What are non-judicial punishments in the military called?
If you're a Marine, you may know non-judicial punishments as "office hours." For sailors, they use the terms "captain's mast" or just "mast." Those in the Army or Air Force refer to non-judicial punishments as an "Article 15."
What is a non-judicial punishment (NJP)?
When a servicemember is accused of misconduct or some minor infraction, a violation of the Uniform Code of Military Justice (UCMJ), they might then face a Non-Judicial Punishment (NJP).
What is non-judicial punishment under the UCMJ?
A non-judicial punishment falls under Article 15 of the UCMJ. It allows a commanding officer to determine a service member’s innocence or guilt for a minor offense. If the service member is determined guilty, the commanding officer can administer a punishment “in-house,” without the need for a judicial hearing.
What to do if you are facing nonjudicial punishment?
Army, Navy, Air Force, Marines, or Coast Guard, if you are facing nonjudicial punishment call someone who knows. The best chance to save your military career if you are facing non-judicial punishment is to contact an experienced military defense lawyer at Crisp and Associates Military Law.
How serious is an NJP?
NJP is a disciplinary measure less serious than trial by court-martial that provides commanders with an essential and prompt means of (1) maintaining good order and discipline and (2) promoting positive behavior changes in service members without the stigma of court-martial.
What are the three types of non-judicial punishment?
Examples of Non-Judicial Punishments Restriction to specified limits (not more than 60 days) Arrest in quarters (not more than 30 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); and.
How long does an NJP stay on your record Navy?
two yearsHow long does an NJP stay on your record? An Article 15 does become part of a service member's official file. The exception is for E-4 and below: after two years (or PCS/ETS) any Article 15 is eliminated from the record.
What is a Navy NJP?
Nonjudicial Punishment (NJP), also referred to as “Captain's Mast” (Navy & Coast Guard), “Office Hours” (USMC) and “Article 15” (Army and Air Force), is a relatively informal and low-level forum for handling minor misconduct.
How long does the NJP process take?
* Each step in the process takes time, which can vary widely in duration. From start to finish, the process takes at a minimum 2 months and can take over a year to complete.
What happens if you get NJP?
The punishments meted out for an NJP offense are limited to confinement on diminished rations, restriction to certain specified areas, such as not being allowed to leave a ship or base, arrest in quarters, correctional custody, extra duties, forfeiture of pay, detention of pay and reduction in grade.
What is Max punishment for an NJP?
Field Grade (Battalion Level) NJP: (Given by a Major / Lieutenant Commander or higher): Restriction: 60 days, or if combined with extra duty, 45 days. Extra duty: 45 days. Forfeiture of pay: half month's basic pay for up to 2 months.
Is NJP a criminal offense?
NJP is not conviction. Under Article 15 of the UCMJ, your commanding officer may elect to handle certain UCMJ offenses “in house” by offering you non-judicial punishment, keyword being “offer”. Whether or not you choose to accept is entirely up to you.
Is non-judicial punishment a conviction?
Non-judicial punishment in the United States military is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice. The receipt of non-judicial punishment does not constitute a criminal conviction.
Can a sailor refuse NJP?
The Navy and Coast Guard It is a common myth that you can “demand court-martial” rather than go to NJP. The reality is, if you do not fall under the vessel exception, you can refuse Article 15 / NJP, but it is up to your command whether it wants to take you to a court-martial.
Does NJP show up on background check?
The NJP does not have to be reported as a "conviction" or "charge" and it should not come up on any background checks. If it does, you will need to seek assistance to have it removed from your record or explain it in sufficient detail.
How many NJPs can you get?
(12) Have no more than two NJPs on current contract. However, a CG level waiver may be required upon any reenlistment request for a member with a service history of more than two NJPs.
Will a military NJP show up on a background check?
The NJP does not have to be reported as a "conviction" or "charge" and it should not come up on any background checks.
How long does a UCMJ stay on your record?
about forty yearsThis is referred to as a “titling” record, and your information will remain in that system for about forty years unless it is removed.
Are Article 15s permanent record?
A finding of guilty at an Article 15 hearing will be filed in your military records; however, the Article 15 will be removed from your record after two years.
Can I get an honorable discharge with an Article 15?
An article 15 isn't going to have that much of an adverse effect on your career; however, other events in your career [ie, attitude, adaptability, following orders, etc] can result in "other than honorable" discharge.
