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The Justice Files: Nonjudicial Punishment for January 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 nonjudicial punishment has the right to either accept the offer of nonjudicial punishment or to demand a trial by court-martial. By accepting nonjudicial punishment, an Airman is not admitting guilt to the offense(s) for which the Airman has been offered nonjudicial punishment; 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 January 2013, the following Airmen received nonjudicial punishment here:

1. A 379th Expeditionary Aircraft Maintenance Squadron airman first class was offered NJP for being disrespectful to a commissioned officer, in violation of Article 89 of the UCMJ, and for being drunk and disorderly, in violation of Article 134 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman, forfeiture of $250 pay and a reprimand.

2. A 379th EAMXS airman first class was offered NJP for exposing his nude buttocks for a photograph in public view, which conduct, under the circumstances was prejudicial to good order and discipline, and, of a nature to bring discredit to the armed services, in violation of Article 134 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman, forfeiture of $250 pay and a reprimand.

3. Three 379th Expeditionary Communication Squadron senior airmen were offered NJP all for failing to obey the limit of three alcoholic beverages within an 18-hour period, in violation of Article 92 of the UCMJ. All three Airmen were found individually guilty and received individual punishments of suspended reductions to airman first class and individual reprimands.

4. A 379th Expeditionary Security Forces Squadron staff sergeant was offered NJP for failing to obey the threshold rule as outlined in U.S. Air Forces Central Command General Order 1B and for engaging in an unprofessional relationship. Both acts were separate violations of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a reduction to senior airman and a reprimand.

5. A 379th ESFS senior airman was offered NJP for giving another individual an unauthorized alcoholic beverage, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman first class, forfeiture of $285 pay per month for two months and a reprimand.

6. A 379th ESFS airman first class was offered NJP for failing to obey the threshold rule as outlined in AFCENT GO-1B, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman, forfeiture of $88 pay per month for two months and a reprimand.

7. A 379th ESFS airman first class was offered NJP for failing to obey the limit of three alcoholic beverages within an 18-hour period as outlined in 379th AEWI 34-219, paragraph 2.3.2, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman, forfeiture of $86 pay per month for two months and a reprimand.

8. A 577th Expeditionary Prime Beef Squadron staff sergeant was offered NJP for dereliction of duty by failing to maintain positive control of a firearm, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to senior airman, forfeiture of $482 pay per month for two months and a reprimand.

9. A 64th ESFS senior airman was offered NJP for failing to obey the threshold rule as outlined in AFCENT GO-1B, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman first class, forfeiture of $800 pay and a reprimand.

10. A 64th ESFS airman first class was offered NJP for failing to obey the threshold rule as outlined in AFCENT GO-1B, in violation of Article 92 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to Airman, forfeiture of $800 pay and a reprimand.

11. An 8th Expeditionary Air Mobility Squadron airman first class was offered NJP for absence without leave in violation of Article 86 of the UCMJ. The Airman was found guilty and received punishment of a suspended reduction to airman and a reprimand.

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