Difference between revisions of "Nonjudicial punishment"
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Latest revision as of 07:33, 2 May 2016
A Nonjudicial punishment (NJP) in Right to Rebel, is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice. Nonjudicial punishment or "NJP" permits commanders to administratively discipline troops without a Court-Martial. Punishment can range from reprimand to reduction in rank, extra duty, and/or restrictions. The receipt of nonjudicial punishment does not constitute a criminal conviction, but is often placed on the service record.
Nonjudicial punishment proceedings is referred to as Article 15. It is known colloquially as a "Being Booked".
Contents
Hearing
Presided over by the member’s Company Commander or any higher ranking member on the offender’s direct Chain of command. The convening authority of an Article 15 may not preside over the proceedings. The Accused may demand trial by court-martial prior to the start of the proceedings. In all cases liaison must take place with a JAG office prior to the hearing. In the absence of the Company Commander the hearing may be presided over by the command Executive Officer (XO).
It is the presiding officer’s duty to ensure that an investigation into the facts of the case has been fully conducted prior to proceeding with the hearing.
A JAG officer will attend all disciplinary hearings to observe and record events. Records of all events shall be maintained by JAG for no less than ninety (90) days.
Punishments
Maximum penalties depend on the rank of the accused and that of the officer imposing punishment. Disciplinary action awarded at Non-judicial Punishment hearings may be suspended at the discretion of the convening authority.
Punishments Limitation
The convening authority may imposed one or more of the following punishments.
- For Officers Accused of Misconduct:
- Officers resignation required from current command.
- Up to 14 days temporary ban from Right to Rebel Game Servers.
- Up to 14 days of temporary ban from TeamSpeak.
- All admin rights revoked for the duration of the temporary ban.
- ALL revoked admin rights must be double the length of ban for "Cool Down Phase".
- ALL admin right may be lost and must be earned back depending on the severity of the offense commited.
- Notation in his/her MILPAC Folder.
- Punishment severity is based on the severity of the offense committed and can be altered within these limits how he/she sees fit.
- For Enlisted members Accused of Misconduct
- Reduction by one grade if E-6 or below.
- Up to 14 days temporary ban from Right to Rebel Game Servers.
- Up to 14 days of temporary ban from TeamsSpeak.
- All admin rights revoked for the duration of the temporary ban.
- ALL Revoked Admin Rights must be double the length of ban for "Cool Down Phase"
- ALL Admin Right may be lost and must be earned back depending on the severity of the offense commited.
- Notation in his/her MILPAC Folder.
- Punishment severity is based on the severity of the offense committed and can be altered within these limits how he/she sees fit.
You Have the Right to
- Refuse NJP
- Appear before the CO during the NJP
- Remain silent or make a statement
- Have a spokesperson (other than an attorney)
- Confront witnesses and documents used against you
- Plead guilty or not guilty
- Present matters in your behalf (letters, documents, etc.):
- In Defense (if pleading not guilty, this shows why you are notguilty)
- In extenuation (if pleading guilty, this is a good reason why you did it)
- In mitigation (if pleading guilty, this is a reason why the CO should lessen your punishment)
- Have witnesses appear in your behalf
- On the merits of the offense, OR
- As good character witnesses.
- Have NJP proceedings open to the public.
- Appeal (if punishment is unjust or disproportionate to the offense).
Appeal
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
In the event of an appeal the CJAG will arrange for a review board to be convened and cause a full JAG investigation to take place and report findings to that review board.
In all cases liaison must take place with a JAG office prior to the appeal hearing.
