Facing an Article 15 (nonjudicial punishment) in the military can be an overwhelming and confusing experience. Many service members aren’t sure how to respond and end up making mistakes that hurt their case. In this blog post, we’ll discuss some common mistakes to avoid when you’re facing an Article 15 and how to handle the situation the right way. The goal is to help you protect your career and rights – and remind you that you don’t have to go through it alone. Always remember: you have the right to seek legal counsel (like the attorneys at NSLF) and doing so early can make a huge difference. Let’s break down the big mistakes and how to avoid them.
Not Seeking Legal Counsel Early
One of the most critical mistakes service members make is waiting too long to consult a legal professional. It’s understandable – you might think an Article 15 is “no big deal” or assume you can handle it on your own. However, delaying talking to an attorney can seriously hurt your chances of a favorable outcome. The Article 15 process moves quickly, and important decisions (like accepting the Article 15 or demanding a court-martial) often have tight deadlines. Without legal advice, you might waive rights or make statements that undermine your defense. In fact, military legal experts stress that you should consult an experienced defense attorney as soon as you’re notified of an Article 15. A lawyer can explain your options, help you prepare evidence, and ensure you don’t inadvertently incriminate yourself.
How to avoid this mistake: Get legal counsel immediately. The moment you suspect you might be facing an Article 15 (or as soon as you receive the notification), reach out to a military defense attorney. This could be a Judge Advocate General (JAG) defense counsel or an experienced civilian military law attorney from an organization like NSLF. Early legal guidance means you’ll understand your rights and the best strategy from day one. Your attorney can communicate with your command on your behalf and help you make informed choices. Remember, having knowledgeable representation is crucial for navigating the complexities of military law, and it often leads to better outcomes. Don’t wait until it’s too late – a quick consultation can prevent costly missteps.
Underestimating the Consequences
Another common mistake is thinking that an Article 15 is “just a minor slap on the wrist.” It’s true that an Article 15 is not a criminal conviction, but that doesn’t mean it’s consequence-free. Service members often focus only on the immediate punishment (like extra duty or loss of pay) and overlook the long-term impact on their career. An Article 15 can significantly alter the trajectory of your military career. For instance, it typically becomes part of your service record – and if you’re an NCO or officer, it may be filed in your Official Military Personnel File where future promotion boards and commanders will see it. Here are some potential long-term consequences if you receive an Article 15:
- Delayed or Denied Promotions: Promotions can be put on hold or even denied altogether. An Article 15 reflects negatively on your record and can make you ineligible or less competitive for promotion. Even once you’re eligible again, that mark on your record could cause a board to favor someone else over you.
- Hindered Reenlistment or Retention: In some cases, especially if you accumulate multiple Article 15s, you might be barred from reenlisting. Commanders may view you as a high risk for future misconduct. It can even trigger an involuntary separation if the command believes your behavior won’t improve.
- Loss of desirable assignments or schools: An Article 15 can knock you off track for special schools (like Ranger School or professional development courses) or prevent you from holding certain leadership positions. It can also damage the level of trust your superiors have in you, limiting opportunities for prestigious or sensitive assignments.
- Impact on Benefits and Post-Military Career: While an Article 15 itself isn’t a civilian criminal record, the loss of rank or early separation that might result will affect your pay, benefits, and resume. For example, a reduction in rank means lower lifetime retirement pay if you stay in. And if you leave the service with a disciplinary record, it could sour references for civilian jobs.
In short, don’t underestimate the Article 15’s ripple effect. Beyond the immediate punishment, the damage to your reputation and career can be lasting. It’s a big deal – promotions, assignments, and even your ability to stay in the military can all be at stake. To avoid this mistake, treat an Article 15 with the seriousness of a court case, because in the military world, it essentially is. Take proactive steps to defend yourself (which includes the next points about mitigation and appeals) rather than just accepting it and hoping it “won’t matter later.” By being vigilant, you can often reduce the long-term fallout.
Failing to Present Strong Mitigating Factors
When facing an Article 15 hearing, you have the right to present evidence in your defense, as well as extenuating and mitigating factors. Yet a frequent mistake is that service members don’t take advantage of this opportunity – they either stay silent or provide only a minimal statement. Skipping the chance to share your side of the story and highlight your good qualities is a huge missed opportunity. Remember, your commander hasn’t made a final decision yet during the hearing. How you present yourself and what information you provide can influence the outcome. Presenting strong mitigating factors (such as character references and evidence of your good service record) can sometimes convince the command to lessen the punishment or even decide you deserve a second chance.
