The nuts and bolts of nonjudicial punishment - Military Law, Military Law Advice, Ask a Lawyer - Military Times

The nuts and bolts of nonjudicial punishment

Nonjudicial punishment proceedings are known by different terms among the services.

In the Army and Air Force, it’s referred to as Article 15; in the Marine Corps, it’s called “office hours”; the Navy and Coast Guard call it “mast.”

No matter what it’s called, it is a difficult and confusing time for any service member. Knowing your rights and responsibilities can make a large difference in the outcome of any nonjudicial punishment proceeding. This basic overview will give you enough insight into the process to make it less painful.

Nonjudicial punishment in the U.S. military is a form of discipline authorized by Article 15 of the Uniform Code of Military Justice.

The receipt of nonjudicial punishment does not constitute a criminal conviction. Depending on the level at which the punishment was authorized, it could be a mark on your service record either temporarily or permanently.

Because it is included in your service record, it’s a public record. A service member can be denied applying for a commission if there is a nonjudicial punishment on 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.

Procedures

A commander must notify a service member, prior to the nonjudicial punishment hearing, of the commander’s intention to impose nonjudicial 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, have a right to refuse nonjudicial punishment and request a court-martial. If the accused refuses, the nonjudicial punishment hearing will end and a decision will be made as whether to proceed with a court-martial.

If the service member accepts nonjudicial punishment, the accused, or a representative (this may be anyone, including a civilian attorney, a noncommissioned or petty officer, or anyone else that you wish to have on your behalf and who is willing to help you), may attend the hearing to present evidence and to hear from witnesses.

The commander must consider any information offered during the hearing, and must be personally convinced that the member committed misconduct before imposing punishment. The commanding officer or officers in charge must decide that the accused committed the offense(s) by a preponderance of the evidence.

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 is a commanding officer in paygrade O-7 or above, punishment could be arrest in quarters for not more than 30 days; restriction to limits for not more than 60 days; forfeiture of pay of not more than one-half of one month’s pay per month for two months; admonition or reprimand.

If the officer imposing punishment is a commander in paygrades O-4 to O-6, the punishment could be restriction to limits for not more than 30 days; admonition or reprimand.

If the officer imposing punishment is a commander in paygrades O-1 to O-3, punishment could be restriction to limits for not more than 15 days; admonition or reprimand.

Officers in Charge have no nonjudicial punishment authority over other officers.

For enlisted members accused of misconduct, field-grade officers in paygrades O-4 to O-6 may impose:

•Restriction to specific limits (normally place of duty, barracks, place of worship, mess hall, and medical facilities) for no 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 paygrade E-3 or below).

•Forfeiture of one-half of monthly base pay for two months.

•Reduction of one or more paygrades (only for E-5s and below in the Marine Corps, E-6 and below in other services).

•Confinement on diminished rations or bread and water for not more than three days (Navy and Marine Corps E-3s and below only, and only when embarked on a vessel).

•Admonition or reprimand, either written or verbal.

Company-grade officers (O-3 or below) and commissioned Officers in Charge may impose:

•Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for no more than 14 days.

•Extra duties for not more than 14 days.

•Restriction with extra duties for no more than 14 days.

•Correctional custody for not more than seven days (only if accused is in grades E-3 or below).

•Forfeiture of seven days’ pay.

•Reduction of one paygrade (only for E-5s and below in the Marine Corps, E-6 and below in other services).

•Confinement on diminished rations or bread and water for not more than three days (Navy and Marine Corps, E-3 and below only, and only when embarked on a vessel).

•Admonition or reprimand, either written or verbal.

Appeal

A service member can appeal nonjudicial punishment within five days of the decision being rendered. There are three grounds for appeal:

•There was not enough evidence to find the service member guilty.

•The punishment imposed was too severe for the offense.

•The commander did not follow the law or regulations during the nonjudicial punishment proceedings.

The appeal authority may set aside the punishment, decrease its severity, or deny the appeal, but may not increase the severity of the punishment.