NJP Lawyer — Article 15 Defense & Appeals
Facing Non-Judicial Punishment, Captain's Mast, or Office Hours? Before you accept or refuse NJP, talk to a former JAG attorney who has handled hundreds of NJP cases across all branches of service.
⏱ NJP appeals must be filed within 5 business days. Don't wait.
Get Help NowWhat Is Non-Judicial Punishment (NJP) / Article 15?
Non-Judicial Punishment (NJP) is a form of military discipline authorized under Article 15 of the Uniform Code of Military Justice (UCMJ) and governed by Part V of the Manual for Courts-Martial (MCM). It allows a commanding officer to punish a service member for alleged misconduct without a formal court-martial proceeding.
Despite its name, NJP is far from minor. An NJP can result in reduction in rank, forfeiture of pay, restriction to base, extra duty, and punitive letters that follow you through your career. In today's force-shaping environment — where the military is looking for reasons to separate service members, not reasons to retain them — a single NJP can be career-ending.
NJP is not a trial. The rules of evidence do not apply. You have limited rights to review the evidence against you, call witnesses, and present a defense. That is why having an experienced NJP lawyer — a former JAG attorney who has been on both sides of these proceedings — is critical.
Captain's Mast
Held in front of the Commanding Officer. Vessel attachment can restrict right to refuse.
Office Hours
Member appears at the commander's office. Same UCMJ rules apply as all other branches.
Article 15
The colloquial name most associated with non-judicial punishment. Commander-level action.
Article 15 / NJP
Air Force uses the Article 15 nomenclature. Commanders retain significant discretion.
What Offenses Lead to NJP?
NJP was originally designed to address minor misconduct — the small infractions that do not warrant a full court-martial. In practice, however, commanders routinely use NJP to handle serious allegations, complex cases, and career-defining offenses. Korody Law has defended service members at NJP proceedings for:
Regardless of the underlying allegation, every service member facing NJP deserves competent legal representation. Early intervention by a skilled NJP attorney can influence how the command characterizes the offense, what evidence is presented, and ultimately what punishment — if any — is imposed.
What Are the Types of NJP Punishment?
NJP punishment is authorized under Part V of the Manual for Courts-Martial. A commanding officer may impose any combination of the punishments below. The actual punishment depends on the seriousness of the offense, your rank, and the imposing commander's grade. These are the types of punishment currently in use:
| Punishment Type | Who It Applies To | What It Means |
|---|---|---|
| Reduction in Grade | Enlisted members | Loss of rank — one or more pay grades. For junior enlisted, reduction to E-1 is possible. For senior enlisted, typically limited to one grade. Officers cannot be reduced in grade at NJP. |
| Forfeiture of Pay | All ranks | Loss of a portion of base pay for a defined period. Limits depend on the imposing commander's grade and the service member's rank. A forfeiture also affects allowances and can compound financial hardship. |
| Restriction | All ranks | Confinement to a specified area — typically the installation — for a defined period. Restriction limits freedom of movement but does not involve physical confinement. |
| Extra Duties | Enlisted members | Assignment of additional work details beyond normal obligations for a defined period. Often imposed alongside restriction. Not authorized for commissioned officers. |
| Reprimand | All ranks | A formal written censure placed in your official record. A punitive letter can be as damaging as any financial punishment — blocking promotions, affecting reenlistment, and triggering follow-on administrative action. |
These punishments only tell part of the story. The longer-term consequences — a punitive letter in your record, a downgraded performance evaluation, denied reenlistment, loss of promotion opportunity, security clearance issues, and administrative separation — can be far more damaging than the immediate punishment itself. This is why effective NJP defense matters even when the formal punishment appears modest.
Your Rights at NJP — What You Need to Know
Service members facing NJP have specific rights under Article 15 and service regulations. Many service members are unaware of these rights — or are pressured by their command to waive them quickly. A Korody Law NJP attorney will ensure you understand and exercise every right available to you.
Right to Know the Charges and Evidence
You must be informed of the alleged offenses and, upon request, given an opportunity to review the evidence the commander intends to rely upon. This is a critical first step — understanding the strength of the evidence against you shapes every strategic decision that follows.
