Nonjudicial punishment
A Nonjudicial punishment 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:
- Maximum penalty imposed may be thirty (30) days suspension from the 7th Cavalry Regiment.
- No favorable actions for 30 days,
- Notation on their Personal MILPAC Folder
- For Enlisted members Accused of Misconduct
- Maximum penalty imposed may be thirty (30) days suspension from the 7th Cavalry Regiment.
- No favorable actions for 30 days,
- Reduction by one (NCO below E-7) or more (sub NCO) grades.
- Notation on their Personal MILPAC Folder
Appeal
An officer or enlisted member under punishment under this article who considers the punishment unjust or disproportionate to the offence may appeal to the next superior authority or directly to the Judge Advocate General office. The appeal shall be promptly forwarded and decided upon. The punishment will be held in abeyance until appeal is decided.
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.
The review board will not change the findings of the hearing only affirm or change the degree of punishment.
In all cases liaison must take place with a JAG office prior to the appeal hearing.
