NJP DECISION TREE

Should You Accept or Refuse NJP? A Practical Decision Tree for Service Members

Nonjudicial punishment often feels urgent. Service members are told they need to decide quickly whether to accept NJP, Captain’s Mast, or an Article 15. Many assume that accepting it is the safest option.

That assumption is often wrong.

This decision tree is designed to help service members understand what questions actually matter before choosing a path. NJP is rarely just about the immediate punishment. It is about what comes next.

Step One: Is NJP Optional in Your Case?

Ask this first.

In many cases, a service member has the right to refuse NJP and demand trial instead. There are limited exceptions, including certain shipboard situations, but most service members are not automatically required to accept NJP.

If NJP is optional, then accepting it is a strategic decision, not a formality.

If you are unsure whether refusal is available in your situation, this is already a signal to pause and get advice.

Step Two: What Is the Command Actually Trying to Accomplish?

Ask yourself this honestly.

Is the command focused on:

• Correcting minor misconduct and moving on

or

• Creating a documented finding they can rely on later

If the issue involves allegations that could support administrative separation, clearance action, or adverse career consequences, NJP is often being used to establish a record.

Once the command has a finding at NJP, they can rely on it to justify further action.

Step Three: What Happens If You Accept NJP?

If you accept NJP and the command finds you guilty, that finding can be used to support:

• Administrative separation proceedings

• Permanent adverse entries in your record

• Clearance suspension or revocation

• Reporting to DCSA and future clearance adjudication issues

• Negative evaluations or fitness reports

This is true even if the immediate punishment feels manageable.

Accepting NJP often trades short-term convenience for long-term exposure.

Step Four: What Happens If You Refuse NJP?

Refusing NJP does not automatically mean you will be court-martialed. It forces the command to make a real decision.

The command must choose whether to:

• Drop the issue

• Proceed to administrative separation

• Refer the case for trial

An administrative separation board, while stressful, offers procedural protections NJP does not. It involves multiple decision-makers, the ability to present evidence, call witnesses, and challenge the government’s case.

It also avoids the command locking in a “guilty” finding at NJP and using it as established misconduct.

Step Five: How Strong Is the Government’s Case Without Your Cooperation?

Many NJP cases rely heavily on statements, admissions, or written matters provided by the service member.

If the case depends on:

• Your explanation

• Your written statement

• Your cooperation filling gaps

• Then accepting NJP may be doing the government’s work for them.

This is where Article 31(b) rights matter. Silence is often the strongest defense early on.

Step Six: Are There Downstream Consequences You Cannot Afford?

Some service members can absorb a reduction, forfeiture, or restriction. Others cannot absorb:

• Loss of clearance

• Forced separation

• Damage to post-service employment

• VA or retirement implications

If the stakes extend beyond the immediate punishment, the NJP decision should be treated as a major legal choice, not an inconvenience to get through.

Step Seven: Have You Spoken With an Attorney Yet?

This is the most important step and the one most service members skip.

An attorney can help you:

• Determine whether NJP is optional

• Assess the likelihood of escalation

• Evaluate whether refusal makes sense

• Craft matters to the command if NJP is accepted

• Protect you if additional action follows

This type of advice and counsel is often far less expensive than service members expect. It also establishes the relationship early, before the command locks in a finding and momentum builds.

A Simple Way to Think About the Decision

If NJP truly ended with minor punishment and no lasting consequences, accepting it might make sense more often.

But when NJP is likely to be used as the foundation for removal from service, clearance action, or long-term career damage, refusing NJP or shaping the process with counsel can be the smarter move.

The worst position to be in is discovering the real consequences after the decision has already been made.

Get Advice Before You Decide

If you have been offered NJP, Captain’s Mast, or an Article 15, you are already at a critical decision point. What you do next can shape everything that follows.

We offer free consultations for service members facing NJP. Even if you ultimately proceed with military defense counsel, getting informed early helps you make the decision deliberately rather than reactively.

This article is provided for general informational purposes only and does not constitute legal advice. Legal rights and obligations depend on the specific facts of each case. You should consult a licensed attorney regarding your individual situation.