JULY 8, 2025 – Article 15 is an administrative procedure under the Uniform Code of Military Justice (UCMJ). Article 15 hearings involve a superior officer addressing some of the alleged misconduct on the part of a service member. It is sometimes called Non-Judicial Punishment (NJP), whereby punishment for a soldier can be administered without conducting a court-martial.
According to Article 15 lawyer Michael J. Thompson, Article 15 is an option for minor crimes like traffic violations, disobeying an officer, or being rude to a superior officer. Your commanding officer will decide if you go to court-martial. If your commanding officer sees or hears about an offense, they can look into the facts and information and give you a hearing about it. Your case will be thrown out, punished, or tried at a court-martial after the hearing.
When your commanding officer decides that you will go to court-martial, preparing for an Article 15 hearing becomes stressful. Addressing the challenges of an Article 15 hearing becomes manageable once you know what you are entitled to, what to bring in as evidence, and how to prepare a solid defense. You must also know whom to trust to assist you. What would start to go wrong as soon as you missed a detail? What could be the most important thing for a good defense? Let’s answer these questions by listing the things you need to do to get ready for an Article 15 hearing.
Understanding Your Rights During an Article 15 Hearing
Understanding what rights you have in an Article 15 will make the experience smoother for you. You have the right to be advised of the charges brought against you.
You have a right to ask to view the evidence the commanding officer will use against you. If necessary, you are entitled to present your perspective and summon witnesses to bolster your defense.
Assess how the services of a military lawyer or an appointed representative will benefit your defense. You may accept the sentence or file an appeal should you feel that the decision is unjust.
Many service members think they have to accept Article 15 without question, but you do have options. For legal help, go to https://www.aaronmeyerlaw.com/.
Gathering Evidence and Documentation
A case must be built with evidence and documentation in preparation for the Article 15 hearing.
First, assess the allegation letter and all documents related to the accusations against you. These documents include performance reports, statements from witnesses, and perhaps emails. Organize these materials unambiguously and highlight their worthy points that support your defense.
Have potential character references vouch for your conduct and professionalism. These references may include testimonies from fellow soldiers or another superior.
If there is other physical evidence to contradict the allegations, then gather it.
Write down your timeline of events with actual dates and actions.
Conducting organized preparation will demonstrate that you were willing to try to solve the situation and to defend your position in front of the panel.
Seeking Legal Counsel and Representation
After securing evidence and documentation, you should next search for a lawyer and representation. Attorney retention is critical. Someone familiar with military law should be your legal representative. A competent attorney will protect your rights and help you address the intricacies of an Article 15 hearing.
Look for a lawyer with a strong background in military justice so he or she is aware of all the nuances of the process. Schedule several consultations to discuss your case to gauge for yourself their level of competence and how comfortable you feel with them. Don’t hesitate to seek explanation about their ‘strategy’ or approaches and to inquire into their past cases.
Preparing Your Defense Strategy
If you feel overwhelmed, prepare the defense against the Article 15 charges so that there is a favorable hearing. Go over the pieces of evidence against you and start noting discrepancies or gaps.
Gather witness statements and documents supporting your case. Ask yourself whether you intend to plead guilty or not? Do you want to negotiate for some sort of agreement? Each option carries some sort of set of implications, so weigh the decision carefully.
Work with your legal counsel to identify your key points and opposing viewpoints. Practice speaking clearly and confidently about your defense points. Presentation counts, so never forget to remain professional.
Try and stay calm and focused at the hearing, as how you actually act will reflect the perception of the court toward your case.
Presenting Your Case Effectively
Presenting the case effectively is one way of influencing the outcome of an Article 15 hearing. Begin with a clear statement of the key points. Use simple and clear language so the facts of your case are not lost.
Being concise but thorough when the most relevant facts fairly support your defense is beneficial for your case. Practice speaking your statements calmly and politely, even under pressure.
Anticipate questions directed at you by the reviewing authority. Duly prepare your responses to these questions. Avoid using jargon to muddy or confuse your points. Conclude your presentation forcefully by summarizing your main points that will leave a significant mark on the panel hearing your case.