NJP/Article 15 Counsel in North Carolina

Each military branch refers to non-judicial punishment differently. The Army commonly refers to it as Article 15, but the Navy and Marine Corps refer to it as “NJP” or “Captain’s Mast.” Similarly, the Air Force calls the procedure “Office Hours.” No matter which branch of service you serve in, Article 15 of the Uniform Code of Military Justice (UCMJ) is the controlling authority and you have rights. Mr. Thomas has worked with thousands of service-members across the globe through this process and helped them get a positive result.

One of the first decisions that you will have to make is: should I accept the non-judicial punishment OR should I refuse it. Like most legal issues, your case will be driven by the facts and more importantly, the evidence that the Command has against you. At times, it is beneficial for a person to deny the Article 15 or non-judicial punishment and request a court martial. Accepting non-judicial punishment can have both short and long term negative effects on a person’s career and life. Before making this decision, it is important to exercise the rights that you have and seek help from an experienced trial attorney. Mr. Thomas is one of the best military attorneys in the country and has the ability to advise you on the legal issues while helping you weigh the pros and cons of your decision.

Part of your decision will be made based on what type of non-judicial punishment you are offered.  Overall, Commands offer a person non-judicial punishment when they believe the person has violated or committed minor misconduct punishable under the UCMJ, but the type of non-judicial punishment will hinge on the severity of the alleged misconduct. 

For the most part, Commands use two types of non-judicial punishment: company grade and field grade non-judicial punishment. As indicated by the name, each type of non-judicial punishment depends on the rank of the officer imposing the sentence.

If you are facing a Company Grade (Company-Level) NJP you are subject to the following punishments:

  • Restriction: 14 days

  • EPD: 14 days

  • Forfeitures: 7 day's pay

  • Reduction: None (CO must have promotion authority to be able to reduce)

Whereas, when you are facing a Field Grade (Battalion-Level) NJP you are subject to:

  • Restriction: 60 days (45 if in conjunction with EPD)

  • EPD: 45 days

  • Forfeitures: ½ of pay for 2 months

  • Reduction: 1 pay grade

While your Command may tell you the punishment will be minor, the punishments above show that a non-judicial punishment can significantly impact your life and your family’s life.  To make matters worse, there could be other administrative punishments that could stem from accepting non-judicial punishment.  Depending on your military career and the misconduct alleged, your Command could use the non-judicial punishment as a basis to administratively separate you. You need to appreciate the possible consequences of your decisions and get an accurate sight picture of what lies ahead.  Mr. Thomas understands that each client has different needs and can help steer the Command to an outcome that will benefit you and your family, no matter what you choose. 

Remember, your Command has the ability to offer non-judicial punishment, but you have the power to accept or deny it. The right to consult with an experienced military attorney is your greatest asset when you are making your decision.  That is why it is essential to work with Mr. Thomas when you are making such an important decision. 

This decision is not a small one and consulting with an experienced attorney that has your best interests in mind is highly recommended. Refusing non-judicial punishment can have several different outcomes.  Your Command can drop the case or take other administrative action such as giving you a negative counseling.  Unfortunately, the Command could also consult with their Staff Judge Advocate and prosecutors on base to decide what type of court-martial to convene.  Going to trial is one of the most stressful experiences a person can endure and when a person is found guilty the sentence can result in confinement, federal convictions, or a punitive discharge to name a few. Mr. Thomas can provide you with a seasoned and realistic evaluation that can put you in the best position to make your decision. 

On the other hand, if you choose to accept NJP you still need a skilled attorney to help prepare an effective package to present to your Command.  Mr. Thomas has prepared countless client’s NJP cases and knows what witnesses to call and what evidence to gather in order for your Command to rule in your favor.