending on who holds the paperwork. These figures track the MCM Part V and AR 27-10 — confirm current limits in the regulation, which controls.
Can I refuse an Article 15?
Yes — in almost every case you have the right to turn down nonjudicial punishment and demand trial by court-martial instead. The one major exception: if you are attached to or embarked in a vessel, you cannot refuse. Refusing is a serious decision with real trade-offs — a court-martial can impose much heavier consequences, including a federal conviction, but it also gives you a higher burden of proof (beyond a reasonable doubt), a military lawyer, and full due process. Talk to a defense lawyer before you decide. Accepting an Article 15 is not an admission of guilt; it just means the commander, not a court, decides.
Can I appeal NJP?
Yes. If you accept the Article 15 and are found to have committed the offense, you can appeal the punishment to the next higher commander, usually within a set number of days of the punishment being imposed (commonly five duty days in the Army — confirm your service’s window). You can appeal because the punishment was unjust, disproportionate, or both. The appeal does not erase the proceeding, but the higher commander can reduce, suspend, or set aside all or part of the punishment. Submit matters in writing and lean on your defense counsel to frame the appeal.
Do I get a lawyer for an Article 15?
You have the right to consult a military defense lawyer — free of charge — before you decide whether to accept the Article 15 or demand a court-martial. In the Army that office is Trial Defense Service (TDS); every branch has an equivalent. That consultation is yours by right and it is confidential. The commander imposing the Article 15 is not on your side in this — the defense lawyer is. Use them before you sign anything.
Keep Reading
Official Sources
The maximums on this page track these authorities. They control — if a number here differs from the current regulation, the regulation wins. Verify before you rely on it.
- Joint Service Committee — Manual for Courts-Martial (MCM), Part V →
Part V of the MCM governs Nonjudicial Punishment service-wide — the source framework for every Article 15 punishment ceiling.
- Army Publishing Directorate — AR 27-10, Military Justice →
Army Regulation 27-10, Chapter 3, sets the Army's Article 15 tiers and maximum-punishment tables. Search “27-10” for the current edition.
- 7th Army Training Command — Trial Defense Service Article 15 Fact Sheet →
A JAG/TDS one-pager on Article 15 rights and maximum punishments — written for soldiers, by the defense lawyers who'd represent you.
- 10 U.S.C. § 815 — UCMJ Article 15 (Cornell LII) →
The statute itself — the commanding officer's nonjudicial punishment authority and the right to demand trial by court-martial except aboard a vessel.