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The Justice Files: Nonjudicial Punishment for March 2013

  • Published
  • 379th Air Expeditionary Wing Legal Office
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. By accepting 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 a commander may issue include reduction in grade, forfeiture of pay, extra duty, restriction and a reprimand.

In March 2013, the following Airmen received NJP here:

1. A 379th Expeditionary Force Support Squadron technical sergeant was offered NJP for violating AFCENT GO-1B by possessing pornography while in the AOR, in violation of Article 92 of the UCMJ. The 379th EFSS sergeant's offer also contained two specifications for seeking a sexual relationship during her deployment via Craigslist, and also by purposefully spreading false rumors about having a relationship with her supervisor, which conduct was prejudicial to good order and discipline, in violation of Article 134 of the UCMJ. The sergeant was found guilty by her offering commander and received punishment of a reduction to staff sergeant and a reprimand. On appeal, her guilt was affirmed, but her punishment was reduced by the appellate authority to a suspended reduction to staff sergeant and a reprimand.

2 and 3. A 379th EFSS airman first class and a 379th Expeditionary Logistics Readiness Squadron senior airman were offered NJP for violating the AFCENT GO-1B threshold policy, in violation of Article 92 of the UCMJ. The 379th ELRS senior airman allowed the 379th EFSS airman first class into his quarters. The airman first class was found guilty and received punishment of a reprimand. The senior airman was found guilty and received punishment of a suspended reduction to airman first class and a reprimand.

4. A 379th ELRS staff sergeant was offered NJP for larceny of a drink at the Fox Sky Box, and violating local instruction 34-219 by consuming more than three drinks in an 18 hour period, in violation of Article 92 of the UCMJ. The sergeant was found guilty of consuming more than three drinks, and not guilty of stealing a drink. The sergeant received punishment of a suspended reduction to senior airman and a reprimand.

5. A 379th Expeditionary Security Forces Squadron airman first class was offered NJP for falling asleep on post, in violation of Article 113 of the UCMJ. The airman first class was found guilty and received punishment of reduction to airman and a reprimand.

6. A 379th Expeditionary Civil Engineer Squadron airman first class was offered NJP for making five false official statements, in violation of Article 107, as well as for uttering provoking, hateful speech, in violation of Article 117, and disorderly conduct that was prejudicial to good order and discipline, in violation of Article 134. The airman first class was found guilty and received punishment of reduction to airman basic suspended below airman, and a reprimand.

7. An AFFOR technical sergeant was offered NJP for violating local instruction 34-219 by wrongfully possessing alcohol offbase, in violation of Article 92 of the UCMJ. The offer also included four specifications for making false official statements, in violation of Article 107 of the UCMJ. The sergeant was found guilty and received punishment of suspended reduction to staff sergeant, forfeitures of $1,532 per month for two months, restriction to base for 34 days and extra duties for 34 days. The sergeant appealed, and the appellate authority affirmed both the finding of guilt and the punishment.

8. An AFFOR senior airman was offered NJP for violating the AFCENT GO-1B threshold policy, in violation of Article 92 of the UCMJ. The senior airman was found guilty and received a suspended reduction to airman first class and a reprimand.

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