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Nonjudicial Punishment (NJP)

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Purpose of NJP

• Commander’s tool for maintaining good order and discipline

• Promotes behavior change in service- members without courts-martial

U.S. Marine Recruiting Poster

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Purpose is Prompt, Visible Discipline - Not Criminal

Conviction

• Hearing before CO

• Due Process protection complies with modern norms

• Procedure is less formal

Punishment on board USS Cyane – mid 1800s

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Who Imposes NJP?

• Commanding Officers

• Officers-in-Charge

U.S. Marine General Officers

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NJP Authority

• No one junior to CO or OIC may impose

• Not delegable– CO’s duty to ensure fair treatment of his

subordinates

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Limitations of Superior Commanders

• Cannot direct a subordinate commander to impose NJP

• Cannot influence which offenses should be disposed of under NJP

• Retains authority to take a case to his/her level for disposition

General Patton

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Joint Duty

-Members of different

services are assigned to same

unit

-Generally NJP authority is

retained by a superior of the

same branch

-Personnel may be returned to their

parent service for NJP

NATO Allied Joint Forces Command

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Offenses Punishable at NJP

• Designed for Minor offenses

• Generally - Offenses not punishable by:– Confinement for more than one year– Dishonorable Discharge

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Former Punishment

• NJP may be considered former punishment– NJP cannot be imposed for same misconduct

more than once

• If subsequently court-martialed for same offense, NJP punishment is credited against the court-martial sentence

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Civilian Action and NJP

• Military may punish member for misconduct where:– civilian punishment imposed was

exceptionally light– civilian punishment is impracticable for

continued military service– where unique military interest exists

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Notification and NJP• Service member shall be

informed in writing of:– charges against him or her– the fact that NJP is being considered– a summary of the evidence– the maximum NJP punishments possible– the right to refuse NJP

-The right to speak to a military attorney

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Refusal of NJP• May leave courts-martial

as only alternative

• Is not a right to demand trial by courts-martial

• Right to refuse expires upon imposition of NJP

punishment

– Members on ships may

not refuse NJP

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Rights at Hearing

• To be present and personally present case to the CO

• To remain silent, anything said at NJP may be used later at courts-martial

• A personal representative, though not necessarily a lawyer

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Rights at Hearing

• To be informed of and allowed to examine all evidence to be considered

• To be allowed to speak and present witnesses

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Civilian Witnesses

• Must be reasonably available

• CO has no power to require civilian’s attendance

Civilian Witness providing testimony

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Administrative Matters

• NJP Guide– used by CO’s when conducting NJP

• Military Rules of Evidence– do not apply at NJP

• Standard of Proof– Depends on the service

• U.S. Army – “beyond reasonable doubt”

• U.S. Navy – “preponderance of the evidence”

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Publication of NJP Results• Posting of results in

common area of unit• If for military

personnel only, may be published fully

• If civilians have access to information, names must be removed

• NJP is a military offense, not for public record

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CO Options at Hearing• CO chooses and

announces punishment at the hearing

• Impose NJP• Refer charges to courts-

martial• Postpone imposition of

punishment Commanding Officer announces NJP punishment

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Punishments• Admonition• Reprimand• Reduction in rate and pay• Forfeiture of pay• Loss of liberty• Extra Military Instruction

(EMI)• NO Prison Confinement

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Basis for Maximum Punishments• Grade of imposing officer

• Rank of service member (officer or enlisted)

• Whether it is a ship or shore command– bread & water may not be imposed on shore

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Clemency and Corrective Action

• A member’s commander or reviewing superior commander may:

– SET ASIDE NJP

• removes finding from member’s record

• exercised when there is clear injustice

• must take place within reasonable time frame

– ORDER UNEXECUTED PORTIONS OF PUNISHMENT TO BE CANCELLED

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• A member’s commander or reviewing superior commander may also :

– Reduce punishment– Suspend all or part of the punishment

• These actions must generally happen within four months of imposition

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Appeals

• All members have right to appeal NJP to immediate superior of the imposing officer

• Two grounds for appeal– punishment is unjust– punishment is disproportionate to offense

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• Service members must make timely appeal– must be submitted within five days of

imposition of NJP– extension for good cause may be requested

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Procedure for Appeal

• Submitted in writing by service member

• To the CO’s superior by way of the CO

• CO shall endorse the appeal and include– statement of facts– copies of documents and witness statements– copy of service member’s record of

performance

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Action of Appellate Authority

• “Abuse of Discretion” standard of review

• Can reduce, but not increase, punishment

• May take corrective action or order a rehearing

• At rehearing, maximum punishment limited to original NJP punishment

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