Justice Files – September 2013 Published Oct. 9, 2013 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. 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 September 2013, the following Airmen received NJP at the 379th Expeditionary Wing: A 379th Expeditionary Aircraft Maintenance Squadron senior airman was offered NJP for violation of Article 86, absent without leave, after repeated failures to arrive for duty in a timely manner. The senior airman was found guilty and received punishment of a reduction to the grade of airman first class, restriction to the limits of the installation for 30 days and a reprimand. An 8th Expeditionary Air Mobility Squadron airman first class was offered NJP for violation of Article 92, dereliction of duty, for failing to report a vehicle accident on the flight line; and violation of Article 107, false official statement, for lying about the accident. The airman first class was found guilty and received a punishment of a suspended reduction to the grade of airman, forfeitures of $500 pay for two months and a reprimand. A 379th Expeditionary Operations Support Squadron senior airman was offered NJP for two violations of Article 92, dereliction of duty, for falling asleep while on duty and failing to update safety information for the squadron. The senior airman was found guilty and received punishment of a reduction to the grade of airman first class and a reprimand. A 379th Expeditionary Maintenance Squadron staff sergeant was offered NJP for two violations of Article 92, dereliction of duty, for failing to follow technical orders resulting in significant damage to an aircraft. The staff sergeant was found guilty and received punishment of a suspended reduction to senior airman, forfeitures of $250 pay for two months and a reprimand. A 379th Expeditionary Maintenance Squadron airman first class was offered NJP for violation of Article 92, dereliction of duty, for creating a hostile work environment in the shop; and violation of Article 134, indecent language, for making an inappropriate and lewd comment to a female airman. The airman first class was found guilty and received a punishment of a suspended reduction to airman, forfeiture of $849 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.