Right to Consult with Legal Counsel Before Deciding
Before you accept or refuse NJP, you have the right to consult with a military defense attorney (a JAG). You also have the right to retain civilian defense counsel at your own expense. This consultation should happen before you make any decisions — including whether to demand trial by court-martial.
Right to Refuse NJP (With a Critical Exception)
In most cases, you have the right to refuse NJP and demand trial by court-martial. The major exception: if you are attached to or embarked on a vessel, you generally cannot refuse NJP. This right — and the strategic implications of exercising it — should be discussed carefully with an attorney before any decision is made.
Right to Present Matters in Defense, Extenuation, and Mitigation
If you accept NJP, you have the right to appear personally before the commander (or a designated representative), to present evidence, to call witnesses on your behalf (subject to command discretion), and to submit written matters. A skilled NJP lawyer will help you build the strongest possible case for your defense.
Right to a Spokesperson / Counsel at the Hearing
You may have a spokesperson or attorney represent you at the NJP hearing. This is a powerful but underutilized right. Having an experienced former JAG attorney speak on your behalf — who understands how commanders think and what arguments resonate — can meaningfully affect the outcome.
Right to Appeal the NJP Punishment
If NJP is imposed, you have the right to appeal to the next superior authority. You must generally file within 5 business days of receiving punishment. The appeal can challenge whether the punishment was unjust or disproportionate. A successful appeal can reduce or eliminate the punishment — and in some cases, result in a set-aside that removes the NJP from your record entirely.
Should You Accept NJP — Or Demand Trial by Court-Martial?
This is one of the most consequential decisions a service member will ever make, and it must be made quickly — often within days of notification. There is no universally correct answer. It depends on the strength of the evidence, the nature of the offense, your service record, and your career goals. Here is a framework for how we analyze this decision:
Factors Favoring Acceptance
- Evidence against you is strong and admissible
- The offense is minor and your record is clean
- The command is likely to proceed to court-martial if you refuse
- A court-martial conviction would be a federal conviction
- Potential court-martial punishment is far greater than NJP
- You are approaching retirement / minimum service time
Factors Favoring Refusal
- Evidence is weak or potentially inadmissible
- Key evidence was obtained in violation of your rights
- A single NJP will be career-ending regardless
- The command is unlikely to court-martial you
- The commander has a personal bias or conflict
- You have a strong defense on the merits
An important nuance: demanding trial by court-martial does not guarantee you will be court-martialed. The commander can still choose to pursue administrative separation, issue a reprimand, or take no further action. What it does guarantee is that the commander cannot impose NJP. This is sometimes the right strategic move even when going to court-martial is not the actual goal.
Korody Law attorneys have been on both sides of these decisions — as JAG defense counsel advising service members, and as prosecutors who have seen what happens when bad decisions are made. We will give you an honest, candid assessment based on the specific facts of your case.
NJP Appeals & Set-Aside Requests
If NJP has already been imposed, your fight is not over. There are two primary forms of post-NJP relief: the NJP appeal and the set-aside request.
The NJP Appeal
You have the right to appeal an NJP to the next superior authority in the chain of command. The appeal must be submitted promptly — generally within 5 business days of punishment. The appeal can succeed on multiple grounds:
- The punishment was unjust (e.g., based on insufficient evidence)
- The punishment was disproportionate to the offense
- Procedural errors occurred during the NJP proceeding
- New evidence has come to light
- Your rights were violated during the process
The superior authority can suspend, mitigate, remit, or set aside the punishment. An experienced NJP appeals lawyer can construct a compelling written appeal that identifies legal errors, presents mitigating facts, and advocates for the most favorable outcome.
The NJP Set-Aside Request
A set-aside goes further than an appeal — it seeks to remove the NJP from your official record entirely. A set-aside can be requested when it is in the interest of justice, typically based on: new evidence, a procedural error that affected the fundamental fairness of the proceedings, or disproportionate punishment that materially harmed the service member.
Set-asides are granted less frequently than appeals, but they are not rare — particularly when competent legal counsel identifies a genuine procedural defect or a compelling equity argument. Even a partial set-aside (removing the record but maintaining the punishment) can protect a service member's promotion potential and career trajectory.
