Nonjudicial punishment
Nonjudicial punishment (NJP) is a leadership tool providing
United States military commanders a prompt and essential means of
maintaining good order and discipline. NJP is permitted by Article 15 of
the Uniform Code of Military Justice (UCMJ), which is Section 815 of Title 10 of the United States Code. The process is governed by Part V of the Manual for Courts-Martial and by service regulations. NJP proceedings are known by different terms among the United States armed forces: The US Marine Corps refers to the proceeding as "office hours" while the US Army and US Air Force refer to it as an "Article 15." In the US Navy it is called "Captain's Mast" or "Admiral's Mast."
Prior to imposition of NJP, a servicemember must first be notified by the commander of the nature of the misconduct of which he or she is accused, of the evidence supporting the accusation, and of the commander's intent to impose NJP. The commander will then hold a hearing at which the member may be present. The member may also have a spokesperson attend the hearing, may 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 actually committed misconduct before imposing punishment.
Maximum penalties depend on the rank of the accused and that of the officer imposing punishment.
Maximum allowable penalties for accused officers:
If the officer imposing punishmnt 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 1/2 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.
Maximum possible punishments for enlisted soldiers
For Commanding Officers at the grade of O-4 or above are:
- Restriction to specific limits(normally work, barracks, church, 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 grade. 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.
For Commanding Officers at the grade of O-3 or below and and commissioned OIC:
- Restriction to specific limits(normally work, barracks, church, 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.
Receipt of nonjudicial punishment does not constitute a criminal conviction.
Compare with court-martial.
