What Is Nonjudicial Punishment?

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Nonjudicial punishment (NJP) is a disciplinary process that allows commanders to address misconduct without sending a service member to court-martial. It is faster, less formal, and designed to correct behavior at the unit level, but the consequences can still affect rank, pay, duties, and future career opportunities. Whether you’re facing NJP in Colorado Springs or anywhere you’re stationed, understanding how it works helps you make informed decisions from the start.

Why NJP Matters and How It Impacts Your Career

NJP—known as Article 15 in the Army and Air Force, Captain’s Mast in the Navy and Coast Guard, and Office Hours in the Marine Corps—allows commanders to impose punishment for minor misconduct. It does not result in a criminal conviction, but the consequences can follow you through evaluations, promotion boards, and reenlistment decisions.

Because NJP happens quickly and gives commanders broad discretion, many service members feel pressured to accept it without fully understanding their rights. But what you do at this stage can influence whether the allegation escalates, whether you retain your rank, and whether your record reflects sustained misconduct or a one-time mistake.

What Counts as Nonjudicial Punishment Under the UCMJ?

NJP is used for offenses that do not warrant the formality of a court-martial but still require corrective action. These can include:

  • Disrespect toward NCOs or officers
  • Failure to report
  • Minor theft or property damage
  • Alcohol-related misconduct
  • Misuse of government property
  • Violations of lawful orders

NJP is not limited by the type of offense but by the commander’s judgment about whether the matter can be handled within the unit rather than through criminal prosecution.

Your Rights Before Accepting NJP

One of the most misunderstood aspects of NJP is that you have the right to refuse it—except in certain deployed or operational settings. Refusing NJP typically means the command must either drop the allegation or pursue a court-martial, which gives you significantly more rights and protections.

Before accepting NJP, you have the right to:

  • Be informed of the allegations against you
  • Review the evidence your command intends to use
  • Consult with a defense attorney
  • Request an open hearing or a closed one
  • Present witnesses or written statements
  • Make a statement on your own behalf (or decline to do so)

Understanding these rights gives you leverage. In some cases, refusing NJP leads the command to reconsider the strength of the allegation. In others, accepting it may be the strategic choice to avoid a court-martial. An attorney can help you evaluate which path supports your long-term career goals.

What Happens During an NJP Hearing

An NJP hearing is not a trial. It is a meeting with your commander, who acts as the sole fact-finder and decision-maker.

During the hearing, the commander will:

  1. Review the allegations
  2. Explain the supporting evidence
  3. Allow you to present your side
  4. Ask questions about your service record and the incident
  5. Decide whether the misconduct occurred

If the commander finds that the misconduct occurred, they decide on the appropriate punishment.

Potential Punishments Include:

  • Reduction in rank
  • Forfeiture of pay
  • Extra duties
  • Restriction to certain areas
  • Reprimand
  • Correctional custody (for some enlisted grades)

Penalties depend on the commander’s rank, your rank, and the specific branch.

How NJP Affects Your Record and Future Opportunities

Even though NJP is “noncriminal,” it can have lasting effects:

  • Promotion delays or denials: Boards see NJP as a negative mark.
  • Security clearance concerns: Repeated or serious misconduct can raise questions about trustworthiness.
  • Reenlistment challenges: Commanders may recommend separation based on NJP history.
  • Performance evaluations: A negative evaluation can follow you for years.

Some NJPs are filed in your permanent record, while others are kept at the local level. Knowing the difference—and advocating for the least damaging filing—is an important part of the defense strategy.

Appealing NJP Decisions

You have the right to appeal your commander’s decision if you believe:

  • The punishment was unjust
  • The punishment was too severe for the offense

Appeals must be filed quickly, usually within 5 days, and must clearly explain why the commander’s decision should be reconsidered. An attorney can help you craft a persuasive appeal that highlights procedural errors, weak evidence, or mitigating circumstances.

Why Legal Guidance Matters Before NJP

Many service members mistakenly believe NJP is “no big deal,” only to find out later how much it affected their evaluations and career trajectory. Commanders often move quickly, and there may be pressure to sign paperwork without fully reviewing it.

Early involvement from a military defense attorney helps you:

  • Understand whether accepting NJP is in your best interest
  • Evaluate the evidence and identify weaknesses
  • Prepare a strong written or verbal statement
  • Determine whether refusing NJP is a strategic option
  • Protect your long-term career and reputation

The choices you make at NJP can affect whether the command escalates the matter, whether you receive a fair hearing, and how the incident appears in your record.

Contact Court Martial Law Today

If you’re facing nonjudicial punishment, turn to Court Martial Law. We help service members in Colorado Springs and across the country understand their rights, assess the evidence, and make informed decisions that protect their military careers. Contact us today to get started with a skilled military defense attorney.

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