Non-Judicial Punishment Defense

Aggressive, dedicated, and experienced military defense team fighting for Soldiers, Airmen, Marines, Sailors, and Coast Guardsmen all over the world.

We have represented hundreds of service members across all branches of the armed forces who have been accused of various acts misconduct including drug use, sex assault, domestic assault, BAH fraud, AWOL, FTR, assault, aggravated assault, abusive sexual contact, an assortment of firearm offenses, false official statement, larceny, adultery, a variety of order violations, insubordination, and FTR.  We have the skills to ensure that your rights are upheld and that your theory of defense is mutinously developed and persuasively presented to your chain of command.

The authority for commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. An Article 15 is considered non-judicial punishment, meaning that it is not considered a judicial proceeding. Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a service member without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander’s. A service member may, however, refuse to accept the Article 15 and instead demand trial by court-martial. (Note: This option is not afforded to U.S. Navy and Coast Guard personnel assigned to vessels.)

Article 15 proceedings are very important. It is a mistake to think that because they are not courts martial, that the consequences are not severe. While Article 15 proceedings are not criminal matters (They do not appear on criminal background checks.), they can effect your military career. For enlisted service members, you can lose rank, depending upon the rank you hold prior to proceeding. You may also be required to forfeit some of your pay, perform extra duty or be restricted in your movements. Also, in some cases, your Article 15 will be reported to your service’s personnel or human resource directorate, where it may have significant negative effects on your future promotion. Often, Article 15 proceedings can trigger administrative separations (boards of inquiry for officers), causing early and abrupt end to a military career. Also, an officer punished under Article 15 will not be demoted, rather if he is allowed to retire, he will likely face a board to determine his appropriate rank in retirement (effectively reducing rank in retirement).

At an Article 15 hearing, you are entitled to call witnesses, present evidence, and hire a civilian attorney to present a written defense to support your innocence.  The attorneys at Shewmaker and Shewmaker will submit a written defense to your command designed to attack the investigation, undermine the government’s case, and convince your commander that you’re not guilty of the alleged misconduct.  If necessary, we will assign one of our experienced military investigators to ensure that your story is told and that your defense is fully developed.

If you are found guilty during an Article 15 hearing, you have the right to appeal to the next higher commander. For example, if the imposing commander is your company commander (0-3 level), the appellate authority is usually the battalion commander (0-5 level). The appeal must be submitted within five (5) days of your hearing. There are three (3) grounds for appeal: (1) there was not enough evidence to find you guilty; (2) the punishment imposed was too severe; or (3) the commander did not follow proper procedures. The commander considering your appeal can overturn a finding of guilty, lessen the punishment or keep the punishment the same. The commander acting on your appeal cannot make your punishment more severe. Commanders may – in their discretion – see you personally, rathe than just through your letter. In some cases, the commander may stay (suspend) your punishment until after the appeal, though the commander is not required to do this.