Nonjudicial punishment

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. 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.Fact|date=September 2008 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.

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 NJP hearing will be terminated and the commander will have to make the decision of whether to process the Service Member for Court-Martial. If the Service Member accepts NJP, the accused, or a representative, may attend the hearing to 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.

Punishments

Maximum penalties depend on the rank of the accused and that of the officer imposing punishment:

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.

For Enlisted members Accused Of Misconduct

There are three types of non-judicial punishment commonly imposed.

Summarized Article 15 (O-3 and 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

Company Grade (O-3 or below) and commissioned OIC and Warrant Officers may impose the above plus:
* 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 (E-4 and below USA and USAF.)
* Confinement on diminished rations or bread and water 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.

Field Grade Article 15 (O-4 to O-6) may impose:
* 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 one half of base pay for two months
* Reduction by one grade if E-5 (all services) or E-6 (all services except USMC) or reduction to E-1 (USA and USAF E-4 and below.)
* Confinement on diminished rations or bread and water 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, but this option exposes service members to future public disclosure of military court records.

ee also

*Military law

External links

* [http://www.jag.navy.mil/html/NLSOGlakesNonjudicial_punishment.htm Navy JAG Site]
* [http://www.ucmj.us/uniform-code-of-military-justice/sub-chapter-3-non-judicial-punishment.shtml Armed Forces Site]
* [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+10USC815 10 USC 815 (Article 15 - Non-Judicial Punishment)]