An Article 15 is a form of non-judicial punishment under the Uniform Code of Military Justice (UCMJ) that allows military commanders to punish service members for minor offenses without formally charging them at a court-martial. The purpose of Article 15 is to give military commanders a swift, efficient, and easy way to punish those committing minor offenses, maintain discipline, and deter misconduct. The punishments authorized for Article 15 are limited and generally less severe than those that can be imposed by court-martial. Unlike a court-martial, an Article 15 is not considered a conviction for a criminal offense.
If a service member is offered an Article 15, they have the right to consult with a defense attorney before deciding whether to accept it. Accepting an Article 15 does not necessarily mean admitting guilt, but it allows the commander to determine whether the individual is guilty of the alleged offenses. If the service member is found guilty, the commander will determine the punishment that will be imposed, which will be written on the Article 15 form. If the service member refuses to accept the Article 15, the government may add extra charges to the charge sheet for court-martial, even if those charges were not on the Article 15.
The main drawback of the Article 15 process for the typical service member is that the commander will decide guilt, and this commander may have a negative view of the service member that they believe makes the commander biased against them. However, in 99% of cases, service members are advised to accept the Article 15 process because it protects them from having a criminal record. If found guilty at a court-martial, they will have a criminal record that will follow them into the civilian world.
In summary, an Article 15 is a form of non-judicial punishment that allows military commanders to punish service members for minor offenses without formally charging them at a court-martial. Service members have the right to consult with a defense attorney before deciding whether to accept an Article 15, and accepting it does not necessarily mean admitting guilt.
