10.1 The UCMJ, Article 15 Non-Judicial Punishment, and Courts-Martial
Key Takeaways
- The Uniform Code of Military Justice is federal law enacted in Chapter 47 of Title 10, United States Code, and is implemented for the Army by AR 27-10 and the Manual for Courts-Martial.
- Article 15 is non-judicial punishment, not a conviction; a Soldier may demand trial by court-martial instead, except when attached to or embarked on a vessel.
- The three levels of court-martial are summary, special, and general, and only a special or general court-martial conviction is a federal criminal conviction.
- The punitive articles an NCO must know are Article 86 absence without leave, Article 91 insubordinate conduct toward a noncommissioned officer, Article 92 failure to obey an order or regulation, and Article 134 the general article.
- Article 31 requires that a suspect be informed of the nature of the accusation and the right to remain silent before questioning, and NCOs who suspect a Soldier of an offense must give that warning or refer the matter to law enforcement.
The UCMJ, Article 15 Non-Judicial Punishment, and Courts-Martial
Core Principle: The Uniform Code of Military Justice (UCMJ) is federal law, enacted by Congress in Chapter 47 of Title 10, United States Code. It is implemented by the Manual for Courts-Martial (MCM) and, for the Army, by AR 27-10 (Military Justice). An NCO is not a lawyer, but an NCO is the person who witnesses most misconduct, and the board will test whether you know what to do next.
1. Structure of Military Justice
The Army has a graduated set of tools, and a board question about "what would you do" is usually asking whether you can pick the right rung of this ladder:
| Tool | Nature | Who imposes it |
|---|---|---|
| Corrective training | Not punishment; training directed to correct a deficiency | Any leader |
| On-the-spot correction | Immediate verbal correction | Any Soldier, including a junior Soldier correcting a senior on a standards violation |
| Developmental counseling (DA Form 4856) | Administrative documentation and a plan of action | First-line leader |
| Administrative reprimand / GOMOR | Administrative censure, may be filed permanently | Commander or general officer |
| Article 15 (non-judicial punishment) | Disciplinary, not a criminal conviction | Commander |
| Court-martial | Judicial trial | Convening authority; charges for covered offenses are referred by the Office of Special Trial Counsel |
| Administrative separation (AR 635-200) | Ends service; characterization attaches | Separation authority |
Corrective training must be directly related to the deficiency, must be conducted with the aim of correcting it, and must end when the deficiency is corrected. It may not be used as punishment, may not be degrading, and may not violate safety or the dignity of the Soldier.
2. Article 15 — Non-Judicial Punishment
Article 15 lets a commander dispose of minor offenses without a criminal trial. It is not a conviction, but it is a permanent record when filed in the Army Military Human Resource Record.
Types
| Type | Imposed by | Maximum punishment (enlisted) |
|---|---|---|
| Summarized | Company-grade commander | 14 days extra duty, 14 days restriction, oral reprimand; no reduction, no forfeiture |
| Company grade | Company commander (O-3) | 14 days extra duty, 14 days restriction, reduction of one grade (E-4 and below), forfeiture of 7 days' pay |
| Field grade | Field-grade commander (O-4 and above) | 45 days extra duty, 60 days restriction, reduction of one or more grades (E-4 and below) or one grade (E-5 and E-6), forfeiture of one-half of one month's pay for two months |
The Soldier's rights
A Soldier offered non-judicial punishment has the right to:
- Demand trial by court-martial instead — except when attached to or embarked on a vessel. This is the single most-tested Article 15 fact.
- Consult with legal counsel before deciding.
- Present matters in defense, extenuation, and mitigation, in person and in writing.
- Have a spokesperson present.
- Have the proceeding open to the public, at the commander's discretion.
- Call witnesses who are reasonably available.
- Appeal to the next superior authority, normally within 5 calendar days.
The standard of proof for the commander is beyond a reasonable doubt.
3. Courts-Martial
| Level | Composition | Maximum punishment (enlisted) | Federal conviction? |
|---|---|---|---|
| Summary | One commissioned officer | 1 month confinement, 45 days hard labor without confinement, 60 days restriction, reduction, and forfeiture of two-thirds pay for one month (lesser for E-5 and above) | No |
| Special | Military judge alone, or a judge and at least four members | Up to 12 months confinement, bad-conduct discharge, forfeitures, and reduction | Yes |
| General | Military judge alone, or a judge and at least eight members | Up to and including the maximum authorized for the offense, including dishonorable discharge, confinement, and in capital cases death | Yes |
A general court-martial requires a prior Article 32 preliminary hearing unless waived. An enlisted accused may request that at least one-third of the members be enlisted.
Since the establishment of the Office of Special Trial Counsel in December 2023, independent Special Trial Counsel — not the commander — decide whether to prefer and refer charges for covered offenses, which include sexual assault, domestic violence, murder, manslaughter, and kidnapping.
4. Punitive Articles an NCO Must Know
| Article | Offense | Why it matters at squad level |
|---|---|---|
| Art. 85 | Desertion | Absence with intent to remain away permanently or avoid hazardous duty |
| Art. 86 | Absence without leave (AWOL) | Failure to go to, going from, or absence from the appointed place of duty |
| Art. 87 | Missing movement | Missing a unit's movement through neglect or design |
| Art. 89 | Disrespect toward a superior commissioned officer | |
| Art. 90 | Willfully disobeying a superior commissioned officer | |
| Art. 91 | Insubordinate conduct toward a warrant officer, NCO, or petty officer | The article that protects an NCO's authority |
| Art. 92 | Failure to obey an order or regulation; dereliction of duty | The most frequently charged article; covers regulatory violations |
| Art. 107 | False official statement | |
| Art. 112a | Wrongful use, possession, or distribution of controlled substances | The article behind a positive urinalysis |
| Art. 120 | Rape and sexual assault | A covered offense referred by the OSTC |
| Art. 121 | Larceny and wrongful appropriation | |
| Art. 128 | Assault | |
| Art. 134 | The general article — disorders and neglects to the prejudice of good order and discipline, conduct of a nature to bring discredit upon the armed forces, and specified offenses including sexual harassment |
5. Article 31 Rights
Article 31, UCMJ protects a suspect against self-incrimination. Before questioning a Soldier whom you suspect of an offense, you must:
- Inform them of the nature of the accusation;
- Advise them that they do not have to make any statement regarding the offense; and
- Advise them that any statement made may be used as evidence against them in a trial by court-martial.
Article 31 rights are broader than civilian Miranda rights because they apply to any questioning by a person acting in an official capacity, not just custodial interrogation. Practical rule for an NCO: the moment routine supervision turns into suspicion of an offense, stop questioning and refer the matter to the commander or law enforcement.
6. What the NCO Actually Does
- Correct on the spot what can be corrected on the spot.
- Document with counseling on DA Form 4856 before escalating. A commander cannot act on a pattern that was never written down.
- Preserve evidence and report promptly. Do not conduct your own investigation.
- Advise your Soldier of their rights if you must question them as a suspect — or better, hand it off.
- Stay neutral in appearance. An NCO who prejudges in front of the squad damages the commander's ability to act.
- Know that an Article 15 is not the end of a career. Your job after punishment is rehabilitation, not ostracism.
A Soldier is offered an Article 15. Under what circumstance may that Soldier NOT demand trial by court-martial instead?
Which UCMJ article covers insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer?
Before questioning a Soldier whom an NCO suspects of an offense, what must Article 31 warnings include?
Which level of court-martial does NOT result in a federal criminal conviction?