Legal Definitions - Article 15

Article 15 refers to a specific provision within the Uniform Code of Military Justice (UCMJ) that allows military commanding officers to impose minor punishments for infractions without resorting to a formal court-martial.

This type of punishment is known as nonjudicial punishment because it does not involve a judge or jury trial. It is typically used for minor offenses that do not warrant the severity and formality of a court-martial. A service member facing an Article 15 generally has the right to refuse it and demand a court-martial, except when aboard a vessel. Punishments can include things like reduction in rank, forfeiture of pay, extra duty, restriction to specific areas, or a formal reprimand.

• Example 1: Repeated Tardiness for Duty

  A junior enlisted service member consistently arrives late for morning formation and fails to maintain their assigned equipment properly, despite repeated verbal warnings from their immediate supervisor. Their commanding officer decides to impose an Article 15. The punishment might include a temporary restriction to the barracks, extra duty assignments for a period, and a formal letter of reprimand placed in their service record. This illustrates an Article 15 being used for minor disciplinary issues that disrupt unit readiness but aren't severe enough for a full court-martial.

• Example 2: Negligence in Equipment Accountability

  An officer in charge of a supply section fails to conduct a required inventory check for several weeks, resulting in a temporary inability to account for some non-sensitive but valuable government property. Although no property was stolen or permanently lost, the lapse in oversight is a violation of regulations. The officer's commanding officer initiates an Article 15, which could result in a forfeiture of a portion of their pay for two months and a formal letter of admonition. This demonstrates an Article 15 addressing a lapse in professional responsibility and negligence without the need for a more severe judicial process.

• Example 3: Minor Altercation Off-Base

  Two service members get into a minor physical altercation at an off-base establishment, causing no serious injuries or property damage, and local law enforcement issues only a warning. While the incident reflects poorly on military discipline, it doesn't meet the threshold for a civilian criminal charge or a serious military offense requiring a court-martial. Their commanding officer may impose an Article 15, leading to a reduction in rank for both individuals and a period of extra duty to reinforce discipline. This shows an Article 15 being applied to maintain good order and discipline for an incident that occurred outside of official duty but still reflects on the military.