What are mitigating factors? Mitigating factors are basically reasons why the punishment should be lighter, given who you are and the circumstances of the offense. These can include positive aspects of your character, your service history, and any extenuating circumstances that explain what happened. Here are a few steps to make a strong presentation:
- Gather character statements: Ask for character reference letters or statements from people who can vouch for you. This might be a platoon sergeant, a commander from a previous unit, or anyone senior who knows your work ethic and integrity. A good word from respected leaders about your reliability and dedication can carry weight. It shows that your current predicament is out of character for you.
- Highlight your service record: Provide copies of or point out your awards, positive NCOER/OER bullets, commendations, or other achievements. If you’ve been an honor grad of a course, got high PT scores, or received letters of appreciation, bring that up. Your goal is to remind the decision-maker that you have been a valuable troop and that one mistake shouldn’t overshadow your contributions.
- Explain extenuating circumstances (if any): If there were any factors that led to the incident which the commander might sympathize with, politely explain them. For example, if you were under extreme personal stress (family issues, health problems, etc.) or if there was confusion/miscommunication that contributed to the offense, this is the time to say so. Be careful not to make excuses or dodge responsibility entirely – rather, provide context that might make the incident more understandable.
- Show remorse and willingness to improve: If you did commit the infraction, accepting responsibility and showing genuine remorse can be mitigating. You might state what you’ve learned from this, and mention any steps you’ve already taken to correct the issue (such as seeking counseling, training, or mentoring). The goal is to convince the commander that you recognize any mistakes and are proactively improving, so a lighter punishment could be justified.
Don’t skip this process. Going into an Article 15 hearing and saying “No statement” or “I have nothing to add” is rarely in your best interest. Even if you think it’s an open-and-shut case, giving the commander positive information about you can only help. In fact, defense resources often emphasize preparing witness statements, character references, and any evidence of mitigating circumstances to support your case. It might feel awkward to toot your own horn or ask others for letters, but this is about saving your rank and career – it’s worth it. If you have an attorney (highly recommended), they can help you compile a strong packet of mitigation evidence and present it effectively. By showcasing your good character and service, you increase the chances of a more favorable outcome (such as a reduced punishment). Don’t be the person who later says, “I wish I had shown them all the good things I’ve done.” Do it when it counts!
Not Appealing When There Are Grounds to Do So
After an Article 15 decision is made and punishment is given, many service members think the matter is completely closed. They begrudgingly accept the result, even if they feel it was unfair – often because they don’t realize they have the right to appeal or they assume an appeal won’t help. Failing to appeal when you have valid grounds is a mistake that could cost you a chance to overturn an unjust outcome or at least reduce the punishment. Appealing an Article 15 is your opportunity to have a higher commander review the case and potentially fix any errors or excessive penalties.
First, know that you do have the right to appeal an Article 15 finding and/or the punishment, as long as you submit it within a short window (usually 5 days). This deadline is critical – you can’t come back a month later and ask for an appeal. Many times, people are so stressed or embarrassed by the situation that five days fly by and they never act. Don’t let that happen if you believe the Article 15 ruling was unjust. If you’re unsure, it’s often wise to indicate your intent to appeal within the 5-day period (you can always withdraw it later, but you can’t appeal late).
You should consider an appeal if any of the following grounds apply.
- Lack of sufficient evidence: You honestly believe that the evidence presented during the Article 15 hearing did not prove you committed the offense. Perhaps witnesses were unreliable or there were no solid facts, yet you were still found guilty. This is a valid reason to appeal – essentially arguing that the commander’s decision was not supported by the evidence.
- Excessively harsh punishment: Maybe you admit some wrongdoing, but you feel the punishment is too severe for the offense. For example, perhaps others got lighter penalties for similar infractions, or the command gave you the maximum punishment for a minor incident. On appeal, a higher commander could decide to reduce a punishment they deem disproportionate.
- Procedural errors or rights violations: Article 15 proceedings have rules – if the command did not follow proper procedures, it can be grounds for appeal. For instance, if you weren’t given the chance to speak or present evidence, or if paperwork was mishandled in a way that prejudiced your case, these are important details to note. Any violation of your rights in the process is serious and a valid point to raise.
When writing an appeal, you (and ideally your legal counsel) will draft a memorandum stating why you believe the original decision should be reconsidered. Be clear and specific about what was unfair or incorrect. This is where having an attorney is extremely helpful – they know the right language to use and which points are most persuasive. Many service members skip appeals because they fear retaliation or think “it won’t change anything,” but appeals can and do succeed. In fact, by regulation, the appeal authority (the next higher commander) can overturn the guilty finding or reduce the punishment. They cannot increase your punishment on appeal, so you have nothing to lose by trying. Even if the appeal only results in a slightly reduced punishment, that’s still a win for your career and record.
