What Happens When You Get an Article 15? Understanding Army Nonjudicial Punishment
By Natalia Helmsing | Helmsing Military Law, PLLC
Updated September 2026
Receiving an Article 15, also called nonjudicial punishment (NJP), does not mean you have been convicted at a court-martial. Article 15 of the Uniform Code of Military Justice allows commanders to address certain misconduct without conducting a criminal trial. But an Article 15 can still affect a Soldier's rank, pay, liberty, military record, promotion prospects, and career.
For many Soldiers, the most important decisions occur before the Article 15 hearing ever begins: whether to demand trial by court-martial, whether to make a statement, what evidence to present, and how to address both guilt and potential punishment. Those decisions should be made after understanding both the evidence against you and the consequences of each available option.
What Is an Article 15?
Article 15, UCMJ, authorizes a commander to impose certain disciplinary punishments for misconduct without a court-martial. In the Army, the procedures are primarily governed by Article 15, UCMJ; Part V of the Manual for Courts-Martial; and AR 27-10, Military Justice.
An Article 15 is more serious than ordinary administrative corrective measures such as counseling, but it is fundamentally different from a criminal trial. There is no military judge or panel deciding the case. The commander determines whether the allegation is proven and, if so, what punishment is appropriate.
What Happens When You Are Offered an Article 15?
In a formal Army Article 15 proceeding, the Soldier must be notified of the offenses allegedly committed and the maximum punishment the commander could impose. The Soldier must also be provided a copy of DA Form 2627 and the supporting documents and statements that will be considered during the proceeding.
The Soldier must be advised of several important rights, including the right to:
remain silent;
examine the available evidence;
consult with counsel;
demand trial by court-martial instead of accepting Article 15 proceedings;
present witnesses and other evidence;
present matters in defense, extenuation, and mitigation;
request a spokesperson;
request an open hearing; and
appeal if punishment is imposed.
For formal proceedings, AR 27-10 provides a reasonable decision period to consider whether to demand trial and to consult with counsel. Normally, 48 hours is considered reasonable, although the circumstances of the case and availability of counsel can justify additional time.
Can You Refuse an Article 15?
In most cases, yes.
Article 15 itself provides that, except for servicemembers attached to or embarked in a vessel, NJP may not be imposed if the servicemember demands trial by court-martial before punishment is imposed. Army regulations likewise require Soldiers to be advised of the right to demand trial. But demanding trial by court-martial is not simply a way to make the Article 15 disappear. If a Soldier demands trial, the command may decide to prefer charges for court-martial, pursue another authorized disposition, or take no further punitive action. AR 27-10 expressly provides that whether charges will actually be preferred (and what level of court-martial would be used) is a separate decision made after the Soldier's demand.
That makes the decision highly case-specific.
At an Article 15, the commander uses the preponderance of the evidence standard. At a court-martial, the government must prove guilt beyond a reasonable doubt, but the potential consequences of a court-martial can be substantially more serious. A useful evaluation therefore looks beyond the simple question, “Do I think I am innocent?” It considers the strength and admissibility of the evidence, the elements of the alleged offense, likely witnesses, possible defenses, the potential court-martial exposure, and the Soldier's career circumstances.
Importantly, choosing not to demand trial is not itself an admission that the Soldier committed the offense. A Soldier may accept the Article 15 forum and still contest guilt and present evidence in defense.
Do You Have the Right to Remain Silent?
Yes.
AR 27-10 requires Soldiers in formal Article 15 proceedings to be informed that they are not required to make a statement concerning the alleged offenses and that anything they do say can be used against them during the Article 15 or in another proceeding, including a court-martial.
Whether to submit a statement is therefore a strategic decision that you can discuss with your attorney.
Sometimes a Soldier's explanation resolves a factual misunderstanding or supplies important context missing from an investigation. In other cases (particularly where there may be continuing criminal exposure) a poorly considered statement can create additional problems.
Can a Civilian Attorney Represent You During an Article 15?
A Soldier may retain civilian counsel at the Soldier's own expense to advise and assist with an Article 15.
AR 27-10 specifically permits civilian counsel to attend an Article 15 hearing as the Soldier's spokesperson. The proceeding remains non-adversarial, however, so the attorney does not have the same courtroom role that defense counsel would have at a court-martial. The commander is not required to delay the proceeding merely to accommodate the spokesperson's appearance, and neither the Soldier nor the spokesperson has an automatic right to cross-examine witnesses.
The more substantial work often occurs before the hearing: analyzing whether the alleged facts actually establish a UCMJ offense, reviewing the government's evidence, deciding whether to demand trial, identifying favorable witnesses and documents, and preparing matters in defense, extenuation, or mitigation.
The Army's own Trial Defense Service describes these same functions as central to Article 15 representation, including evaluating charges and evidence, locating defense witnesses and documents, preparing mitigation and extenuation, and assisting with appeals.
What Happens at the Article 15 Hearing?
If the Soldier does not demand trial, the commander considers the evidence. The Soldier ordinarily has an opportunity to personally appear before the imposing commander, present witnesses and documents, discuss the allegations, and present matters in defense, extenuation, and mitigation. Those categories serve different purposes.
Defense addresses whether the Soldier committed the offense at all.
Extenuation explains circumstances surrounding the offense that may make the conduct less serious.
Mitigation addresses why less punishment (or no punishment) would be appropriate based on matters such as the Soldier's record, performance, character, rehabilitation, or other relevant circumstances.
The commander is not bound by the Military Rules of Evidence in the same way a court-martial would be and may consider information the commander reasonably believes relevant. Before finding the Soldier guilty, however, the commander must be convinced by a preponderance of the evidence that the Soldier committed the offense. If the commander concludes that NJP is not warranted, the proceeding must be terminated and the copies of the DA Form 2627 destroyed.
