Non-Judicial Punishment
Command Leadership Tool
Non-judicial punishment (NJP) is a leadership tool providing military commanders a prompt and essential means of maintaining good order and discipline. NJP proceedings may be know by different terms among the Services, such as “Article 15″, “Office Hours”, or “Captain’s Mast”, but the purpose of the NJP, and for the most part its procedures, are common among the military services.
For Minor Offenses
NJP is used to discipline members for minor violations of the Uniform Code of Military Justice (UCMJ) and serves to correct misconduct without attaching the stigma of a court-martial conviction to the member. The Manual for Courts-Martial defines a minor offense for NJP proposes as “ordinarily an offense for which the maximum sentence imposed would not include a dishonorable discharge or confinement for longer than one year if tried by a general court-martial.” NJP is a disciplinary measure more serious than administrative action (e.g., letter of reprimand), but less serious than a court-martial.
Article 15, UCMJ, and Regulations
NJP is permitted by Article 15, (Section 815 of Title 10, United States Code) and is governed by Part V of the Manual for Courts-martial and by service regulations. Prior to imposition of NJP, a military service member 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 military service member may then be allowed to consult with a military defense lawyer to determine whether to consent to a NJP proceeding, or to refuse NJP and demand instead a trial by court-martial. The major difference among the services with regards to NJP is that military service members attached to or embarked in a vessel may not refuse imposition of NJP.
Accused Ultimately Chooses the Forum
Consenting to participate in a non-judicial punishment proceeding is not an admission of guilt. By accepting, the accused military service member declines to exercise the right to demand trial by court-martial regarding the offense alleged. If an accused military service member demands trial when presented with a proposed NJP action, the commander is thereafter prohibited from going forward with non-judicial punishment. Prior to imposing NJP, the commander will hold a hearing at which the military service member may be present. The military service member may also have a spokesman 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 military service member actually committed misconduct before imposing punishment.
Permissible Punishment
Permissible punishments for military enlisted personnel include such actions as reduction in rank, forfeiture of pay (up to 1/2 of one month’s pay per month for two months), restriction to base or ship (up to 60 days), extra duties, correctional custody (up to 30 days), and a reprimand. For military officers, permissible punishment can include forfeiture of pay (up to 1/2 of one month’s pay per month for two months), restriction to base or to ship (up to 60 days), arrest in Quarters (up to 30 days), and reprimand. The actual maximum punishment under the circumstances depends upon the rank of the commander who imposes the punishment. Higher-ranking commanders may imposes greater punishment than lower-ranking commanders may.
No Conviction Record
Receipt of a non-judicial punishment does not constitute a criminal conviction.
