DA Form 5109: Article 15 UCMJ Jurisdiction Request

DA Form 5109: Article 15 UCMJ Jurisdiction Request – DA Form 5109 is an official U.S. Army form titled “Request to Superior to Exercise Article 15, UCMJ, Jurisdiction.” It was released on September 1, 2002, and remains the current version. Commanders use this form to refer nonjudicial punishment (NJP) cases to a higher-level commander when their own authority under Article 15 of the Uniform Code of Military Justice (UCMJ) is insufficient.

This form ensures proper escalation of minor misconduct cases while maintaining command authority at the appropriate level. It is prescribed by AR 27-10 (Military Justice) and supports the Army’s goal of handling discipline efficiently at the lowest appropriate level.

Download the official DA Form 5109 here: https://armypubs.army.mil/pub/eforms/DR_a/pdf/A5109.pdf

Understanding Article 15 UCMJ Nonjudicial Punishment

Article 15, UCMJ, authorizes commanding officers to impose nonjudicial punishment for minor offenses without a court-martial. This process, often called an “Article 15” or “NJP,” allows commanders to maintain good order and discipline quickly and fairly.

Key features of Article 15 proceedings include:

  • No formal court-martial required.
  • The service member has the right to accept or refuse the Article 15 (and demand trial by court-martial instead).
  • Limited punishments based on the commander’s grade and authority.
  • Right to appeal to the next superior authority.

NJP is preferred for minor offenses because it is faster than courts-martial and avoids a federal conviction record in most cases.

When to Use DA Form 5109?

Commanders use DA Form 5109 in two main situations:

  1. When the imposing commander’s authority under Article 15 is insufficient for the needed punishment (e.g., limits on restriction, forfeiture of pay, or reduction in rank).
  2. When the commander’s Article 15 authority has been withheld or limited by higher command.

Important rule: When referring a case upward, the lower commander must not recommend the specific nature or extent of punishment. The superior commander makes that independent decision.

This form promotes discipline at the lowest appropriate level while allowing escalation when necessary.

How to Fill Out DA Form 5109 (Step-by-Step)?

The form is straightforward and includes these main sections:

  • Thru/To: Routing information with ZIP codes.
  • Narrative: Describe the incident (date, place, individual’s name and organization, and a clear, concise statement of the alleged misconduct with the specific UCMJ article violated).
  • Recommendation: State the request for the superior to exercise Article 15 authority.
  • Enclosures: List supporting documents (e.g., investigation reports, witness statements).
  • Signature Block: Name, grade, organization, signature, and date of the referring commander.

Tip: Keep the description factual and focused on conduct punishable under the UCMJ. Always consult your unit’s legal advisor (Judge Advocate) before submission.

Step-by-Step Process for Referring an Article 15 Case

  1. Commander reviews the alleged misconduct and supporting evidence.
  2. Determines that their own Article 15 authority is inadequate.
  3. Completes DA Form 5109 with supporting enclosures.
  4. Forwards the package through the appropriate chain to the superior commander.
  5. Superior commander reviews the case, decides whether to exercise jurisdiction, and proceeds with NJP if appropriate.

The process follows guidance in AR 27-10 and the Manual for Courts-Martial.

  • DA Form 2627: Record of Proceedings Under Article 15, UCMJ (the main NJP form).
  • AR 27-10: Primary regulation governing military justice and NJP procedures (current as of 2025 updates).
  • Manual for Courts-Martial (MCM): Provides detailed rules for NJP.

Commanders should always reference the latest versions available on official Army Publishing Directorate sites.

Importance of Proper Use in the U.S. Army

Correct use of DA Form 5109 helps commanders:

  • Maintain discipline effectively.
  • Ensure fairness and consistency in the military justice system.
  • Avoid over- or under-punishing by escalating to the right authority level.
  • Support overall readiness by addressing misconduct promptly.

For U.S. Army personnel, understanding these tools is essential for leaders at all levels. Missteps in the process can affect Soldier careers, unit morale, and legal compliance.

Official Download Link: DA Form 5109 PDF

This article is for informational purposes only and is based on publicly available U.S. Army publications. Always consult your chain of command and legal advisor for case-specific guidance.