Non-Judicial Punishment (NJP)

The Uniform Code of Military Justice (UCMJ): The UCMJ is the basic source of military criminal law in the United States. It provides a framework for the functions, powers, and procedures of military criminal law.

Non-Judicial Punishment (NJP): NJP is a disciplinary action taken by a commanding officer, rather than by a court-martial. It allows commanders to take punitive action against service members without going through the formal court-martial process.

Article 15 proceedings: An Article 15 proceeding is a non-judicial punishment proceeding that is initiated by a commanding officer. It is a hearing where the commanding officer provides evidence of alleged misconduct and the accused can provide a defense.

The Role of the Commanding Officer: The commanding officer is responsible for ensuring that military personnel are trained, disciplined, and ready for duty. They have the authority to initiate NJP proceedings and to take other disciplinary actions.

The Rights of the Accused: Service members are entitled to due process and have certain rights during NJP proceedings. These include the right to remain silent, the right to an attorney, and the right to present evidence and witnesses on their own behalf.

Types of Punishments: NJP proceedings can result in a range of punishments, including reduction in rank, forfeiture of pay, extra duties, confinement, and reprimands.

Evidence and Burden of Proof: The commander has the burden of proving that the service member committed the alleged misconduct. This requires some level of evidence to prove guilt beyond a reasonable doubt.

Appeals and Remedies: Service members who are not satisfied with the results of an Article 15 proceeding may have the right to appeal to a higher authority. They may also pursue other remedies, such as seeking legal counsel or filing a formal complaint.

Record Keeping: All NJP proceedings are recorded and added to the service member's personnel record. These records can be used in future disciplinary actions or during security clearance investigations.

Limitations and Restrictions: There are limitations and restrictions on the use of NJP, including the service member's rank, the severity of the offense, and the history of prior disciplinary actions. The commanding officer must also follow specific procedures and guidelines when conducting NJP proceedings.

Verbal Reprimand: An oral admonishment for minor conduct offenses.

Extra Duty: Assigned additional duties to perform during off-duty hours.

Restriction: Temporary confinement in quarters or place designated by the commander.

Correctional Custody: Confined to a military correctional facility for up to 30 days with loss of pay and perquisites.

Reduction in Rank: Reduced in rank to a lower paygrade.

Forfeiture of Pay: Deprivation of a portion of a member’s monthly pay.

Confinement on Bread and Water or Diminished Rations: Restricted to water and bread diet.

Detention: Confinement under a particular disciplinary regimen.

Suspension: Suspended punishment that will be imposed after a particular period.

Fines: A monetary fine imposed as punishment.