Under Article 15 of the UCMJ, a commanding officer can punish a service member without a trial. A guilty finding at NJP is not a criminal conviction and does not result in a criminal record. However, it is likely a career ender and can lead to reduction in rank, forfeiture of pay, restriction, and extra duties.    

Should I accept or refuse NJP?

Except for individuals attached to or embarked on a vessel, service members have the right to refuse nonjudicial punishment. Whether a military member accepts or refuses is the most important initial decision to be made, as it will have an incredible impact on the service member’s career, reputation, and future in the military and beyond.

If NJP is refused, a commanding officer has a number of options, including sending the case to court-martial or initiating administrative separation proceedings.  

Whether one accepts or refuses NJP depends on the circumstances and requires careful thought, preferably with the assistance of an experienced court-martial lawyer. A guilty finding at NJP is not a federal conviction and will not result in a punitive discharge from the military. And there is a possibility that the service member could be found not guilty at the NJP. But, experience informs us that, more often than not, accepting NJP will result in a guilty finding, especially if the service member does not have the assistance of an experienced court martial lawyer to investigate the case and then carefully craft written rebuttal matters on the member’s behalf.

If a service member is actually innocent of the alleged crime, accepting NJP carries with it a significant amount of risk.  In many instances—depending on the nature of the charged offenses—a guilty finding at NJP is followed by administrative separation processing, which could result in an other than honorable discharge (OTH). 

Refusing NJP may result in (1) immediate administrative separation processing or (2) a court-martial, where a service member could be convicted of a crime that they did not do and, among other things, sentenced to prison time and a dishonorable or bad-conduct discharge.

If you’re a military service member facing NJP and you want an experienced military law attorney to help you decide the best course of action, call TODAY for a free consultation.

Army: NJP is usually referred to as an “Article 15” in the Army. Unlike the other services, in order to be found guilty at NJP, your commander must believe that the evidence supports your guilt beyond a reasonable doubt, which is the exact same standard of proof needed to convict at court martial. 

Navy and Marine Corps: In the Navy, NJP is commonly referred to as “Captain’s Mast.” In the Marine Corps, it is referred to as “NJP” or “Office Hours.” The standard of proof to be found guilty is a “preponderance of the evidence” for both, which is much lower than “beyond a reasonable doubt.” In the Navy, you may be brought to a Disciplinary Review Board (DRB) and Executive Officer Inquiry (XOI) prior to Captains Mast.

Air Force: In the Air Force, NJP is normally referred to as an “Article 15.”  Strangely, there is no definitive standard of proof, but Air Force policy is that if proof beyond a reasonable doubt is not available, NJP action is “usually not advisable.” 

Coast Guard: In the Coast Guard, NJP may be referred to as “Captain’s Mast,” “Mast,” or “Admiral’s Mast” if imposed by a flag officer.  The standard of proof to be found guilty is a “preponderance of the evidence.”

Presumed Guilty: Make no mistake, a commander who initiates NJP probably already believes that you’re guilty. It is therefore critical that you consult with an experienced military attorney as soon as possible in order to assess your case and determine the best course of action. An experienced military attorney will be able to identify weaknesses in the evidence and advise you whether to accept the NJP or to fight the allegations by refusing.

If accepting NJP is best, a good military defense attorney can develop a strategy and prepare written matters in defense, extenuation, and mitigation. Trying to do this yourself is a recipe for disaster.

If you’re facing NJP and you want an experienced military defense attorney to help you decide what to do, call NOW for a free consultation.