How long is an Article 15 on your record?

In contrast to formal courts-martial, Article 15 procedures in the U.S. military are a form of non-judicial discipline conducted by commanders. They do not result in a criminal record and may not affect a service member’s record in the military. These are the most common type of disciplinary proceeding in the armed forces and are usually limited to minor violations. A more serious offense will be handled through a formal court-martial. If a service member does not want to accept Article 15 penalties, they can request a court-martial, but this may result in more severe consequences. A service member should discuss the pros and cons of going to a court-martial with an attorney. (Read more here about courts-martial.)

Technically, imposing penalties under Article 15 in the Army and the Air Force requires proof of a violation beyond a reasonable doubt. Imposing penalties under Article 15 in the Navy and the Marines, by contrast, requires clear and convincing proof, which is a lesser standard. In reality, commanders often do not carefully consider the meaning of various standards of proof in imposing penalties.

A military service member may be able to have their record of an Article 15 violation removed if they do not commit any more violations for a certain time. This might be two years if the Article 15 was filed at the Judge Attorney General office on a military base. Otherwise, an Article 15 violation can affect their future access to security clearances, as well as their chances of obtaining a promotion or certain types of assignments. Sometimes getting a promotion can wipe out a record of an Article 15 violation as well.

If you were arrested during the events that resulted in Article 15 penalties, you may face consequences in your civilian life. This is because arrests may be reported to the FBI. You can ask your commander to help you ask the FBI to remove the record of your arrest, or you can submit a request under privacy laws. As noted above, Article 15 does not result in a criminal record, so you should not face the same types of obstacles that people with convictions in a civilian court often face.

An Article 15 case may be referred to a less formal type of court-martial, known as a summary court-martial. If you do not want your case to be decided at a summary court-martial, you have the right to refuse it. 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. You can see the evidence against you before the proceedings begin, as well as the nature of your charge and the names of your accuser and prosecution witnesses. You can ask for a spokesperson or other service members to speak on your behalf. However, a single officer will evaluate the evidence and make a decision. 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.

Military service members have a limited set of rights at a summary court-martial. They will be allowed to present witnesses and evidence, and they are free to remain silent without an inference of their guilt. They have a right to know the maximum possible sentence before the proceedings begin, and they can plead guilty or not guilty. They also have a right to make a statement or present further evidence to support a reduction in their penalties if they are found guilty. (They can ask to defer any part of their sentence that involves confinement.) They have a right to appeal if they are found guilty, using a copy of the trial record. The Military Rules of Evidence apply in these proceedings, so there are limits on the admissibility of evidence that are similar to the limits in civilian courts.

Last reviewed October 2022

Here are the basic rules and regulations for how an Article 15 should be processed.

Article 15, UCMJ, allows a commander to impose punishment without the necessity of a trial. This is called nonjudicial punishment. In the sea-services, you will hear the procedure referred to as Captain’s Mast (or Admiral’s Mast) or Office Hours in the Marine Corps.

An Article 15 hearing is not a conviction—it is an administrative punishment. If you have been investigated by any MCIO and the case has been disposed of at NJP, there still may be a record of that arrest and the charges in the federal database of arrests and convictions  Sometimes an Article 15 for those allegations is reported as a conviction. You should check for this, especially when applying for a job that wants to know about any prior military service. There is a process to have inaccurate records corrected.

There is a statute of limitations for Article 15—punishment cannot be imposed more than two years after the alleged misconduct. However, it may be the situation where it’s a good idea to waive the limitation, especially if you are at Article 15 for relatively serious offenses that could result in a very significant punishment at court-martial. Give us a call to discuss.

The process starts with notification of the action. In the Army and Air Force they refer to this as the first reading. Here you will get a copy of the allegations, told of your rights, and begin preparations. You should also get a copy of the evidence that the commander will rely on to decide if you should be punished. These are legal rights listed in the Manual for Courts-Martial that any military defense counsel should know about.

Just like at court-martial, you can be punished under Article 15 for any offense regardless of when and where you are alleged to have committed it. So, you can be punished for conduct off-duty, off-base, and out of uniform.

One of your rights is to decline punishment. If you do this the commander has several options: dismiss the allegations, give you a warning and move on, or proceed to court-martial; or proceed to an administrative discharge proceeding. You should talk with us before you refuse Mast—the strengths and weaknesses of your case need to be assessed and balanced against the risks at court-martial where the punishments are more severe. Many times, the person is accused of some minor offenses to which they have a defense, but when they refuse Mast a more detailed investigation is done, and more serious charges uncovered which “hurts” at a court-martial and the likelihood of a conviction goes up.

Keep in mind that the standard of proof in the Army is beyond reasonable doubt, the same as at court-martial. The Navy and Marine Corps use a lower standard of 'by a preponderance' we think you did it.