Board Corrections
In some cases, NJP relief can also be sought through the Board for Correction of Naval Records (BCNR), the Army Board for Correction of Military Records (ABCMR), the Air Force Board for Correction of Military Records (AFBCMR), or equivalent boards for other services. These boards provide a longer-term avenue to correct injustices in a service member's official record.
How Korody Law Defends You at NJP
Our team of former JAG attorneys has handled hundreds of NJP cases across all military branches. We know how commanders think, how the process works, and where the leverage points are. Here is what we do for every NJP client:
Case Evaluation & Strategy
We analyze the evidence, assess the strength of the government's case, and develop a clear strategic recommendation — whether to accept, refuse, or fight NJP on the merits.
Accept vs. Refuse Analysis
We provide an honest assessment of the risks and benefits of demanding court-martial versus accepting NJP — tailored to your specific record, rank, and career goals.
NJP Hearing Preparation
If you accept NJP, we prepare you to present the strongest possible case: gathering character statements, identifying mitigating factors, and coaching your presentation before the commander.
Representation at the Hearing
We appear as your spokesperson at the NJP hearing, presenting your case directly to the commanding officer and advocating for the minimum possible punishment.
NJP Appeals
We draft and submit appeals to the superior authority within the critical 5-business-day window, identifying legal errors and building the strongest record for relief.
Set-Aside & Record Correction
We pursue post-NJP relief — including set-aside requests and board corrections — to protect your official military record and preserve your career trajectory.
Former JAG Attorneys. Not Just Military Law — Military Judgment.
There is a significant difference between a civilian attorney who has read military law and a former JAG attorney who has lived it. Korody Law is built on the latter. Our attorneys served as active-duty JAG officers in the Navy and Marine Corps. We have advised commanders, prosecuted cases, and defended service members at every level of military justice — from NJP through general court-martial.
That experience matters at NJP. We know how Commanding Officers think about these proceedings. We know what arguments resonate with a commander at Captain's Mast versus what falls flat. We know where procedural errors are commonly made and how to identify them quickly. And we know how to get results.
Patrick Korody is one of the few attorneys in the country certified by the Judge Advocate General as a Military Justice Specialist — a designation held by a small number of JAG attorneys who have demonstrated exceptional expertise in military law. Robert Crow is a former Circuit Military Judge. Jason Ayeroff has advised the most senior commanders in all military justice matters.
We represent service members from all branches of the military, at installations nationwide and overseas. While we are based in Jacksonville, Florida — minutes from NAS Jacksonville, Naval Station Mayport, NSB Kings Bay, and MCSF Blount Island — we routinely represent clients at bases across the country and around the world.
"I was facing NJP for a drug test that came back positive. I knew I hadn't used anything — but my command wasn't interested in hearing it. Mr. Korody reviewed the urinalysis chain of custody, found critical errors, and my NJP was set aside. My career is intact."
— Active Duty Sailor, NAS Jacksonville
Our Credentials
- ✓ Military Justice Specialist Certification (JAG-certified)
- ✓ Former Circuit Military Judge (Robert Crow)
- ✓ Capital (death penalty) case qualified
- ✓ 70+ years combined military law experience
- ✓ Hundreds of NJP cases across all branches
- ✓ Nationwide & overseas representation
NJP Questions — Answered by Former JAGs
Military Defense Services Related to NJP
When to Refuse NJP & Demand Court-Martial
A strategic guide to the most important decision in military discipline.
Administrative Separation Board Defense
If NJP leads to ADSEP, we defend your right to remain in service.
Court-Martial Defense
If you refuse NJP, we are ready to defend you at trial.
Board of Inquiry (BOI) Defense
For officers, NJP can trigger show-cause and BOI proceedings.
Facing NJP? Get a Free Consultation Today.
The decisions you make in the next few days will affect your career, your benefits, and your future. Don't make them alone. Former JAG attorneys are standing by.
Korody Law, P.A. · 630 West Adams Street, Suite 208, Jacksonville, FL 32204 · Representing service members nationwide
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