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Justice Files - June 2013

  • Published
  • 379th Air Expeditionary Wing Judge Advocate General
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(s) 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,' or implemented, upon discovery of subsequent misconduct following imposition of punishment for an Article 15. Commanders can 'vacate' a 'suspended' punishment and also offer a new Article 15 for the same additional misconduct.

In June 2013, the following Airman received NJP at the 379th Air Expeditionary Wing:

A 379th Expeditionary Logistics Readiness Squadron master sergeant was offered NJP for violation of Article 128, assault consummated by a battery, for punching a coworker in the face. The master sergeant was found guilty and received punishment of a suspended reduction to the rank of technical sergeant, forfeiture of $500 pay for two months and a reprimand.

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