What Is the Difference Between a Company-Grade and Field-Grade Article 15?
The primary difference is the amount of punishment available to the commander.
For enlisted Soldiers, a company-grade Article 15 can generally include punishments such as:
extra duty for up to 14 days;
restriction for up to 14 days;
forfeiture of up to 7 days' pay;
reduction of certain Soldiers by one grade; and
an admonition or reprimand.
A field-grade Article 15 carries significantly greater potential punishment, including:
extra duty for up to 45 days;
restriction for up to 60 days;
forfeiture of up to one-half month's pay per month for two months; and
reduction in grade when authorized by the commander's promotion authority and the Soldier's grade.
Different limits apply to officers and to certain grades and components, so the exact punishment exposure should be determined from the Soldier's particular circumstances. AR 27-10, table 3-1.
What Standard of Proof Applies at an Article 15?
The Army uses preponderance of the evidence.
That means the commander must conclude that the greater weight of the evidence establishes that the Soldier committed the offense.
This distinction can be especially important when deciding whether to demand trial by court-martial, because the criminal standard at court-martial is substantially higher.
Will an Article 15 Go in Your Permanent Record?
That depends heavily on the Soldier's grade and the type of offense.
For Soldiers who are SPC or CPL and below at the time of punishment, the original DA Form 2627 is generally filed locally and ordinarily destroyed after two years or upon certain permanent transfers, whichever occurs first.
For other Soldiers, including NCOs and officers, the commander generally decides whether the DA Form 2627 will be filed in the performance or restricted portion of the Army Military Human Resource Record (AMHRR). The performance portion is routinely used by career managers and selection boards for matters such as promotion, assignment, and schooling. The restricted portion is not normally viewed by those authorities except under specified circumstances, including consideration of a servicemember for a specialized unit or a position of higher trust, and for officers when being considered for promotion to field grade ranks or above. Permanently filed Article 15s can also be used to trigger the Qualitative Management Program or QMP for senior enlisted members.
There are important exceptions. For example, an Article 15 containing a guilty finding for certain sex-related offenses must be filed in the performance portion of the AMHRR regardless of grade.
For an NCO or officer, the filing decision can therefore be nearly as important to the long-term career consequences as the punishment itself.
Will You Be Flagged for an Article 15?
Yes. Army regulations require a nontransferable adverse-action Flag, code A, when Article 15 proceedings are initiated. The Flag suspends favorable personnel actions while the adverse action is pending.
A Flag is not itself punishment and does not establish guilt. It is an administrative mechanism used while the proceeding remains unresolved.
Can You Appeal an Article 15?
Yes.
Article 15 expressly permits a servicemember who believes the punishment is unjust or disproportionate to appeal through the proper channel to the next superior authority.
Under AR 27-10, an appeal submitted more than five calendar days after punishment is imposed is presumed untimely, although a superior commander may accept a later appeal for good cause. Only one Article 15 appeal is authorized.
The Soldier does not have to state specific grounds, but an appeal can argue, for example, that:
the evidence does not establish guilt;
a legal or procedural error occurred;
the punishment is excessive;
part of the punishment should be suspended or mitigated; or
relevant evidence was not properly considered.
The appellate authority may conduct an independent inquiry and may exercise the same powers to reduce, suspend, remit, or set aside punishment available to the appropriate commander. Certain appeals must also receive review by a judge advocate.
Because the appeal deadline is short, the factual and legal issues should usually be identified before the Article 15 hearing rather than for the first time after punishment has already been imposed - a qualified attorney does just that.
Frequently Asked Questions About Article 15s
Is an Article 15 a criminal conviction?
No. An Article 15 is nonjudicial punishment, not a conviction by court-martial. It can nevertheless have significant military personnel and career consequences.
Does accepting an Article 15 mean I am admitting guilt?
No. Electing not to demand trial by court-martial does not prevent a Soldier from contesting the allegations and presenting evidence in defense at the Article 15 hearing.
Can I see the evidence against me?
In formal Army Article 15 proceedings, the Soldier must be provided the DA Form 2627 and supporting documents and statements for use during the proceeding and has the right to examine available evidence.
Can I bring witnesses?
Yes, subject to reasonable-availability limitations. The Soldier may present reasonably available witnesses and other evidence in defense, extenuation, or mitigation.
Can a civilian attorney attend the Article 15 hearing?
Yes. AR 27-10 permits a Soldier to retain civilian counsel at no expense to the government to attend as a spokesperson. The Article 15 remains a nonadversarial proceeding, and counsel does not automatically receive the same participation or cross-examination rights that would exist at a court-martial.
Should I demand trial by court-martial?
There is no universal answer. The decision should account for the evidence, available defenses, elements of the alleged offenses, Article 15 punishment exposure, possible court-martial exposure, filing consequences, and the Soldier's broader military career.
Demanding trial can be the right decision in some cases and an unnecessarily risky one in others. It is one of the most consequential decisions in the Article 15 process and is ordinarily worth evaluating with counsel before the election deadline.
Facing an Article 15?
An Article 15 is designed to be faster and less formal than a court-martial, but the decisions made during that short process can affect rank, pay, military records, and future career opportunities.
Understanding the evidence, the alleged offenses, the choice between NJP and trial, and the possible filing consequences before making an election can materially change how a case is approached.
Helmsing Military Law represents servicemembers facing Article 15 proceedings and other military administrative and disciplinary actions.
This article provides general information about military law and does not constitute legal advice for any particular case. Article 15 procedures and consequences can vary based on military service, rank, component, command authority, alleged offenses, and other circumstances. Reading this article or contacting the firm does not by itself create an attorney-client relationship.