The military uses Non-Judicial Punishment (also known as Article 15, Office Hours, or Captain's Mast) as a method to discipline service members for minor violations of the Uniform Code of Military Justice (UCMJ), including petty theft, destroying government property, providing false information, disobeying orders, misuse of government property, fraternization, adultery, DUIs, underage drinking, and short, unauthorized absences. After receiving notice of an Article 15, you have a choice: either accept the Article 15 and go before your commander, or turn down the Article 15 and request a trial by court-martial. Before making this decision, you have the right to know what the alleged offense(s) against you are, the right to see the evidence against you, and the right to consult with counsel prior to accepting non-judicial punishment.
If you accept non-judicial punishment, your commanding officer will act as your judge and jury and determine if you committed the offense(s), and, if so, what punishment you will receive. You do not have the right to representation by a military attorney in non-judicial punishment. You are, however, entitled to present your side of the case by presenting witnesses, documents, and making a statement on your own behalf. You may retain civilian counsel at your own expense to assist you in presenting your case. After presenting all the evidence, the commander will decide whether you committed the offenses. If your commander finds you have committed misconduct, you may present further evidence of extenuating circumstances surrounding the offense or evidence of mitigating circumstances, such as, your family's financial situation and how rank reduction or forfeiture will affect your family. Further, the type of punishment your commander may impose will vary by service.
If you decide to turn down the Article 15 action, your commander will then decide whether to drop the Article 15 action or begin court-martial action.
Make No Mistake. An Article 15 Can Have Serious Consequences for your Career.
I am military defense attorney Charles Swift of Swift & McDonald, P.S., in Seattle, Washington. As a former military lawyer for the JAG defense team for more than ten years, I have seen good careers ruined by Article 15 offenses, many because of misunderstandings, mistakes and unfair accusations made by commanding officers. As a member of the armed forces, you have the right to consult civilian attorney before making the critical decision to accept or reject Article 15 punishment. I stand ready to help you make this important and difficult decision.
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From offices in Seattle, the firm represents clients in civilian criminal matters and military family law matters throughout Washington State. Mr. Swift represents clients in military law matters at U.S. bases around the world. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced lawyer today. Call toll free 800-391-7308.
