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Before You Accept Nonjudicial Punishment

Nonjudicial punishment (NJP) under Article 15, UCMJ, is a disciplinary tool for Commanding Officers to quickly dispose of minor offenses without initiating the court-martial process. Instead, the Commanding Officer independently determines guilt or innocence and awards punishment. Whether called an “Article 15,” “office hours,” or “Captain’s Mast,” the proceedings and limitations on punishment are very similar.

When confronted with the prospect of NJP, a service member should weigh the risks and benefits of accepting NJP compared with demanding trial by court-martial. A service member generally cannot be compelled to accept NJP—no chain of command has the authority to force an accused service member to agree to this outcome.

Military Justice Attorneys strongly advise any service member facing NJP to consult a military lawyer before deciding on a course of action. During your consultation with Military Justice Attorneys, you will be able to discuss your legal rights, as well as other collateral consequences you should be mindful of before notifying your command of your decision.

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What Is Nonjudicial Punishment?

Authorized under Article 15, UCMJ, nonjudicial punishment is a disciplinary measure more serious than administrative corrective measures, such as an administrative reprimand or counseling, but less serious than trial by court-martial. The purpose of nonjudicial punishment is to provide commanders with a prompt means of maintaining good order and discipline within their commands without the stigma and collateral consequences of a court-martial conviction.

Nonjudicial punishment is intended to be used to punish minor offenses under the UCMJ, but has historically been used as a tool by commanders to handle a range of misconduct from order violations and alcohol-related offenses to fraternization and even low-level sex crimes. Nonjudicial punishment is rarely offered to resolve accusations of serious criminal misconduct.

Commanders must exercise sole and independent discretion in determining whether to offer or impose nonjudicial punishment. No superior may direct a subordinate authority to impose nonjudicial punishment in a particular case or issue any regulation, order, or guidance suggesting that certain categories of minor offenses be disposed of by NJP instead of by court-martial or administrative corrective measures.

Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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View All Results
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What Are My Rights at NJP?

As the accused or suspect, you have the right to be informed of the charges you are facing at nonjudicial punishment, be informed of the maximum possible penalties, be allowed to review the evidence against you, and be provided with paperwork notifying you of your rights, among other protections.

Perhaps the most important right is the right to demand trial by court-martial instead of accepting nonjudicial punishment. The Manual for Courts-Martial provides that NJP may not be imposed on any service member who, before its imposition, demands trial by court-martial, except for service members attached to or embarked in a vessel.

This is a substantial right for most members of the Army, Air Force, and Marine Corps, who are rarely attached to or embarked on a vessel. In most cases, service members in these branches can refuse NJP and demand trial by court-martial. This right still applies to the United States Navy but is significantly more limited given how often Sailors are attached to ships or deployed at sea, which may prevent refusal of NJP.

Unfortunately, many service members do not read or fully understand their rights before deciding to accept NJP or Article 15. As the accused, you always retain the right to consult with legal counsel before deciding whether to accept or refuse NJP.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

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"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

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Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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What Are the Collateral Consequences of Accepting NJP?

Military Justice Attorneys recently received a call from a U.S. Army Captain stationed at Camp Humphreys, South Korea. He had already been offered, and accepted, nonjudicial punishment under Article 15, UCMJ, for allegations of conduct unbecoming of an officer based on comments made after a night of drinking at the Officer’s Club. At the time of his call, he had five days to appeal his Article 15 and wanted to know what options were available. After we explained that his chances of appeal were low, he stated he had been advised to accept NJP rather than risk a court-martial. He had not been advised of the collateral consequences. After walking him through the likely impact of his Article 15 conviction, we explained that accepting NJP can result in:

Inability to promote

 Even if not discharged, NJP may make future promotion impossible. If reduced in rank, the service member may hit high-year tenure limits and be involuntarily separated.

Impact on service members’ evaluation reports

 An Article 15/NJP conviction requires the rating official to file a negative evaluation in the permanent personnel file of the service member. In a downsized military, this will likely disqualify officers and enlisted members from reenlistment.

Involuntary administrative separation

 In many cases, the NJP conviction later becomes the basis for involuntary separation. This is particularly significant for service members with fewer than six years of service, as a board is not required.

Recoupment of reenlistment or bonus

 If a service member received a reenlistment or training bonus and is involuntarily separated prior to EAS or ETS, the government may attempt to recoup a prorated portion of that bonus.

Loss of VA benefits

 If discharged with an other than honorable characterization due to misconduct disposed of at NJP, the service member will likely lose nearly all VA benefits, including educational benefits such as the GI Bill.

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Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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Should I Accept or Refuse NJP?

This is the million-dollar question. Every case is different and requires consultation with an experienced attorney, but several important considerations must be evaluated before deciding.

Factors include time in service and grade, strength of the evidence, risk of court-martial punishment, severity of charges, undiscovered misconduct, prior service, deployments, EAS or ETS timeline, collateral administrative consequences, mitigating circumstances, and whether a guilty plea is required.

The most important question to ask is whether you can plead guilty to something you know you did not do. That answer often determines whether accepting NJP is even an option

While NJP can appear to be the safer route, accepting NJP requires giving up significant due process rights. At NJP, there is no defense attorney, no Military Rules of Evidence, limited ability to present evidence, and a lower burden of proof. By contrast, the court-martial system allows full discovery, the opportunity to maintain innocence, and professional legal advocacy. These protections provide a meaningful opportunity to contest allegations that are often quickly resolved against the accused at NJP.

With few exceptions, a service member who accepts NJP will likely be found guilty regardless of the defense presented. Accepting NJP with the intent to later contest the charges is usually a very poor strategy. We would be honored to serve as your advocate and partner throughout your military legal process. Please arrange your consultation by calling or contacting us online.

Can I Appeal Nonjudicial Punishment?

Yes, but appeals are difficult to win. The Manual for Courts-Martial states that a service member punished under Article 15 who believes the punishment is unjust or disproportionate may appeal to the next superior authority.

Those are the only two bases for appeal: that the punishment is unjust or disproportionate. While the appeal is pending, punishment may continue unless action is not taken within five days and the service member requests a stay of unexecuted restraint or extra duty.

Contact MJA Today

Military Justice Attorneys have advised countless service members facing the decision of whether to accept or refuse Article 15 nonjudicial punishment. If you are under investigation or have been notified of NJP, contact one of our military defense lawyers today at (843) 773-5501 to learn more about your rights.

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