Non-Judicial Punishment (NJP)
Defense Representation for Service Members Facing NJP
If you are suspected of a minor offense under the Uniform Code of Military Justice, your commanding officer may offer you Non-Judicial Punishment (NJP), commonly known as Article 15 in the Army and Air Force or Captain's Mast in the Navy and Coast Guard.
Although NJP is not a court-martial, the decision to accept NJP can have important consequences for your military career. In many circumstances, a service member has the right to refuse NJP and demand trial by court-martial.
The decision whether to accept NJP or demand trial by court-martial should be made only after carefully considering the facts, the evidence, the potential punishment, and your individual circumstances.
Carmichael Ellis & Brock represents service members facing NJP and helps them understand their rights and options before making this important decision.
Understanding Courts-Martial
There are three types of courts-martial under the military justice system:
What Is Non-Judicial Punishment?
Non-Judicial Punishment is a disciplinary process authorized under Article 15 of the UCMJ. It allows a commanding officer to address certain alleged offenses without referring the matter to a court-martial.
The commanding officer has significant discretion in determining whether an alleged offense is appropriate for NJP. The existing Carmichael Ellis & Brock page emphasizes that the characterization of an offense as a "minor offense" can involve considerable command discretion.
NJP is generally less formal than a court-martial and has more limited punishment authority. However, it should not be treated as an inconsequential administrative matter.
Should You Accept NJP or Demand a Court-Martial?
For many service members, this is the most important decision in the NJP process.
In circumstances where the law provides the right to do so, a service member may refuse NJP and demand trial by court-martial. There are important strategic considerations on both sides.
There is no single answer that is appropriate for every service member.
Before deciding whether to accept NJP or demand trial by court-martial, speak with an attorney who understands military law.