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Nonjudicial Punishment, January 2015

  • Published
  • 379th Air Expeditionary Wing Judge Advocate General
AL UDEID AIR BASE, Qatar --  Nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) enables commanders to maintain good order and discipline in a fair and swift process without the negative implications of a court-martial conviction.

An Airman who is offered NJP has the right to either accept the offer of NJP or to demand a trial by court-martial. An NJP offer is a “forum” choice; the Airman offered NJP must decide whether he or she wants to let his or her commander act as “judge and jury” instead of facing a court-martial. By accepting the offered NJP, an Airman is not admitting guilt to the offense or offenses for which the Airman has been offered NJP; rather, the Airman is electing to allow the commander to decide whether the Airman is guilty and, if so, what the Airman’s punishment should be.

Potential punishments that a commander may issue include reduction in grade, forfeiture of pay, extra duty, restriction, and a reprimand. The commander may also decide to impose “suspended” punishments, which can be “vacated” if the Airman is involved in subsequent misconduct within the specified suspension period after the Article 15. Commanders can “vacate” a “suspended” punishment and also offer a new Article 15 for the same additional misconduct.

In December 2014, the following Airmen received NJP at Al Udeid Air Base:

1. A 609th Combined Air and Space Operation Center Captain accepted NJP for two violations of Article 86, Failure to go. The Captain was found guilty of both violations of Article 86 and received punishment of restriction for 30 days, forfeitures of $2,853.00 pay for two months, and a reprimand.

2. A 379th Expeditionary Security Forces Squadron Senior Airman accepted NJP for a violation of Article 92, Failure to obey a regulation. The Senior Airman was found guilty of the violations of Article 92 and received punishment of reduction to E-3, suspended forfeitures of $1,017.00 pay per month for two months, and a reprimand.

3. A 379th Expeditionary Security Forces Squadron Staff Sergeant accepted NJP for a violation of Article 92, Sexual harassment. The Staff Sergeant was found guilty of the violation of Article 92 and received punishment of a suspended reduction to E-4 and a reprimand.

For information on NJP, refer to AFI 51-202, Nonjudicial Punishment, and Part V of the Manual for Courts-Martial.