Study guide
10.1 The UCMJ, Article 15 Non-Judicial Punishment, and Courts-Martial
Army Promotion Board SGT/SSG
Track your progress as you read
Finished sections get a check mark.
1 The Promotion Board Process, Eligibility, and Preparation
1.1 AR 600-8-19 Board Eligibility, TIS/TIG Zones, and PME Requirements 1.2 Board Proceedings, Protocol, Uniform Inspection, and Boardroom Bearing 1.3 Promotion Points, the AFT Conversion, IPPS-A, and Monthly Cutoff Scores 1.4 Board Preparation: Study Plan, Current Events, and World Affairs 1.5 Situational Questions, ICTL Proficiency, and Board Scenario Technique
2 Uniform Standards, Grooming, and Awards (AR 670-1, AD 2025-18, AR 600-8-22)
2.1 ASU and AGSU Configuration, Insignia, Badges, and Awards Placement 2.2 Hair, Cosmetics, Fingernails, and Jewelry Standards (AD 2025-18) 2.3 Wear of Combat Uniforms, Duty Accessories, and Body Modification & Tattoo Policies 2.4 Facial Hair, Medical Exceptions to Policy, and Religious Accommodation 2.5 The Army Awards and Decorations System (AR 600-8-22)
3 Army Leadership & Doctrine (ADP 6-22 & FM 6-22)
3.1 The Army Leadership Requirements Model: Attributes and Competencies 3.2 Leadership Levels, Dynamics, Command Climate, and the Warrior Ethos 3.3 The Counseling Process (ATP 6-22.1 & DA Form 4856) 3.4 The Evaluation Reporting System & NCOER (AR 623-3 & DA Form 2166-9 Series)
4 Customs, Courtesies, and Military Traditions (AR 600-25 & TC 3-21.5)
4.1 Saluting Protocols, Courtesies to Officers, and Hand Salute Standards 4.2 National Flag Etiquette, Colors, Reveille, Retreat, and Honors to the Nation 4.3 Drill and Ceremonies Fundamentals (TC 3-21.5) and Formations 4.4 Rank Structure, Chain of Command, the NCO Support Channel, and Unit Organization
5 Army History, Heritage, and Creeds
5.1 Army Birthday, Continental Army Foundations, and Historical Milestones 5.2 Evolution of the NCO Corps and the Sergeant Major of the Army 5.3 Major American Campaigns and Military Battle History 5.4 The Army Values, The Soldier's Creed, and The NCO Creed
6 Army Programs, Command Policy, and Soldier Readiness
6.1 SHARP Under AR 600-52: Reporting Options, Complaint Processing, and the OSTC 6.2 The Military Equal Opportunity and Harassment Prevention Program (AR 600-20, Chapter 6) 6.3 Army Substance Abuse Program (ASAP) and SUDCC (AR 600-85) 6.4 Soldier and Family Support Programs: AER, Red Cross, ACS, EFMP, and BOSS 6.5 Suicide Prevention, Behavioral Health, and Resilience 6.6 Prohibited Activities: Extremism, Retaliation, Prohibited Relationships, and Political Activity 6.7 Retention, Reenlistment, and the Career Counseling of Subordinates
7 Tactical Combat Casualty Care & First Aid (TC 4-02.1 & ATP 4-02.83)
7.1 TCCC Phases of Care: Care Under Fire, Tactical Field Care, and TACEVAC 7.2 MARCH PAWS Assessment: Massive Hemorrhage and Airway Management 7.3 Respiration, Circulation, Shock, Burns, and Environmental Injuries 7.4 9-Line MEDEVAC Request Protocol and Tactical Evacuation Procedures
8 CBRN Defense & Force Protection (ATP 3-11.32 & AR 525-13)
8.1 CBRN Hazards, Chemical Agent Classifications, and Physiological Effects 8.2 MOPP Gear Levels, Protective Mask PMCS, and Decontamination 8.3 Antiterrorism, Physical Security, and Force Protection Conditions (AR 525-13)
9 Weapons, Land Navigation, and Physical Readiness
9.1 M4/M16 Rifle Characteristics, Clearing, Malfunctions, and Weapons Safety (TC 3-22.9) 9.2 Map Reading, Grid Coordinates, and Marginal Information (TC 3-25.26) 9.3 Land Navigation: Terrain Features, Azimuths, Intersection, and Resection 9.4 Holistic Health and Fitness, the Army Fitness Test, and the Combat Field Test 9.5 The Army Body Composition Program and the Waist-to-Height Standard (AD 2026-13) 9.6 Crew-Served Weapons, Sidearms, and Munitions
10 Military Justice, the Law of War, and Duty
10.1 The UCMJ, Article 15 Non-Judicial Punishment, and Courts-Martial 10.2 The Code of Conduct, the Law of War, and Rules of Engagement 10.3 Guard Duty, the Three General Orders, and Operations Security
11 Training Management and Unit Sustainment
11.1 Training Management: ICTL, the Digital Job Book, and Sergeant's Time Training 11.2 Maintenance, Supply Discipline, and Property Accountability
10.1 The UCMJ, Article 15 Non-Judicial Punishment, and Courts-Martial
Key Takeaways Explain This Topic AI
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.
Last updated: September 2026
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.