To avoid the mistake of missing an appeal: act quickly if you believe something was unjust. Even if you’re on the fence, submit the intent to appeal to preserve your right, and consult a lawyer immediately. Organizations like NSLF can assist in evaluating your case and writing a strong appeal on your behalf. The key is not to surrender your fate without using every tool available. Appealing is a chance for a “second look” – take it when you have grounds. You’d be surprised how often a fresh set of eyes higher up the chain may agree that something was off and grant relief. Don’t kick yourself later for not appealing when you could have.
Don’t Face Article 15 Alone: Get Help from NSLF
An Article 15 can be one of the most stressful events in a military career – but you don’t have to go through it alone, and you shouldn’t risk handling it without expert guidance. As we’ve highlighted, each stage of the Article 15 process comes with pitfalls you want to avoid. The common theme in avoiding all these mistakes is seeking knowledgeable help and taking action early. This is where the National Security Law Firm (NSLF) comes in. NSLF’s attorneys are experienced in military law and have helped many service members navigate Article 15s, administrative actions, and courts-martial. We understand what’s at stake for you and your family.
Before making any costly mistakes, reach out to NSLF for a consultation. Getting advice sooner rather than later can be the difference between salvaging your career or facing long-term consequences you’ll regret. Our team can guide you on whether to accept or refuse the Article 15, help you prepare compelling mitigating evidence, and assist in drafting appeals if necessary. Most importantly, we will stand by your side, protect your rights, and fight for the best possible outcome.
If you’re facing an Article 15 or even suspect you might, contact NSLF now. Don’t wait until you’ve already made a misstep or let deadlines pass. Our mission is to support service members like you. We offer the experienced counsel and steadfast advocacy you need during this challenging time. Let us help you navigate the process and avoid the common mistakes that others have made. With NSLF in your corner, you can approach your Article 15 with confidence and ensure that your voice is heard and your rights are defended.
Remember: Your military career and reputation are on the line – take control of the situation by getting the right help. Reach out to NSLF today and let us help you protect your future before it’s too late.
Cost of Hiring a Lawyer for Your Article 15 Case
At National Security Law Firm, we provide clear, upfront pricing so you know exactly what to expect. If you’re facing Article 15 (Non-Judicial Punishment), we offer a flat fee of $2,500, which includes:
✅ Thorough Case Investigation – We analyze the allegations, gather evidence, and assess the strength of your case.
✅ Preparation & Strategic Planning – We craft a compelling defense, including written responses, mitigating evidence, and witness statements.
✅ Representation at the Article 15 Hearing – We advocate for you during the proceedings, working to minimize penalties or even get the charges dropped.
✅ Guidance on Article 15 vs. Courts-Martial – We help you understand your rights, the potential consequences of each option, and whether rejecting Article 15 in favor of a courts-martial is the right choice for your case.
Learn More About Article 15 Defense
Choosing NJP or court-martial is just the first step. To truly maximize your chances of a favorable outcome, you need to understand the best legal defenses, how to minimize penalties, and what mistakes to avoid. Visit our comprehensive Article 15 resource page to learn about:
- Winning strategies for NJP hearings
- Common defenses that can beat an Article 15
- How to negotiate the best possible outcome
- The true cost of an NJP vs. a court-martial
- Mistakes that get service members kicked out—and how to avoid them
Why Choose National Security Law Firm?
When facing NJP or a court-martial, experience matters. The attorneys at National Security Law Firm are not just skilled military defense lawyers—we are battle-tested litigators with real-world experience in military justice. Here’s why service members trust us:
✅ Decades of Military Law Experience: Our team consists of former JAG officers, military prosecutors, retired federal judges, and defense attorneys who have handled thousands of cases like yours.
✅ Aggressive, Strategic Defense: We don’t back down. Our attorneys develop calculated strategies to maximize your chances of avoiding conviction, reducing penalties, or winning outright acquittals.
✅ Insider Knowledge of Military Justice: With extensive experience advising commands on Article 15 and court-martial procedures, we know how the military prosecutes these cases—and we use that knowledge to your advantage.
✅ Personalized Legal Guidance: No two cases are the same. We provide tailored legal strategies, ensuring that your defense is built around the specific facts of your case.
You’ve given your service to this country. Now let us serve you by protecting your rights, your career, and your future.
Don’t Make This Decision Alone—Get Experienced Legal Advice Now
You have a limited time to decide whether to accept NJP or demand a court-martial. Making the wrong choice could cost you your career, your benefits, or even your freedom. Don’t take that risk without talking to an experienced military defense lawyer.
At National Security Law Firm, we provide confidential consultations to help you understand your options and develop a game plan. Call us today at (202) 600-4996 or schedule a free consultation online: Book Now.
We also offer legal financing options allowing you to pay your legal fees over monthly installments.
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