UCMJ Article 15 Defense Lawyer

UCMJ Article 15 Defense Attorney

Article 15 matters may not be as serious as a court-martial, but a nonjudicial punishment can result in reduced ranks, fines, and a lasting impact on your military career. If you received a notification of nonjudicial punishment, a UCMJ Article 15 defense lawyer can prepare you for the proceedings. Michael J. Thompson Attorney at Law can explain your options and be at your side throughout the process.

About Us

Our firm’s owner and founding attorney, Michael J. Thompson, has spent years representing service members in Oak Grove, Fort Campbell, Fort Knox, and bases across Kentucky in their Article 15 cases. He previously served in the United States Marine Corps, giving him insight into the issues that enlisted personnel face.

Overview of UCMJ Article 15 Defense Cases

In 2024, there were 17,993 nonjudicial punishments under Article 15 in the Army, or a rate of 40 per 1,000 service members. Other reporting agencies include the Marine Corps, with 5,066 Article 15 punishments, or a rate of 29.4 per 1,000 Marines, and the Air Force, with 3,909 total proceedings at a rate of 12.17 per 1,000 personnel. The Navy and Coast Guard did not publish public figures.

Article 15, or nonjudicial punishment (NJP), cases are disciplinary actions that a commanding officer (CO) can take for matters that they believe do not warrant a court-martial. NJPs are used for a wide range of both criminal and noncriminal acts that violate the UCMJ. Common grounds for an Article 15 punishment include:

• Absence without leave (AWOL)
• Insubordination
• Minor fights or assaults
• Misuse of government property
• Drug possession or use
• Dereliction of duty
• Poor performance

Service members receive a written notification of the NJP’s grounds and the defendant’s rights to stay silent, consult an attorney, present their defense, and either accept the process or refuse it and demand trial by court-martial instead of Article 15 penalties.

If you accept the Article 15 proceeding, your case does not require a court visit and is handled within your unit. Those who refuse an Article 15 punishment and demand a court-martial typically have their cases seen at Fort Campbell Federal Courthouse, located on the installation at 5858 Tennessee Avenue, Fort Campbell, KY 42223.

Article 15 Penalties

The penalties you can face in an Article 15 proceeding depend on the rank of both the accused and the CO, along with whether they are enlisted or commissioned. Commissioned or warrant officers can receive 30-day restricted movement, with or without suspension. COs with court-martial jurisdiction or generals can increase restricted movement to 60 days, arrest in quarters for 30 days, and one-half of two months’ pay.

Enlisted personnel can face:

• A written or oral reprimand
• Up to 14 consecutive days of extra duties
• 7 days in a correctional custody
• Forfeiture of up to 7 days’ pay
• 14-day restriction on movement
• Reduction to the next lower grade of rank

A punishment carried out by a CO at Major grade or above can increase the penalties to:

• Confinement for 30 days
• One-half of two months’ pay
• 45 days of extra duty
• 60 days of movement restrictions
• Reduction to the lowest rank of grade e-4 or below

Hire a UCMJ Article 15 Defense Lawyer

An NJP or Article 15 process can be a stressful and confusing situation. While you may represent yourself, it is recommended that you hire a UCMJ Article 15 defense lawyer to handle your case. Your UCMJ Article 15 defense attorney can provide many crucial services to your defense, such as:

• Review the notice and the presented evidence against you.
• Advise on whether you should accept the Article 15 penalty or demand a court-martial.
• Prepare you for discussions with your CO.
• Choose an Article 15 defense strategy that matches your specific circumstances.
• Gather supporting evidence for your argument.
• Negotiate with your commanding officer to reduce penalties.
• Represent you at every stage of a court-martial trial.

FAQs About UCMJ Article 15 Defense Laws

How Long Does an Article 15 Case Take to Resolve?

How long it takes for your article 15 matter to resolve depends on the complexity of the case and the level of contestation. Service members who accept the Article 15 for minor infractions may have cases that last a few weeks, while a refused Article 15 proceeding that requires a court-martial with extensive evidence can take months. Your experienced attorney can provide a rough timeline for your unique scenario.

Can You Defend Against an Article 15?

Under military law, you can defend against an Article 15 punishment through different strategies, depending on your situation. One common way is to accept Article 15 and contest the arguments against you. You may also refuse the process and request a court-martial trial. Courts-martial can increase punishments, but they provide greater opportunities to present your defense. A third way to defend against an Article 15 is to appeal a guilty verdict with a higher authority.

Does an Article 15 Go on Your Permanent Record?

Following an Article 15 punishment, the event appears on your permanent record in different ways, depending on whether they are filed locally or on an Official Military Personnel File (OMPF). Local filings are common for junior enlisted persons and can often be removed over time. Cases filed with your OMPF remain on your record throughout your career. After you leave the military, Article 15 judgments typically do not affect your civilian criminal record.

Can an Article 15 Bar Someone From an Honorable Discharge?

One central concern for those facing Article 15 proceedings is whether nonjudicial punishments can harm their ability to receive an honorable discharge. In general, Article 15 penalties do not bar someone from exiting the service under honorable conditions. Article 15 punishments typically appear only as negative marks on your career, not a career-ending event.

Schedule Your Initial Consultation With a UCMJ Article 15 Defense Lawyer

Michael J. Thompson Attorney at Law recognizes the stress an Article 15 case can bring. Our team can aid you throughout the process and work to reduce the event’s impact on your career.

Reach out today to schedule your initial consultation, where we can learn your story and discuss defense strategies. You may also visit our Oak Grove offices, located on Fort Campbell Boulevard, a block from Gate 5, north of Fort Campbell TC Freeman Visitor Center, and just south of Thompsonville Lane.