1. What Is A Non-Judicial Punishment (NJP)?
An NJP is very different from a court martial, like this mock one in a courtroom. Image: Army.mil
2. What Happens During An NJP?
Article 15 action is initiated when a commander has reason to believe that a member of their command has committed a minor offense under the UCMJ.
3. Reasons For A Non-Judicial Punishment (NJP)
Non-judicial punishment is intended as measured disciplinary action for minor offenses committed by military service members.
5. Examples Of A Non-Judicial Punishment (NJP)
An important point to understand in terms of NJP is that accepting an Article 15 is not an admission of guilt.
Conclusion
The purpose of non-judicial punishment in the U.S. military is to allow for individual service members to receive appropriate disciplinary measures for minor offenses at the discretion of their commanding officer.
Who Can Impose a Non-Judicial Punishment?
In the Air Force and Army, a non-judicial punishment ("NJP") can only be carried out by a commanding officer. This means that only an officer on actual orders designating him or her as a commander can impose a NJP. In the Marine Corps and Navy, a NJP may be imposed by an "officer in charge." The naval term "officer in charge" means a specific officer who has been designated as such by an officer with general court-martial authority.
What is NJP in the Navy?
In the Marine Corps and Navy, a NJP may be imposed by an "officer in charge.". The naval term "officer in charge" means a specific officer who has been designated as such by an officer with general court-martial authority.
What is a minor offense in the military?
For illustration's sake, the term "minor offense" typically means misconduct less serious than a summary court-martial.
What is Article 15?
Article 15, combined with the Manual for Courts-Martial, is the law that empowers commanding officers to carry out a non-judicial punishment in lieu of a court-martial.
How to avoid Article 15?
An accused service member has the right to avoid an Article 15 by demanding a trial by court-martial in lieu of NJP. If such a demand is made, the NJP proceedings must be terminated, at which point the commander must decide whether to proceed with a court-martial.
How long can you be arrested in a quarter?
Arrest in quarters (not more than 30 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); and. Admonition or reprimand. For enlisted members accused of misconduct, meanwhile, commanding officers or officers in charge can impose:
Can an accused service member appeal a NJP?
An accused service member also has the right to appeal the imposition of a NJP for being unjust or disproportionate to the offense. The appeal must be in writing and forwarded to the next superior authority via the officer who imposed punishment.
How long is a prisoner in custody?
Correctional custody of not more than 30 consecutive days. Extra duty for not more than 45 days. Restriction to a specified area for not more than 60 consecutive days. Confinement on bread and water or diminished rations for not more than 3 consecutive days if service member is attached to or embarked on a vessel.
What is considered a correctional custody?
Correctional custody: Correctional custody may include extra duties, fatigue duties, or hard labor. It may also include confinement in a confinement facility (of not more than 30 consecutive days). This punishment may not be used in combination with restriction or extra duties.
What is article 15?
Article 15, also known as NJP or nonjudicial punishment can be awarded for several different violations. Some common violations include article 112 (a) – related to drug use, article 92 – violation of a general order, article 107 – false official statement, article 86 – related to unauthorized absence or AWOL.
Why is it called a Captain's Mast?
Hence, it is also called non-judicial punishment (Captain’s Mast in the Navy) because it does not involve the judicial system. If you are facing non-judicial punishment, your rank, pay and your career are at stake. Do not waive your rights to consult with an experienced military attorney. They can talk to you about whether to accept ...
How long is extra duty?
Extra duty for not more than 45 days.
What is the lowest grade a soldier can be promoted to?
Reduction to the lowest enlisted grade (E-4 and below). For E-5 and above, the commander may reduce the service member to the next lower pay grade if the commander occupies a position that could promote the service member to the grade from which they are being reduced. For example, the commander has to be able to promote a service member to E-8 if he wants to reduce an E-8 to E-7.
Can a service member be dismissed from Article 15?
Just because a service member is facing an Article 15 proceeding does not mean the commander has to continue with the proceeding, convict the service member or give the maximum allowable punishment. Crisp and Associates Military Law has successfully negotiated with commanders the outright dismissal of the Article 15 proceeding or gotten the service member acquitted of the charges. Early intervention and investigation are key to any successful outcome.
How many types of non-judicial punishment are there?
