Can you get an article 15 and court-martial?

Can you get an article 15 and court-martial?

The authority for commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial.

Can you appeal an Article 15?

Any Soldier punished under Article 15, UCMJ, who considers the punishment unjust or disproportionate has the right to appeal to the next superior authority.

Is an Article 15 A UCMJ?

UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. When faced with a UCMJ Article 15, Servicemembers have a right to demand trial by court-martial, to appeal the non-judicial punishment, or to accept it.

What is Article 13 of the UCMJ?

Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier’s presence at trial.

Where can I find the UCMJ Article 15?

This material appeared in the June 2014 issue of On Watch (Volume XXV No.2). The PDF version of the issue is available in the On Watch archive, and a stand-alone memo version is pending. In this article I will be discussing an important area of the UCMJ, Article 15 (NPJ: Non-Judicial Punishment) 1.

What’s the difference between Article 15 and NJP?

An important note – different terms are used by different branches of the military to describe NJP. The Army and Air Force normally refers to it as an “Article 15,” while the Marines refer to it as being “NJP’d” or being “sent to office hours.”

Can a NJP be given after a court martial?

NJP cannot be given for an offense for which a servicemember has already been punished; however, a subsequent court-martial for the same offense is still allowed. 8. Commanders have significant discretion to decide if NJP is appropriate.

Can a NJP case result in jail time?

And most importantly, a “conviction” in an NJP proceeding is not a conviction under federal or state law. With regard to the experience of punishment that can be imposed under NJP, in the Army, unlike other branches, is very unlikely to impose confinement (jail time) as a punishment.