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Justice Files – October 2013

  • Published
  • 379th Air Expeditionary Wing Judge Advocate General
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. 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 October 2013, the following Airmen received NJP at the 379th Air Expeditionary Wing:

A 609th Air Operations Center master sergeant was offered NJP for one violation of Article 92, dereliction of duty, for violating curfew; and violation of Article 107, false official statement, for lying about his whereabouts and return to base. The master sergeant was found guilty and received punishment of a reduction to the grade of technical sergeant and a reprimand.

A 379th Expeditionary Logistics Readiness Squadron senior airman was offered NJP for one violation of Article 92, failure to obey a lawful general regulation, for consuming alcohol not purchased by a common access card and in a prohibited location; and a violation of Article 134, drunk on station after being found sick in the enlisted club restroom from the alcohol. The senior airman was found guilty and received a punishment of a suspended reduction to the grade of airman first class, forfeiture of $675 pay per month for two months, and a reprimand.

A 379th Expeditionary Security Forces Squadron senior airman was offered NJP for one violation of Article 113, misbehavior of a sentinel or lookout, for falling asleep while on post. The senior airman was found guilty and received punishment of a suspended reduction to the grade of airman first class and a reprimand.

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