There are three types of non-judicial punishment commonly imposed.
What is a non-judicial trial?
A trial, as the term "non-judicial" implies; A conviction, even if punishment is imposed; An acquittal, even if punishment is not imposed. In the United States Navy and United States Coast Guard, these proceedings take place under the authority of Article 15 of the Uniform Code of Military Justice ( UCMJ ). The term mast may also refer to ...
What is a captain's mast?
A captain's mast or admiral's mast is a procedure whereby the commanding officer must: Dispose of such charges by dismissing the charges, imposing punishment under the provisions of military law or referring the case to a court-martial. A captain's mast is not: An acquittal, even if punishment is not imposed.
What happens if you refuse NJP?
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.
What grade is the commanding officer in martial law?
If the officer imposing punishment holds General Court Martial authority, or if the commanding officer is of the grade O-7 or greater
What is NJP discipline?
NJP permits commanders to administratively discipline troops without a court-martial. Punishment can range from reprimand to reduction in rank, correctional custody, loss of pay, extra duty or restrictions.
What is NJP in military?
Non-judicial punishment (or NJP) is any form of punishment that may be applied to individual military personnel, without a need for a court martial or similar proceedings .
Who can impose non-judicial punishment?
In the Army and Air Force, non-judicial punishment can only be imposed by a commanding officer. That means an officer who is on actual orders, designating them as a “commander.” In the Navy and Marine Corps, Non-judicial punishment may be imposed by an “Officer in Charge.” The Term “Officer in Charge” does not mean an “OIC,” as a “job title,” but rather a specific officer where the flag officer holding general court-martial authority designates the office as the “officer in charge.”
What is a non-judiciary penalty?
When a servicemember is accused of misconduct or some minor infraction, a violation of the Uniform Code of Military Justice (UCMJ), they might then face a Non-Judicial Punishment (NJP). Depending upon your branch, a Non-Judicial Punishment is referred to as an Article 15 in the Army or Air Force; a Captain’s Mast in the Navy or Coast Guard; or “Office Hours” in the Marine Corps. A Non-Judicial Punishment process enables a commander to administer punishment for misconduct or minor offenses that do not rise to the level to be adjudicated in a court setting.
What is the NJP in the Navy?
Non-judicial Punishment (NJP) refers to certain limited punishments which can be awarded for minor disciplinary offenses by a commanding officer or officer in charge to members of his or her command. In the Marine Corps, the process is called “Office Hours.” In the Army and Air Force, it is referred to as an “Article 15.” In the Navy and Coast Guard, nonjudicial punishment proceedings are referred to as “Captain’s Mast.”
What happens if you accept NJP?
If you choose to accept the NJP, you essentially allow your commander to act as judge and jury over your non-judicial punishment case.
What do you need to do to get a court martial?
Whether you choose to accept or reject the Non-judicial Punishment and request a formal Courts Martial, both choices will require you and/or you attorney to gather facts, evidence, supportive statements, and witnesses to prepare a defense.
How much of a month's pay is forfeited?
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)
Is it too late to retain a military attorney?
Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Military Attorney. Contact us right now.
What is a non-judicial punishment?
The term non-judicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in each of the armed forces. NJP is allowed by Article 15 of the Uniform Code of Military Justice (UCMJ). Depending on which service you are a member of, NJP is referred to by varying names. You may hear the term “Article 15,”“Captains Mast,” or “Office Hours.” Each of those terms describe the action of receiving a NJP.
How does a NJP affect your military career?
If you are awarded NJP, the basis for the accusations can greatly impact your military career. At a minimum, the violations contained in your military record may affect your ability to be promoted. In many cases, the basis for the NJP may be used to begin administrative separation. The potential for a NJP to negatively impact your military career makes it essential that you consult an attorney who understands the UCMJ before that occurs. As soon as you suspect you are being considered for NJP, contact an experience military defense counsel.
What happens if you accept NJP?
If you accept the NJP, you may still present evidence to rebut the accusations you are facing. However, that evidence, and your fate, will be left to the discretion of the Commander. Even if your commander determines the allegations against you are true, punishment must still be decided. Your Commander may award punishment but decide not to enforce it. This is known as suspending punishment.
What do you need to know before you can get a NJP?
