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Justice Files - November 2013

Posted 12/5/2013   Updated 12/5/2013 Email story   Print story

    


by 379th Air Expeditionary Wing Legal Office

12/5/2013 - SOUTHWEST ASIA  -- Nonjudicial punishment under Article 15 of the Uniform Code of Military Justice enables commanders to maintain good order and discipline in a fair and swift process, without the negative implications for an Airman that are carried with 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 November 2013, the following Airmen received NJP at the 379th Air Expeditionary Wing:

A 379th Expeditionary Security Forces Squadron staff sergeant was offered NJP for one violation of Article 134, adultery. The staff sergeant was found guilty and received punishment of a suspended reduction to the grade of senior airman, forfeiture of $500 pay per month for two months, 7 days of extra duty, and a reprimand.

A 379th ESFS senior airman was offered NJP for two violations of Article 134, adultery. The senior airman was found guilty and received punishment of a suspended reduction to the grade of airman first class, forfeiture of $474 pay per month for two months, and a reprimand.

A 379th Expeditionary Logistics Readiness Squadron airman 1st class was offered NJP for two violations of Article 92, dereliction of duty, for falling asleep while on duty and operating an elevated work platform under hazardous working conditions by having the platform fully extended while asleep in the platform. The airman first class was found guilty and received punishment of a reduction to the grade of airman and a reprimand.

A 379th ELRS senior airman was offered NJP for one violation of Article 86, absence without leave, after repeated failures to report for regular duty. The senior airman was found guilty and received punishment of a suspended reduction to the grade of airman first class and a reprimand.

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



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