A minor offense is defined as misconduct normally not more serious than that usually handled at a summary court-martial and where the maximum punishment is 30 days' confinement. Non-judicial punishment results from an investigation into unlawful conduct and a subsequent hearing to determine whether and to what extent an accused should be punished. Generally, when a complaint is filed with the commanding officer of an accused or if that commander receives a report of investigation from a military law enforcement source , that commander is obligated to make an inquiry to determine the truth of the matter.
A military member facing an Article 15 hearing has the right to request a full court-martial. However, this carries the risk of more severe penalties if found guilty. If, after the preliminary inquiry, the commanding officer determines that disposition by NJP is appropriate, the commanding officer must inform the accused that NJP is being considered for the offense, along with the contemplated action, the suspected offense, government evidence, right to refuse NJP, and the right to confer with independent counsel.
Except in the case of a person attached to or embarked in a vessel, an accused may demand a trial by court-martial in lieu of an Article The commanding officer has several options for determining punishment, but none of them may be severe. Limits to punishments can vary based on the rank of the commanding officer and the rank of the accused.
Restrictions to correctional custody, base, or other specified limits typically may last no longer than 30 days, and rank may be reduced no more than one grade. Pay typically can be reduced by no more than half for two consecutive months. Commanding officers also have the discretion to suspend punishments for up to one year. Effectively, this means the punishment is not carried out unless the accused fails to meet the terms of the suspended sentence.
Punishment also may include extra duties as long as they pose no danger and are not demeaning relative to the individual's rank. A military member can appeal any punishment that results from an Article 15 hearing in writing to the next highest superior authority.
Appeals should be submitted in writing within five days of the Article 15 ruling. House of Representatives. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice.
Meet the Editors. Article 15 Military Disciplinary Process. Here's what to expect if you're read an Article Proof Required for an Article 15 All of the branches of the military follow similar Article 15 procedures, although the proof required to impose an Article 15 does vary.
Right to Refuse an Article 15 A soldier has the right refuse to accept an Article 15 and instead request trial by court-martial. Summary Court-Martial Sometimes Article 15s are referred to a summary court-martial. Preliminary Proceeding At the preliminary hearing, you will be given a copy of the charge sheet and the following information: the name of the person who has accused you of an infraction what you are being charged with the names of witnesses that will be presented against you, and any documents or other evidence that will be submitted against you.
You have to the right to review all documents that will be presented against you at trial and to see your related personnel records. You also have the right to refuse a trial by summary court-martial. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Related Products More. Long-Term Care.
Nolo's Guide to Social Security Disability. View More. Get Professional Help. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Getting one is considered a serious matter in spite of the language used in the quote above. Depending on circumstances, mission requirements, and other variables a service member may or may not be denied the opportunity to re-enlist if they have an Article 15 on their service record.
Many variables affect this possibility. Whether or not a denied reenlistment happens depends greatly on a number of factors including the nature of the offense, whether the service member has since gone on to distinguish themselves, and whether the commander agrees that the soldier, sailor, airman, or Marine should be kept in uniform. Just as in civilian court cases, a commander has the authority to impose a suspended punishment instead of a full-blown Article 15 or other NJP.
This means that the commander could impose an Article 15 in such a way that it does not take effect UNLESS the servicemember violates the terms of the suspended punishment. Those who do violate the suspended punishment guidelines would be subject to having the full weight of the Article 15 applied to them. Accepting an Article 15 does not mean accepting guilt. Those who choose to plead not guilty in an Article 15 procedure must be able to state their case to the commander including the presentation of evidence, witnesses, statements, and other documentation to support your case.
Anyone in uniform may, however, refuse to accept the Article 15 and instead demand trial by court-martial. Anyone found guilty as the result of an Article 15 hearing has the right to appeal using the chain of command. The appeal would be delivered to the next-highest commander.
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