Punishments are limited and usually consist of a reduction, forfeitures, extra duty (usually up to three hours after the normal work day), and restriction. Keep in mind that some punishments are limited based on your rank and the rank of the commander. Also, it is not uncommon to have all or part of the punishment suspended for up to six months—if you are a first-timer, you are "liked" by your leadership, and your leadership advocate for you.

Being placed on liberty risk is not a punishment that can be imposed at Article 15, although it may become a consequence if you continue to get in minor trouble. Being on liberty risk is not being restricted as a punishment.

An administrative discharge is not a punishment although it is not uncommon for the commander to state you will be processed for administrative separation as part of announcing the punishment.

We have helped many service-members prepare a package for presentation to the commander in advance of a NJP hearing. Part of that package can include legal arguments why you have not committed an offense according to the UCMJ or why your character is so good you should be treated leniently.

If you are punished, you can appeal. The appeal must be done within five days unless you can a delay request approved. If you appeal, any restriction and hard labor is delayed pending an answer on the appeal. We have helped many service-members prepare an appeal package. You can appeal because the punishment was unjust (you didn’t do it) or the punishment is too severe.

A little known, but for us often used, is a process for the set-aside or remission of punishment. The key here is that it usually must be requested within four months of the punishment being announced. As a staff judge advocate I have recommended a set-aside when more than four months have passed in a really meritorious case.

For better or worse, non-judicial punishment (NJP) is exactly what the name implies. As authorized by Article 15 of the Uniform Code of Military Justice, a commander may discipline their troop without the need for a court-martial.

On the one hand, a commander is keeping things at the lowest level possible and punishments can only be so extreme (depending on the type of NJP, of course). On the other, due process is sidestepped and the judge, jury, and executioner is a single person.

But there are a few ways to make sure your Article 15 process goes as smoothly as possible. Here’s what you shouldn’t do:

Don’t think not signing means you’re in the clear

It’s an embarrassingly common misconception. Some people think that signing an Article 15 is an admission of guilt. It’s not. It’s just saying that you agree to go down that route. More often than not, depending on the circumstances, you’ll want to just take the NJP.

Escalating the hearing to court-martial means that you’re putting yourself at risk of confinement and possibly an administrative discharge. If you are facing just a summarized Article 15 (the least severe of NJPs), the most you can get is 14 days of extra duty, 14 days of restriction, and an oral reprimand.

Don’t cry for a lawyer

Your civil rights are still a thing when facing a NJP, but it’s not always the best course of action to call for a lawyer when the punishment can be kept in house. You are allowed legal representation (if you’re not facing the extremely light summarized), but remember, you’re not convincing a military judge who has heard many trials.

Instead, you’re trying to convince your commander who has long been with you and should (probably) know who you are as a troop by now. You may bring spokesmen, evidence, and witnesses and you should probably let the person who knows the commander best do all the talking.

Don’t mouth off to your commander

Now is not the time to pop off with an attitude. If you know with 100% certainty that you are innocent, explain the situation as calmly and soundly as possible. If you know you’re guilty and the commander has you dead-to-rights, then don’t dig your grave deeper.

Actual judges and justices must hide emotion and let the facts do the talking. Your commander doesn’t want the unit to look bad and is doing what they must. The fact that they allowed you to just take an Article 15 instead of automatically going to court-martial means they’re at least a little bit on your side.

Don’t scoff at the chance of a suspended punishment

Another element unique to an Article 15 is that the commander may suspend the punishment. Meaning, if they choose, a commander can put you on probation without any actions taken against you. This probation can last up to six months and, at the end of those six months, the commander may believe your punishment was paid for with a very stern lecture (if your behavior’s been good).

Thank your commander if they give you this option and keep your word when you say, “it’ll never happen again.” One slip up and your actual punishment begins. This could even happen for something small, like being a minute late to PT formation.

If you feel you were unjustly punished, don’t forget to appeal

But let’s not give every single commander the benefit of the doubt. We’ll admit it; there are bad apples who may drop the hammer for a slight infraction because they hold a grudge against you. You always have the right to appeal the verdict, escalating the issue to the next highest level.

If you appeal within five days, your case will be brought higher. Worst case scenario, your appeal gets denied. If it gets accepted, then the worst case is that your punishment stays the same. You don’t really have anything to lose by appealing.

After two years (or you PCS/ETS), don’t bring it up again

This final tip is for E-4 and below. After two years (or if you PCS/ETS), an Article 15 is destroyed and can’t be used against you.

E-5 and above, unfortunately, have the Article 15 on their record forever (unless you have it expunged). If you messed up as an E-3, took it on the chin like an adult, and now you’re thinking of staying in, just keep that embarrassing blemish on an otherwise clean career to yourself and nobody will give a damn.