Article 15 Procedures - DEPRECATED

Commanding Officer's Non-Judicial Punishment (Article 15)

Article 15 of the Uniform Code of Military Justice (UCMJ) allows a Commanding Officer to decide the innocence or guilt of an alleged offender and administer Non-Judicial Punishment (NJP) to the offender if necessary for offenses that are minor and consequently do not require a Court Martial. These NJP are limited to specific punishments in line with the seriousness of the offense.

Limitations on Punishments

The following are the punishments allowed under an Article 15 proceeding:

1. Officers Accused of Misconduct:
   • Maximum penalty of 30 days suspension from the Regiment.
   • No favorable action for 30 days.
   • Notation on their Milpacs record.
2. Enlisted Members Accused of Misconduct:
   • Maximum penalty of 30 days suspension from the Regiment.
   • Reduction in rank by one grade for Non-Commissioned Officers.
   • Reduction in rank by one or more grades for regular enlisted members.
   • No favorable action for 30 days.
   • Notation on their Milpacs record.

Convening an Article 15 Proceeding

Investigation

An officer at the level of Platoon Leader or higher may refer an incident to their next higher in the Chain-of-Command for investigation. An officer (usually the XO) at the Company Staff level or higher must conduct an investigation before deciding to convene an Article 15 Proceeding. The investigation should ensure:

• The offense is not serious enough to exceed the limitations on punishments required for an Article 15.
• The alleged offender, accuser and any witnesses are interviewed and that brief, written summaries of the interviews are prepared.