Before being awarded a NJP, you must first be given notice of the accusations against you. Your Commander is required to explain the circumstances leading to the intent to award you a NJP.
Who can help with NJP?
If you are facing a NJP, you have the option to consult with a military lawyer at Crisp and Associates who understands the process and the UCMJ. Our military lawyers can help explain which option may be best for you and your military career if you are facing NJP.
Is UCMJ a violation of NJP?
UCMJ violations resulting in NJP are considered less serious than violations that result in preferred criminal charges. However, a comparatively minor UCMJ violation resulting in NJP will negatively affect, and can even terminate, your military career.
Suspended Punishment
Just as in civilian court cases, a commander has the authority to impose a suspended punishment instead of a full-blown Article 15 or other NJP. This means that the commander could impose an Article 15 in such a way that it does not take effect UNLESS the servicemember violates the terms of the suspended punishment.
Does Receiving An Article 15 Mean You Are Guilty?
Accepting an Article 15 does not mean accepting guilt. Instead, it means you accept the commander’s decision. Those who choose to plead not guilty in an Article 15 procedure must be able to state their case to the commander including the presentation of evidence, witnesses, statements, and other documentation to support your case.
Servicemembers Can Reject An Article 15
Article 15s are NJP, but there’s a catch; not all situations are such that the service member will passively accept that punishment. It’s easy to assume that in all military discipline situations that the commander is right to hand down punishment; sometimes the commander is wrong.
Servicemembers Can Appeal An Article 15
Anyone found guilty as the result of an Article 15 hearing has the right to appeal using the chain of command. The appeal would be delivered to the next-highest commander. This chain of command will look different depending on the branch of service you are in but in general:
Why People Choose NJP Instead Of Courts-Martial
Article 15 punishments are comparatively lighter than the results of a Guilty verdict in a court-martial. Under Article 15, eight days is the longest one can be confined. Compare that to the 200 day maximum of a court-martial verdict, which also carries the additional baggage of being a conviction in a federal court.
Maximum Punishments Under Article 15
The Uniform Code of Military Justice spells out the maximum punishments possible under non-judicial punishment. An Article 15 can carry with it any of the following:
A Real-World Example Of How Article 15 Punishment Is Used
In April of 2020, the Eighth Army in South Korea announced Article 15 nonjudicial punishment for three soldiers from the 94th Military Police Battalion who were found guilty of having found a hole in the security fence line at Camp Walker in Daegu, for having failed to report the security breach, and used it instead to sneak off post to go drinking in direct violation of the DoD coronavirus lockdown orders given to troops in the area..
What is nonjudicial punishment?
In the military, nonjudicial punishment may be imposed by a commander as a means to deal with minor violations of the Uniform Code of Military Justice (UCMJ). While nonjudicial punishment is administrative in nature, it can still have a profoundly negative impact on a military member’s career.
What does the commander do in a court martial?
The commande r essentially becomes judge and jury with your permission and you waive your right to have the case heard by a court-martial . Once you “accept” the Article 15, the imposing commander must listen to your side of the case, if you decide to present any matters. You may present witnesses or other evidence (statements, police reports, ...
How does a commander decide to suspend a sentence?
Sometimes, an imposing commander may decide to “suspend” the punishment. He or she can do this regarding all or some of the punishment. If a commander agrees to suspend your sentence, he or she will decide on a punishment, but not impose it. The commander will give the member a set period of time to prove to him or her that further misconduct will not occur. If the member completes this set period of time without further misconduct, the sentence will be dismissed. However, should further misconduct occur (even very minor misconduct) during the period of suspension, the suspension will be lifted immediately and the punishment will be fully imposed as initially decided. Unsuspended punishments may begin immediately upon a finding of guilt, but may be delayed due to a variety of reasons.
What happens if you accept Article 15?
If you decide to accept an Article 15, you lose your right to demand trial by court-martial. However, acceptance of an Article 15 is not an admission of guilt. Rather, it is your decision to have the imposing commander determine whether you are guilty or not guilty of the offenses of which you are suspected.
What does it mean when a service member is offered an Article 15 action?
When the service member is “offered” an Article 15 action, the commander is notifying the member that he or she believes the member has committed one or more offenses under the UCMJ. Additionally, he or she is presenting the member with a choice: whether or not to “accept” the Article 15.
Can a military lawyer be present?
