Usually, refusing an NJP will result in the case being moved to a court martial, which can result in a more serious sentence. An accused has the right to a personal appearance before the officer imposing punishment, they can refuse to testify if they wish and to bring witnesses on their behalf.
Then, What is the punishment for an Article 15?
The maximum punishment authorized at a field grade Article 15 is: extra duty for 45 days. restriction for 60 days (maximum of 45 days if combined with extra duty) oral reprimand or admonition.
Can you fight a NJP? There is always a risk involved in accepting NJP or having allegations of misconduct handled by court martial. Depending on the circumstances, a service member’s best interests are often best served in the long term by fighting the charges in a court-martial than simply accept NJP.
Keeping this in consideration, How long does a NJP stay on record?
Stephen P. Kelly. For Army E-4s and below (prior to punishment), the record of NJP (DA Form 2627) is filed locally and destroyed at the end of 2 years from the date of punishment or upon transfer to a new General Court-Martial Convening Authority (GCMCA).
Can you expunge an Article 15?
You can appeal the records, but it is very difficult to have the record removed. The most common result is the record is corrected because it is inaccurate. For example, an Article 15 disposition sometimes gets recorded as a conviction, which it is not.
Can you get kicked out for an Article 15?
An Article 15 in your military record can impact your ability to obtain special assignments, promotions, or security clearances. If some time has passed without any further disciplinary issues, sometimes you can get your Article 15 removed from your file.
Can you still get an honorable discharge with an NJP?
Yes. The kind of discharge one gets is based on the overall character is his/her service. With an NJP, the service member will not get a Good Conduct Medal for the current term of enlistment, but depending on how he/she serves after the event, their service might readily be characterized as honorable.
Is NJP a conviction?
NJP is not conviction.
Under Article 15 of the UCMJ, your commanding officer may elect to handle certain UCMJ offenses “in house” by offering you non-judicial punishment, keyword being “offer”. … Since your commanding officer is the judge and jury, rather than an actual judge or jury, it does not serve as a conviction.
What does NJP mean in Marines?
Article 15 of the Uniform Code of Military Justice authorizes a Marine’s commanding officer to impose Non-Judicial Punishment (NJP) for minor offenses without referring the Marine’s case to a court-martial.
Are NJP records public?
Sadly, these records remain in NCIC even if the case results in a dismissal or acquittal. You can obtain a copy of your record through a request under the Freedom of Information Act (FOIA).
Can you expunge a military record?
You cannot expunge a criminal record obtained in the military. … However, if you are able to win a case with a pardon in a court of law for a military criminal record, you will see some improvement in certain areas of your life. To get a pardon from a military court, you must first file a petition asking for the pardon.
How long does it take for an article 15 to go through?
It “can” take up to two years, but usually a few weeks to a couple of months is about average. When you are read the Article 15, mention to your TDS lawyer that you believe you have already served part of the punishment.
What is an Article 15 in the Navy?
Article 15 of the Uniform Code of Military Justice allows for a commanding officer to decide the innocence or guilt and administer the punishment to an offender if necessary when a military member gets into trouble for a minor offense that does not require a judicial hearing.
Can you PCS with an Article 15?
After two years (or if you PCS/ETS), an Article 15 is destroyed and can’t be used against you. E-5 and above, unfortunately, have the Article 15 on their record forever (unless you have it expunged).
Should I accept NJP?
Whether you accept NJP or not is, largely, going to depending on this answer. While NJP appears to often be a “safer” option for servicemen and women – and, it usually is – the fact is, it also strips away all of your Constitutional rights as the accused.
How bad is a general under honorable discharge?
A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct.
Can you have a lawyer at NJP?
A member of the armed forces may refuse nonjudicial punishment and demand trial by court-martial any time prior to the imposition of the Article 15 punishment. … They are allowed to have a defense attorney appointed to them or hire a private military defense lawyer for NJP cases like myself.
Does An Article 15 follow you?
There is no federal conviction that will follow you outside of the military; just punishment (but no jail time) and of course, the Article 15 stays as a part of your permanent record.
Will a military conviction show up on a background check?
If it was purely a military offense, for which there is no civilian equivalent, then it may or may not show up on a background check, but you would still have to answer the question truthfully that you were convicted of a felony. If there is a civilian equivalent, then absolutely it will show up on a background check.
How bad is a page 11 USMC?
A page 11 is an administrative remarks page in the Service Record. It is used to record anything from an issue of new boots, waiver of sole surviving child privilege, or other required remarks to counseling entries. Having a page 11 entry does not necessarily have negative connotations.
How serious is an Article 15?
BUT, did you know that an Article 15 has long-lasting effects? For example, an Article 15 could become the basis for an administrative discharge, and result in a negative service characterization. If that is the case, it could affect your Veteran benefits, and will be reflected on your DD214.
What is Navy restriction like?
Restriction is kind of like county jail with community service on top of your day job while getting your pay docked. It has nothing to do with your obligation of active duty days, you are still active duty and still working.
Does Article 15 follow you?
There is no federal conviction that will follow you outside of the military; just punishment (but no jail time) and of course, the Article 15 stays as a part of your permanent record.
Do Njps show up on background checks?
What is most important is that there is no right to “due process of law” in a NJP as there would be in a judicial proceeding. The NJP does not have to be reported as a “conviction” or “charge” and it should not come up on any background checks.
Is an NJP a misdemeanor?
For years, the boilerplate advice given to clients is that, if the evidence is decidedly against them, they should take the NJP because it will not follow them outside the military or result in a criminal record. After all, it is not a conviction (misdemeanor or felony) and is a purely military action.