I apologize for the delay in getting back to you. The Site has not been working properly. In any event, since you are an active-duty servicemember, the UCMJ applies to you and what you do 24/7 no matter where you are. So, the fact that this happened off post makes no difference. Also, the fact that the civilians are not charging you with a crime does not mean your Command cannot. They are two different sovereigns, so they can dispose of the issue differently and separately.
That said, I am not sure what the Command would be charging you with and you don't say if they told you specifically. I suppose, they could charge you under the General Article 134, conduct that brings discredit on the armed forces. Or, resisting arrest (fleeing) under Article 95. If they do decide to send you to an Article 15 hearing, you can speak to a judge advocate at the defense function first to decide if you will accept the NJP or refuse and then the Command would have to either court-martial you or drop the charge.
As for punishment, you didn't answer the rest of my question when I asked what your rank and service was, so I can't specifically say what you will face as far as punishment. However, below are the potential punishments depending on your rank and that of the officer awarding it. Assuming that the officer awarding it would be an O-4 to O-6, this is the potential punishment.
- Restriction for not more than 60 days
- Extra duties for not more than 45 days
- Restriction with extra duties for not more than 45 days
- Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
- Forfeiture of ½ of base pay for two months
- Reduction by one grade if (USA/USAF E-6 or E-5; USMC E-5 or below; USN E-6 or below); or reduction to E-1 (USA/USAF E-4 to E-2)
- Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal
You can appeal the NJP if you choose. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you