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 not serious enough to warrant a Court Martial but exceed the purpose of a Negative Counseling Statement. These NJP are limited to specific punishments in line with the seriousness of the offense.

Definitions

• Convening Authority: Any officer at Company level or higher given the responsibility of investigating the alleged offence and making the recommendation on whether to convene an Article 15 or not.
• Presiding Authority: The officer at Company level or higher who will conduct the Article 15 hearing, decide on the guilt or innocence of the accused and administer punishment. Usually the Company or Battalion Commander. The Presiding Authority may not also be the Convening Authority.

Limitations on Punishments

The following are the only 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

An officer at the level of Platoon Leader or higher may refer an incident to their next higher in the Chain-of-Command for an Article 15.

Notification

Upon receiving the referral, the Convening Authority will notify the following:

1. The Chief Judge Advocate General: Identifying the accused and apprising them of the circumstances and nature of the offense.
2. The Accused: The accused will be notified in writing via Private Message (PM) on the forums of the following:
   • The nature of the charge(s) against them.
   • Arrangements to meet for a preliminary interview, the point of which is to hear the accused's version of events.
   • Their right to have a member of the Judge Advocate General Department present as an adviser at all interviews and the hearing.
   • A clear explanation of the Article 15 process.

Investigation

The Convening Authority will conduct a preliminary investigation as follows:

• Ensure the offense is not serious enough to exceed the limitations on punishments required for an Article 15.
• Interview the accused, accuser and any witnesses.

Based on the investigation, the Convening Authority may decide to:

• Refer the matter to Court Martial as too serious for an Article 15.
• Refer the matter to the Presiding Authority to conduct an Article 15 hearing.
• Recommend a lower form of discipline, i.e. Negative or Verbal Counseling Statement.
• Recommend the matter be dropped.