ARTICLE 15 APPEAL INFORMATION . If you do not want your case to be decided at a summary court-martial, you have the right to refuse it. Both punishments are in the nature of deprivation of entitle- ment to pay. Hence, it is also called non-judicial punishment (Captain’s Mast in the Navy) because it does not involve the judicial system. These sources also indicate that the nature of the offense and the circumstances surrounding its commission are also factors which … Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command; afford the accused a hearing as to such offenses; and. Military service members have a limited set of rights at a summary court-martial. Home Veterans Defense Administrative Actions Article 15, UCMJ. In most cases, criminal acts are not minor offenses and, usually, the maximum imposable punishment is great. Bad Conduct Discharge level court-martial, the maximum punishment would probably be 12 months of confinement, reduction to the grade of E1 (regardless of your current pay grade), forfeiture of two-thirds of your pay each month for 12 months, and a Bad Conduct Discharge. The Term "Officer in Charge" does not mean an "OIC," as a "​job title," but rather a specific officer where the flag officer holding general court-martial authority designates the office as the "officer in charge.". Commanding officer’s non-judicial punishment; 10 U.S. Code § 815 - Art. Article 15 gives a commanding officer power to punish individuals for minor offenses. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The MCM states a service member may be subject to prosecution if they are guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders.. Understanding Article 93 (Cruelty and Maltreatment) of the UCMJ. (Read more here about courts-martial.). In contrast to formal courts-martial, Article 15 procedures in the U.S. military are a form of non-judicial discipline conducted by commanders. The term minor offense" has been the cause of some concern in the administration of NJP. No Double Punishment: Once UCMJ Article 15 punishment is imposed, a commander may not impose a second UCMJ Article 15 punishment for the same misconduct. You do not have a right to a free military defense attorney in a summary court-martial, as you would in other types of courts-martial, but you can hire a civilian defense attorney if you choose. A more serious offense will be handled through a formal court-martial. These punishments are carried out after a hearing before the commander but without a judge or jury. ), indicate that the term "minor offense" means misconduct normally not more serious than that usually handled at summary court-martial (where the maximum punishment is thirty days' confinement). The Other than Honorable Discharge and Article 15 would be preferable. Choosing DOD Retirement Benefits or VA Disability Compensation, Benefits for Spouses and Children of Disabled Veterans, Assistance for Veterans Starting Small Businesses. Under Article 15 of the Code (Subchapter III), specified military commanders have the authority to exercise non-judicial punishment (NJP) over their subordinates for minor breaches of discipline. The text of the statute says that any service member who engages in an unnatural form of carnal copulation with another individual belonging to the same sex or the opposite sex, … What is the Uniform Code of Military Justice? Non-judicial punishment is a military justice option available to commanders. 1e, MCM (1998 ed.) They will question both the accuser and the accused about their version of events, and they can ask for legal advice from a judge advocate if needed. The offense must provide for both extremes, and it does because of a high maximum punishment limit. This video provides an overview of non-judicial punishment (NJP) under Article 15 of the UCMJ. Military regulations permit the use of NJP to punish an accused for an offense for which he has been tried by a domestic or foreign civilian court, or whose case has been diverted out of the regular criminal process for a probationary period, or whose case has been adjudicated by juvenile court authorities, if authority is obtained from the officer exercising general court-martial jurisdiction (In the Air Force, such permission can only be granted by the Secretary of the Air Force). In the Army and Air Force, nonjudicial punishment can only be imposed by a commanding officer. Named after the section of the UCMJ authorizing it, an Article 15 is described on one military official site as, “…a military justice option available to commanders. Sometimes Article 15s are referred to a summary court-martial. In context, nature of the offense refers to its character, not its gravity. AR 27-10, para. Information derived from Handbook of Military Justice & Civil Law. An Article 15 is non-judicial, so you would have neither a misdemeanor nor a felony. UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. If you were arrested during the events that resulted in Article 15 penalties, you may face consequences in your civilian life. In military criminal law, there are two basic types of misconduct-disciplinary infractions and crimes. Article 15, UCMJ, and Part V, para. Commanding officers in the grade of lieutenant … Article 15 UCMJ, JAG, Advice.? Under Article 15, you have the following rights: Be informed of your right to remain silent under Article 31 of the UCMJ. Imposing penalties under Article 15 in the Navy and the Marines, by contrast, requires clear and convincing proof, which is a lesser standard. These sources also say that the nature of the offense and the circumstances surrounding its commission are also factors that should be considered in … A service member should discuss the pros and cons of going to a court-martial with an attorney. UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. Who Is Subject to the Provisions of the UMCJ? Can be imposed by company or field grade officers. Willful disobedience of an order to report to the barbershop may have much less of an impact on discipline. Article 15 of the Uniform Code of Military Justice authorizes commanders to discipline service members without having to convene, or put together, a court-martial. ), indicate that the term "minor offense" means misconduct normally not more serious than that usually handled at summary court-martial (where the maximum punishment is thirty days' confinement). Article 15, UCMJ, and part V, par. The circumstances surrounding the commission of a disciplinary infraction are important to the determination of whether such an infraction is minor. Both types of offenses involve a lack of self-discipline, but crimes involve a particularly gross absence of self-discipline amounting to a moral deficiency. The Article 15 Nonjudicial Punishment Option. 15, UCMJ, or referring the case to a court-martial. In the Navy and Coast Guard, nonjudicial punishment proceedings are referred to as "captain's mast" or simply "mast." (They can ask to defer any part of their sentence that involves confinement.) Nature of offense. These sources also indicate that the nature of the offense and the circumstances surrounding its commission are also factors which should be considered in determining whether an offense is minor in nature. Hence, the term "disciplinary punishment" used in the Manual for Courts-Martial, 1998 edition, is carefully chosen. This might be two years if the Article 15 was filed at the Judge Attorney General office on a military base. This is called nonjudicial punishment. While nonjudicial punishment is administrative in nature, it can still have a profoundly negative impact on a military member’s career. When dealing with disciplinary infractions, the commander must be free to consider the impact of circumstance since he is considered the best judge of it; whereas, in disposing of crimes, society at large has an interest coextensive with that of the commander, and criminal defendants are given more extensive safeguards. They have a right to appeal if they are found guilty, using a copy of the trial record. To initiate Article 15 action, a commander must have reason to believe that a member of their command has committed an offense under the UCMJ. They are not a trial, as the term "nonjudicial" implies; an acquittal if a determination is made not to impose punishment. Disciplinary offenses, however, are serious or minor depending upon circumstances and, thus, while some disciplinary offenses carry severe maximum penalties, the law recognizes that the impact of some of these offenses on discipline will be slight. I describe them because problems with suicide lurk … This fact sheet is for informational purposes only; it is not intended to constitute legal advice and is not a substitute for speaking with a defense attorney. 15. Article 15s are a mechanism that allow the chain of command to punish a Soldier for offenses under the UCMJ without formally charging him/her at a court-martial. Article 15 Fact Sheet . When faced with a UCMJ Article 15, Servicemembers have a right to demand trial by court-martial, to appeal the non-judicial punishment, or to accept it.