View Full Version : Non Judicial Punishment (NJP)


FriscoLady
10-04-2003, 12:39 PM
The military has provisions for a Commanding Officer (CO) or Officer in Charge (OIC) to deal with minor disciplinary problems (i.e., disrepect to a senior enlisted or officer, missing movement of a vessel or aircraft, failure to report to assigned duty station, etc.) within his command. NJP is known as a Captain's Mast in the Coast Guard and Navy, Office Hours in the Marine Corp, and Article 15 in the Air Force and Army.

The authority and procedures of the Captain's Mast derives from the Article 15 of the UCMJ (Uniform Code of Military Justice) and the Manual of Courts-Martial, Part V.

A CO can utilize NJP to deal with minor offenses committed both on or off base.

The CO can also pursue NJP proceedings against military personnel already tried for the same offense in either a civilian court. This includes either a civilian court of a foriegn country or a court with jurisdiction within the United States or it's territories. Military personnel are not subject to NJP if the matter has been previously tried in a Federal Court.

However, with the exception of personnel assigned to a vessel, military personnel have the right to refuse NJP and demand trial by Courts-Martial.

Under the precedures of the Captain's mast a Commanding Officer or Officer in Charge (OIC) may do the following:

1. Investigate the offense and the fact concerning it. An Investigating Officer is appointed by the CO to conduct the investigation;

2. Hold a hearing concerning the offense, where the facts are presented to the Commanding officer or Officer in Charge. The accused also has the opportunity to speak on his own behalf or may have a Mast Representative for the Proceedings;

3. Once the facts are presented from both sides the Commanding Officer or Officer in Charge may:

a. dismiss the charges, or;

b. impose punishment as prescribed by Article 15, Uniform Code of Military Justice;

c. refer the case to Courts-Martial.

If the CO decides that punishment is appropriate, he is limited as to the amount of punishment he can award by the rank he holds and the rank of the accused.

I was thinking about listing all the punishments that can be awarded, and will be happy to if you would like to see them. However, I have to say that it is quite an extensive list that involves varying punishments that can be awarded by as noted above. I will give a couple of examples though:

Punishment that can be awarded by an officer of the rank of Lieutenant Commander (O-4) to Captain (O-6) to an officer brought to mast:

"Admonition or reprimand;

Restriction: for not more than 30 days."

Punishment that can be awarded by a Commanding Officer of the rank of Lieutenant Commander (O-4) and above to enlisted personnel:

"Admonition or reprimand;

Confinement on bread and water/diminished rations - only for pay grades E-1, 2, and 3 ( Seaman Recruit, Seaman Apprentice, and Seaman) attached or assigned to a vessel and for not more than three days;

(Note: I don't know about the Navy and Marines, however, this punishment is no longer used in the Coast Guard. I sincerely, doubt that it has been used by any of the services in recent times.)

Correction custody: for not more than 30 days;

Forfeiture of not more than half of one months pay per month for two months;

Reduction of one pay grade;

(Note: This punishment varies according to the service the accused is a member of.)

Extra duties for not more than 45 days;

restriction to the base or unit for not more than 60 days.

As I said there is a whole list of punishments that varies according to rank of the accused, Commanding Officer, and the military service involved that goes on forever. So, I hope that is a good example of what can be awarded at Non Judicial Punishment."

I know this is really dry reading, as is all law, and it would be worse if I took it straight from the Manual for Courts-Martial or the UCMJ.

I do hope this is informative.

Patti