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July 2011 Justice Files

  • Published
  • By 451 AEW Legal Office
  • 451 AEW Legal Office
KANDAHAR AIRFIELD, Afghanistan --  There were no courts-martial, and three Article 15s in the month of July.

Nonjudicial punishment (NJP) provides commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in service members without the stigma of a court-martial conviction

When a commander initiates a NJP action, it is the first step in determining whether a member has committed a crime under the UCMJ. The commander believes there is evidence that an Airman committed a crime and that nonjudicial punishment is more appropriate than lesser administrative actions or trial by a court-martial.

Acceptance of the NJP action is not a "guilty plea." It is merely a choice of forum - the member is requesting that the commander be the judge and jury rather than proceeding to trial by court-martial. During the process, they have the opportunity to consult with an Area Defense Counsel, and respond to the allegations, including providing evidence for the commander's consideration, before the commander makes a determination. If found guilty, commanders (depending on their rank) may impose punishments, in the form of reductions in grade, forfeitures of pay, extra duties, restriction to base, and a reprimand.

ARTICLE 15s

A Staff Sergeant violated Article 128 of the UCMJ. Specifically, the Staff Sergeant committed an assault that was consummated by a battery. Punishment consisted of a suspended reduction to the grade of Senior Airman, 15 days extra duty with those days of extra duty above 13 days suspended, and a reprimand.

A Senior Airman violated Articles 91 and 92 of the UCMJ. Specifically, the Senior Airman was willfully and negligently derelict in the performance of his/her duties and disrespected an NCO within his/her office. Punishment consisted of a suspended reduction to the grade of Airman First Class, forfeitures of $822.00 pay for one month, and a reprimand.

An Airman First Class violated Article 92 of the UCMJ. Specifically, the Airman First Class was willfully derelict in the performance of his/her duty. Punishment consisted of a suspended reduction to the grade of Airman and a reprimand.

For more information about NJP, see Article 15, Uniform Code of Military Justice (UCMJ) and AFI 51-202, Nonjudicial Punishment, dated 7 November 2003 (Incorporating Through Change 2, 16 May 2007).