people are our business nonjudicial punishment references: manual for courts-martial, afi 36-2608...

People are our People are our businessbusiness

NONJUDICIAL NONJUDICIAL PUNISHMENTPUNISHMENT

References: Manual for Courts-Martial, References: Manual for Courts-Martial,

AFI 36-2608 and AFI 51-202 AFI 36-2608 and AFI 51-202

USAF First Sergeant AcademyUSAF First Sergeant Academy

People are our People are our

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OVERVIEWOVERVIEW

PURPOSELIMITATIONSRESPONSIBILITIESARTICLE 15 PROCEEDINGSCOMMANDER’S TOOLS


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PURPOSEPURPOSE

“Provides commanders with a means of maintaining good order and discipline... and to promote positive behavior changes... without the stigma of a courts-martial conviction.” MCM, Part V


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PURPOSEPURPOSE

REHABILITATION (Nature is actually punishment)

PROVIDES A FAIR, SWIFT AND EFFICIENT METHOD TO DEAL WITH OFFENSES TOO SERIOUS TO BE HANDLED ADMINISTRATIVELY, BUT NOT SERIOUS ENOUGH FOR COURTS-MARTIAL


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LIMITATIONSLIMITATIONS

SUBJECT TO NJP ACTIONNJP STATUTE OF LIMITATIONSDOUBLE PUNISHMENT


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RESPONSIBILITIESRESPONSIBILITIES

AUTHORITY

GCM CONVENING AUTHORITY EXERCISES SUPERVISION OVER NJP

AUTHORITY MAY BE WITHHELD, ALL OR IN PART, BY SUPERIOR CC


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RESPONSIBILITIESRESPONSIBILITIES

COMMANDERS MUST:– BE CONVINCED THE ACCUSED

PERSON COMMITTED AN OFFENSE UNDER THE UCMJ

CONSULT THE SJA– ARTICLE 15 - STANDARDS OF PROOF,

OR RULES OF EVIDENCE NOT REQUIRED; THE ACCUSED CAN DEMAND TRIAL BY COURT-MARTIAL


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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS

OFFENSE OFFENSE COMMITTEDCOMMITTED

REPORTEDREPORTED TOTO

COMMANDERCOMMANDER

INVESTIGATEINVESTIGATE


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WHO WILL WHO WILL INITIATEINITIATE??

AF FORM 3070AF FORM 3070SJA PREPARESSJA PREPARES

AF FORM 3070AF FORM 3070

UNIT COMMANDERUNIT COMMANDER REFERRAL COMMANDERREFERRAL COMMANDER

CONSULT SJACONSULT SJA

PERTINENTPERTINENTINFORMATIONINFORMATION

AMJAMAMJAM RIPRIP

SJA PREPARESSJA PREPARES


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DRAFTS SPEC’SDRAFTS SPEC’S

CC NOTIFIESCC NOTIFIESMEMBERMEMBER

GIVE MEMBERGIVE MEMBER3 DUTY DAYS3 DUTY DAYS

SJA OFFICESJA OFFICEUnit CC Unit CC initiatesinitiates

Article 15 Article 15 actionaction


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MEMBER ELECTSMEMBER ELECTS

OPTIONSOPTIONS

ACCEPTSACCEPTSARTICLEARTICLE 15 15PUNISHMENTPUNISHMENT

DEMANDSDEMANDSTRIAL BYTRIAL BY

COURT-MARTIALCOURT-MARTIAL

FORWARDFORWARDTO SJATO SJA



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RECEIVE MEMBER’S WRITTEN PRESENTATIONRECEIVE MEMBER’S WRITTEN PRESENTATION