Whether or not a military lawyer will be present, at your request, to assist you in front of the commander is service dependent. You have a right to have witnesses testify on your behalf. As a general proposition, there are two kinds of witnesses: defense or “fact” witnesses and character witnesses.
Can you refuse Article 15?
Except under limited circumstances, service members have the right to refuse or “turn down” an Article 15 and demand trial by court-martial. Also except under limited circumstances, members have the right to consult with counsel before making this election. Most of these rules vary by service.
What Is A Non-Judicial Punishment (Njp)?
- A non-judicial punishment falls under Article 15 of the UCMJ. It allows a commanding officer to determine a service member’s innocence or guilt for a minor offense. If the service member is determined guilty, the commanding officer can administer a punishment “in-house,” without the need for a judicial hearing. NJP is beneficial for violations of m...
What Happens During An Njp?
- A typical NJP situation take place as follows: 1. Article 15 action is initiated when a commander has reason to believe that a member of their command has committed a minor offense under the UCMJ. 2. A complaint against the accused may be filed with the commanding officer or the commander may receive a report from military law enforcement of an investigation. 3. The com…
Reasons For A Non-Judicial Punishment
- Non-judicial punishment is intended as measured disciplinary action for minor offenses committed by military service members. In this context, a minor offense is defined as misconduct not more serious than what is handled at summary court martial level with maximum punishment of confinement for 30 days. Examples of offenses considered to be minor are: 1. Petty theft 2. Late …
Non-Judicial Punishment (NJP) Consequences
- Of course, there are consequences when a service member receives an NJP. These include potential short and long-term effects on your military as well as civilian careers.
Examples of A Non-Judicial Punishment
- An important point to understand in terms of NJP is that accepting an Article 15 is not an admission of guilt. Instead, it is an acknowledgement on behalf of the accused that they accept the process and terms of the NJP. For example, Lt. Col. Lance Smith of the 35thFighter Wing Judge Advocate General (Air Force) explains the use of Article 15 as a tool for commanders to: …
Frequently Asked Questions
- How long does an NJP stay on your record? An Article 15 does become part of a service member’s official file. The exception is for E-4 and below: after two years (or PCS/ETS) any Article 15 is eliminated from the record. NJP is equivalent to civil action in that it doesn’t constitute a criminal or federal conviction. However, it does go on the individual’s service record for E-5 and …
Conclusion
- The purpose of non-judicial punishment in the U.S. military is to allow for individual service members to receive appropriate disciplinary measures for minor offenses at the discretion of their commanding officer. Commanders may invoke UCMJ Article 15 as a tool to promote order and discipline within a military unit and avoid trial by court martial for an individual. More serious offe…
Who Can Impose A Non-Judicial Punishment?
- In the Air Force and Army, a non-judicial punishment ("NJP") can only be carried out by a commanding officer. This means that only an officer on actual orders designating him or her as a commander can impose a NJP. In the Marine Corps and Navy, a NJP may be imposed by an "officer in charge." The naval term "officer in charge" means a specific offic...
What Is A Non-Judicial Punishment?
- A NJP is a procedure in which the commanding officer or officer in charge may: 1. Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command; 2. Afford the accused a hearing as to such offenses; and 3. Dispose of such charges by dismissing them, imposing punishment under the provisions of Article 15, or referring the case to a court-m…
What Is A Minor Offense?
- So what exactly constitutes a "minor offense?" This distinction has proven to be a controversial area of military law. Ultimately, determining if an offense is "minor" is a matter of discretion for a commanding officer or officer in charge. For illustration's sake, the term "minor offense" typically means misconduct less serious than a summary court-martial. (The maximum punishment for a …
Examples of Non-Judicial Punishments
- Maximum penalties for a NJP vary widely depending on the rank of the accused and that of the officer imposing punishment. Here are two general examples: If the officer imposing punishment holds general court martial authority, an officer accused of misconduct can be subject to: 1. Restriction to specified limits (not more than 60 days) 2. Arrest in quarters (not more than 30 day…
Additional Resources
- If you’re facing a NJP or a court-martial, you should speak to an attorney to protect your rights. You will normally have free access to a military defense attorney, but you should also consider retaining a civilian attorney specializing in military law. For more information on this, see FindLaw’s article on hiring civilian attorneys for military matters as well as FindLaw’s lawyer dire…