The Language of Command

Non-Judicial Punishment Article 15

Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice. While not a complete victory, the outcome was highly favorable for the client and resulted in suspended punishment. This allowed the service member to retain their rank and re-earn the trust and respect of their chain of command. This success and other positive outcomes in recent Non-Judicial Punishment proceedings have caused me to consider whether or not there is a common thread in these cases or lessons learned that can be used to benefit other clients in the future. Based on a review of several cases, it seems there are essential things to consider when responding to NJP proceedings. 

Know the Decision-Maker

Unlike a court-martial, in Article 15 proceedings, the Commander is the Judge and Jury. I have learned that learning as much about the Commander as possible before a personal appearance is critical.

• Read the Commander’s official bio.

• Look for any interviews they have given.

• anything else you can find written by or about them.

Understand What Motivates Military Leaders

A decision in a non-judicial punishment proceeding is one of many important decisions a military leader will make in their day. To advocate effectively to an army leader, you must understand...

• their training

• the culture of their branch of service

• their career field or military occupational specialty.

Mission success, order, and discipline are driving forces for all influential military leaders, but there are cultural differences between pilots and infantry officers. Understanding these differences most often comes from years of experience practicing martial law and interacting with military leaders. It is essential to consider these differences when developing an effective response strategy. 

Focus on the Future

The military provides some of the most advanced and practical leadership training. Military leaders who embrace that training are disciplined and mission-focused while understanding that people are their most valuable asset. Using the language of military training from Command and Staff College and War College helps Commanders understand how their decision in a Non-Judicial Punishment proceeding impacts good order and discipline, the mission, and the future of their Soldier, Sailor, Airman, or Marine. This future focus helps the Commander understand the utility of Non-Judicial Punishment as a rehabilitative tool. 

Do not Shoot the Messenger

Crisp Military Law has worked with and trained many new militaries counsel who tend to adopt a scorched earth mentality when responding to allegations. While it is essential to be aggressive and zealous, attacking or criticizing the process or the decision to impose Non-Judicial Punishment often simply results in the Commander becoming defensive and entrenched in a position.

• Understand that JAG drafts the forms and advises the Commander to serve Non-Judicial Punishment.

• Do not assume that the Commander has all the facts before you respond.

• Instead, approach your presentation to the Commander as your opportunity to provide him with the rest of the story and their opportunity to consider all the facts before deciding.

Time and time again, I have been impressed by military leaders willing to listen, change their minds, and reach a fair decision when approached with the appropriate tone and information. Ultimately, these points all circle back to the importance of knowing and speaking the language of command when representing military members facing administrative, Article 15, or court-martial proceedings.

Our Attorneys

The attorneys of Crisp and Associates Military Law are worldwide leaders in military justice and court-martial defense. Our attorneys include former military judge advocates, law enforcement officers, and others.  They have also served in the Army, Navy, and Air Force or worked closely with the other Uniformed Services. Our attorneys have handled every military law matter, from simple non-judicial counseling to defending Soldiers in a complicated court-martial. They have been on both sides of the aisle: prosecution and defense. We have handled matters from Seaman Recruit to general and flag officers. They have served at every level of the chain of command, from a platoon, ship, and squadron to the Office of the Secretary of Defense. If you face adverse action, Non-Judicial Punishment, or court-martial, call Crisp and Associates, LLC, for a free consultation. Read more about Non-Judicial Punishment under Article 15.