RECEIVE MEMBER'S ORAL PRESENTATIONRECEIVE MEMBER'S ORAL PRESENTATION

- ARTICLE 31 RIGHTSARTICLE 31 RIGHTS

-SHOW DOCUMENTS/OBJECTSSHOW DOCUMENTS/OBJECTS

- INFORM OF EVIDENCEINFORM OF EVIDENCE

-OPEN TO PUBLIC, IF APPLICABLEOPEN TO PUBLIC, IF APPLICABLE

-SPOKESPERSONSPOKESPERSON

-WITNESSWITNESS



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CONSULT SJACONSULT SJAON PUNISHMENTON PUNISHMENT

PREPAREPREPAREPUNISHMENTPUNISHMENT

ENDORSEMENTENDORSEMENT

IMPOSEIMPOSEPUNISHMENTPUNISHMENT



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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS

DOES INDIVIDUALDOES INDIVIDUALAPPEAL?APPEAL?

UIF DECISION, FORWARD UIF DECISION, FORWARD TO SJATO SJA

NONO YESYES

FORWARD APPEALFORWARD APPEALTHROUGH SJA TOTHROUGH SJA TO

APPELLATE AUTHORITYAPPELLATE AUTHORITY

5 DAYS TO ELECT5 DAYS TO ELECTAPPEAL OPTIONSAPPEAL OPTIONS


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APPEAL OPTIONS– INDIVIDUAL HAS 5 DAYS TO SUBMIT

APPEAL

– PROCESSED AS ANY OTHER APPEAL

– PUNISHMENT NOT STAYED UNLESS REQUESTED BY MEMBER AFTER 5 DAYS OF NO ACTION ON THE APPEAL


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APPELLATEAPPELLATEAUTHORITY RENDERSAUTHORITY RENDERS

DECISIONDECISION

INDIVIDUALINDIVIDUALACKNOWLEDGESACKNOWLEDGES

RECEIPTRECEIPT

NECESSARY ACTIONNECESSARY ACTIONTAKEN & UIF DECISION TAKEN & UIF DECISION

ARTICLE 15 PROCEEDINGS ARTICLE 15 PROCEEDINGS (APPEAL PROCESS)(APPEAL PROCESS)


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SNCO SELECTION FOLDER (Ref: AFI 36-2608)– CC IMPOSING ART 15 PUNISHMENT ON SNCO

MUST DECIDE WHETHER TO FILE IN SELECTION FOLDER

– REVIEWED BY NEXT SUPERIOR CC

– IF MEMBER REDUCED BELOW E-7, CC STILL MAKES DECISION


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SNCO SELECTION FOLDER– DECISION LETTER IS PART OF THE ART 15 PROCESS

– DELAY IN PREPARING DECISION LETTER DELAYS ARTICLE 15

– FORWARDED TO SJA WITH ARTICLE 15

– RETENTION PERIOD: 2 YRS OR ONE PROMOTION BOARD CONSIDERATION


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PUNISHMENT – BASED ON:

• OFFENDER’S RANK• COMMANDER’S RANK AND TITLE


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PUNISHMENTS– REDUCTION IN GRADE

– FORFEITURE OF PAY

– REPRIMAND

– RESTRICTION

– EXTRA DUTY


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PUNISHMENTS

–Correctional Custody• Limited Availability in Some

Commands

–Arrest in Quarters• Pertains to Officers Only


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COMMANDER’S COMMANDER’S TOOLSTOOLS

MCM -- PART V, PARA 6– SETTING ASIDE– SUSPENSION – MITIGATION– REMISSION


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COMMANDER’S TOOLSCOMMANDER’S TOOLS

VACATION ACTION– PREVIOUSLY SUSPENDED PUNISHMENT MAY

BE VACATED (AF FM 366) IF: DURING THE SUSPENSION PERIOD, MEMBER COMMITS A SECOND OFFENSE UNDER THE UCMJ, OR VIOLATES A CONDITION OF THE PROBATION

– VACATION ACTION MUST BE INITIATED DURING SUSPENSION PERIOD


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SUMMARYSUMMARY

PURPOSE RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS

people are our business nonjudicial punishment references: manual for courts-martial, afi 36-2608...

Documents

business article

punishment article

sja article

appeal slide

action slide

decision slide

courtmartial slide

v slide