Nonjudicial punishment
From Wikipedia, the free encyclopedia
Nonjudicial punishment in the United States military, is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice. Nonjudicial punishment permits commanders to administratively discipline troops without a court-martial. The receipt of nonjudicial punishment does not constitute a criminal conviction, but is placed on the service record. A service member can be denied applying for a commission if there is a nonjudicial punishment on record. The process for a nonjudicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch's regulations.
Nonjudicial punishment proceedings are known by different terms among the services. In the U.S. Army and the U.S. Air Force, nonjudicial punishment is referred to as Article 15; in the Marine Corps it is called office hours. The U.S. Navy and the U.S. Coast Guard call nonjudicial punishment captain's mast or admiral's mast, depending of the rank of the commanding officer.
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[edit] Hearing
Prior to imposition of NJP, the commander will notify the accused of the commander's intention to impose NJP, the nature of the misconduct alleged, supporting evidence and a statement of the accused's rights under the UCMJ. All service members, except those embarked or attached to a vessel, have a right to refuse NJP and request a court-martial. If the accused does not accept the NJP, the commander will then hold a hearing. The accused, or representative, may attend the hearing where present evidence to the commander, and may request that the commander hear from certain witnesses. The commander must consider any information offered during the hearing, and must be personally convinced that the member committed misconduct before imposing punishment.
[edit] Punishments
Maximum penalties depend on the rank of the accused and that of the officer imposing punishment:
[edit] For Officers Accused of Misconduct
If the officer imposing punishment holds General Court Martial authority, or a commanding officer of the grade O-7 or greater
- Arrest in quarters: not more than 30 days.
- Restriction to limits: not more than 60 days.
- Forfeiture of pay: not more than ½ of one month's pay per month for two months.
- Admonition or reprimand.
By Commanding Officers of the grades O-4 to O-6
- Restriction to limits: not more than 30 days.
- Admonition or reprimand.
By Commanding Officers of the grades O-1 to O-3
- Restriction to limits: not more than 15 days.
- Admonition or reprimand.
By Officers In Charge
- No NJP authority over Officers.
[edit] For Enlisted members Accused Of Misconduct
There are two types of non-judicial punishment commonly imposed.
Field Grade officers (O-4 to O-6) may impose:
- Restriction to specific limits (normally place of duty, barracks, place of worship, mess hall, and medical facilities) for not more than 60 days
- Extra duties, including fatigue or other 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 one half of base pay for two months
- Reduction by one (NCO below E-6 in USMC or E-7 otherwise) or more (sub-NCO) grades.
- Confinement on diminished rations for not more than 3 days (USN and USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.
Company Grade officers (O-3 or below) and commissioned OIC may impose:
- Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for not more than 14 days
- Extra duties, including fatigue or other duties, for not more than 14 days
- Restriction with extra duties for not more than 14 days
- Correctional Custody for not more than 7 days (only if accused is in the grades E-3 and below)
- Forfeiture of 7 days pay
- Reduction by one grade, if original rank in promotion authority of imposing officer. Not imposable on E-6 or above for USMC, or E-7 or above for other services
- Confinement on diminished rations for not more than 3 days (USN and USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.
If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal to higher authority. The appeal authority may set aside the punishment, decrease its severity, or deny the appeal, but may not increase the severity of the punishment. Personnel also are permitted to refuse NJP in favor of a Court Martial; this would be done in cases where they do not feel their Commanding Officer will give them a fair hearing.
