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June 2011 Justice Files

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

Nonjudicial punishment 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 Articles 92 and 107 of the UCMJ. Specifically, the Staff Sergeant violated multiple general orders and made a false official statement. Punishment consisted of a suspended reduction to the grade of Senior Airman, suspended forfeitures of $1,115 pay for one month, and a reprimand.

A Staff Sergeant violated Article 92 of the UCMJ. Specifically, the Staff Sergeant failed to obey a lawful order. Punishment consisted of reduction to the grade of Senior Airman and a reprimand.

A Senior Airman violated Article 92 of the UCMJ. Specifically, the Senior Airman was derelict in the performance of his/her duty and failed to obey a lawful order. Punishment consisted of a suspended reduction to Airman First Class, suspended forfeitures of $975.00 pay for one month, and a reprimand.

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

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