Nonjudicial punishment
Encyclopedia
Non-judicial punishment in the United States military
, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice
. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial
. Punishment can range from reprimand to reduction in rank, correctional custody (aboard ships only), loss of pay, extra duty, and/or restrictions. The receipt of non-judicial punishment does not constitute a criminal conviction (it's equivalent to a civil action), but is often placed in the service record of the individual. The process for non-judicial punishment is governed by Part V of the Manual for Courts-Martial
and by each service branch's regulations.
Non-judicial punishment proceedings are known by different terms among the services. In the U.S. Army
and the U.S. Air Force
, non-judicial punishment is referred to as Article 15; in the Marine Corps
it is called being "NJP'd" or being sent to "Office Hours". The U.S. Navy
and the U.S. Coast Guard
call non-judicial punishment captain's mast
or admiral's mast, depending of the rank of the commanding officer. It is known colloquially as "being booked".
of the accused and that of the officer imposing punishment:
By Commanding Officers of the grades O-4 to O-6
By Commanding Officers of the grades O-1 to O-3
By Officers In Charge (OIC)
Summary Article 15: commanders (O-3 and below) and commissioned OIC may impose:
Company Grade (O-3 or below) commanders may impose the above plus:
Field Grade (O-4 to O-6) may impose:
If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal the NJP to a higher authority. This is usually the next officer in the chain of command. Upon considering the appeal, the higher authority may set aside the NJP, decrease the severity of the punishment, or may deny the appeal. They may not increase the severity of the punishment.
Personnel are permitted to refuse NJP in favor of a court-martial; this might be done in cases where they do not feel their Commanding Officer will give them a fair hearing. But this option exposes them to a possible criminal court conviction. Navy and Marine Corps personnel assigned to or embarked aboard ship do not have the option of refusing NJP, nor can they appeal the decision of the officer imposing punishment; they may only appeal the severity of the punishment.
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
. Punishment can range from reprimand to reduction in rank, correctional custody (aboard ships only), loss of pay, extra duty, and/or restrictions. The receipt of non-judicial punishment does not constitute a criminal conviction (it's equivalent to a civil action), but is often placed in the service record of the individual. The process for non-judicial punishment is governed by Part V of the Manual for Courts-Martial
Manual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
and by each service branch's regulations.
Non-judicial punishment proceedings are known by different terms among the services. In the U.S. Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and the U.S. Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, non-judicial punishment is referred to as Article 15; in the Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
it is called being "NJP'd" or being sent to "Office Hours". The U.S. Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
and the U.S. Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
call non-judicial punishment captain's mast
Mast (naval)
In naval tradition, a mast is a non-judicial punishment disciplinary hearing in which a commanding officer studies and disposes of cases involving those in his or her command. If the officer is a captain, as in most cases, it is referred to as a captain's mast...
or admiral's mast, depending of the rank of the commanding officer. It is known colloquially as "being booked".
Hearing
Prior to imposition of NJP, the commander will notify the accused of the commander's intention to impose punishment, 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 currently away from its homeport, have a right to refuse NJP and request a court-martial. If the accused does not accept the NJP, the NJP hearing is terminated and the commander must make the decision of whether to process the service member for court-martial. If the accused accepts NJP, he or she, plus a representative if desired, will attend the hearing conducted by the commander. The accused may present evidence and witnesses to the commander. The commander must consider any information offered during the hearing, and must be personally convinced that the service member committed misconduct before imposing punishment.Punishments
Maximum penalties depend on the rankMilitary rank
Military rank is a system of hierarchical relationships in armed forces or civil institutions organized along military lines. Usually, uniforms denote the bearer's rank by particular insignia affixed to the uniforms...
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 if the 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 base pay for two months (base pay does not include allowances or special pay)
- 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 (OIC)
- No NJP authority over officers
For Enlisted members Accused Of Misconduct
There are three types of non-judicial punishment commonly imposed.Summary Article 15: commanders (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) commanders 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 base pay
- Reduction by one grade, if original rank in promotion authority of imposing officer (USA/USAF E-4 and below.)
- Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal
Field Grade (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 ½ of base pay for two months
- Reduction by one grade if (USA/USAF E-6 or E-5; USMC E-5 or below; USN E-6 or below); or reduction to E-1 (USA/USAF E-4 to E-2)
- Confinement on diminished rations or bread and water for not more than 3 days (USN/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 the NJP to a higher authority. This is usually the next officer in the chain of command. Upon considering the appeal, the higher authority may set aside the NJP, decrease the severity of the punishment, or may deny the appeal. They may not increase the severity of the punishment.
Personnel are permitted to refuse NJP in favor of a court-martial; this might be done in cases where they do not feel their Commanding Officer will give them a fair hearing. But this option exposes them to a possible criminal court conviction. Navy and Marine Corps personnel assigned to or embarked aboard ship do not have the option of refusing NJP, nor can they appeal the decision of the officer imposing punishment; they may only appeal the severity of the punishment.