Everyone who signs up for the Armed Forces know that they must follow the rules under the Uniform Code of Military Justice (UCMJ). Violating these rules has consequences. Among these is NJP or non-judicial punishment.
What exactly is NJP, and what would prompt NJP proceedings? This guide provides more insight on NPJs and what military members can do when being given NJP.
Contents
Defining Non-Judicial Punishment (NJP)
Detailed under Article 15 of the UCMJ, a nonjudicial punishment is a disciplinary measure taken by a commanding officer to punish minor offenses without warranting a court-martial. Also known as Captain’s Mast or office hours, the commanding officer imposing punishment has jurisdiction over the matter. They serve as judge and jury on the issue.
Minor offenses like petty theft, reporting late for duty, providing false information, destroying government property, disobeying standing orders, and sleeping on watch may warrant this type of punishment.
What are your Legal Rights with NJP?
Service members who receive NJP are granted rights, and they should be aware of their rights. Air Force or Navy members don’t have to automatically accept NJP. Here are some rights service members should know of:
- Service members can refuse nonjudicial punishment.
- They should appear before their commanding officer, imposing punishment when receiving NJP.
- They can remain silent or opt to make a statement.
- They can have a spokesperson other than an attorney.
- They can confront witnesses and documents utilized against them.
- They can present materials on their behalf, like documents, letters, and the like.
- They can have witnesses to support their side.
- They can have the NJP proceedings open to the public.
- They can appeal the NJP if they wish to do so.
Potential Consequences of Accepting a Non-Judicial Punishment
An NJP hearing is meant to address minor offenses, which means that in most cases, the consequences aren’t as severe as offenses for serious criminal misconduct. Some of the potential consequences for an NJP offense include forfeiture of pay (maximum of half their monthly pay for two months), grade reduction, detention of pay, extra duties, confinement on diminished rations, arrest in one’s quarters (maximum of 30 days), restriction to specific areas (up to 60 days only) and correctional custody.
The commanding officer serves as the judge in an NJP hearing, so they get the final say on what the punishment is to discipline service members. However, military members don’t have to necessary accept an NJP. They can choose to reject it and request a court-martial.
Accepting vs. Rejecting NJP
Should you accept or reject NJP? Service members must consider several factors, including their rank and grade in the military, the amount of evidence presented against them, court-martial risk, how severe the charges are, the number of deployments, collateral administrative consequences, prior service, and the like.
Fundamentally, service members should ask themselves, “Can I plead guilty to something I’m confident I’m not guilty of?” Whether they accept NJP or not depends on their answer to this question.
Accepting an NJP means pleading guilty to the accusation thrown their way. If a service member accepts NJP, they still have the opportunity to present evidence against the accusations made against them. However, the commanding officer has authority over what they say regarding the evidence presented.
Alternatively, service members can reject an NJP. This automatically means that they prefer undergoing a court martial instead of a non-judicial punishment. Choosing this option means the service member would prefer the government to make the final decision on the incident or case.
The government can opt to convene a trial and prove the accusations made against the service member or not pursue the violation. Service members can get the help of a military attorney if the court martial pushes through.
It would be ideal to confer with a military lawyer when dealing with non judicial punishment that could have severe long-term effects on one’s career. While there’s no guarantee the accused service member would be cleared of all charges, they would have a better chance of less severe punishment with the help of legal counsel.
Appealing an NJP Decision
It’s possible to appeal a captain’s mast, but it can be challenging to appeal a non-judicial punishment. The Manual for Courts-Martial (MCM) says that those punished under Article 15 who consider their punishment unjust have the option to appeal the decision through appropriate channels to the next superior authority.
Fundamentally, service members can choose between two bases for an appeal: an unjust punishment or a punishment considered disproportionate to the offense. While it’s hard to appeal an NJP, it’s not impossible so military members who were wrongfully sentenced can fight the decision.
Service members filing an appeal to an NJP must write a letter to a superior authority through legal channels. However, filing an appeal doesn’t mean the punishment imposed would be suspended. While the appeal is still ongoing, the service member must still carry out the punishment ordered by the officer.
Conclusion
Understanding one’s rights is important when issued an NJP. Aside from the rules outlines by the UCMJ, service members should also familiarize themselves with the Servicemembers Civil Relief Act (SCRA). To maximize the SCRA, one should prove their military status, and SCRACVS can help military personnel get the evidence they need. Click here to sign up at SCRACVS and verify the active duty status.
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FAQs
What does NJP stand for in the military?
NJP means nonjudicial punishment in the military. This punishment is made to discipline service members for minor offenses.
What does battalion-level NJP mean?
This refers to a nonjudicial punishment made at the batallion level. An NJP is an informal punishment for low-level offenses in the military.
Can you refuse NJP?
Yes. A service member can refuse a nonjudicial punishment and push through for a court-martial. They can also choose to appeal an NJP.
What is Article 15 in the UCMJ?
Article 15 are punishments issued in the military to punish soldiers on offenses that don’t necessarily demand a court martial. It is also known as a nonjudicial punishment and captain’s mast.
How does NJP differ from a court-martial?
An NJP is considered more informal than a court-martial. The punishments carried out when being given an NJP are also less severe than a court martial in general.
How long does NJP stay on your record?
A nonjudicial punishment can remain on one’s permanent record indefinitely. It can appear on background checks and stay on one’s record even after being discharged from the military.
Does NJP affect my discharge?
Yes. It can potentially affect the discharge characterization a person is given once they leave military service. While having one NJP in one’s record may not warrant a less than favorable discharge, several NJPs may result in a less desirable discharge that could affect one’s long-term veterans’ benefits.