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Justice Files - July, August 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 July and August 2013, the following Airmen received NJP at the 379th Air Expeditionary Wing:

A 379th Expeditionary Civil Engineer Squadron staff sergeant was offered NJP for violation of Article 92, disobeying a lawful general order, by consuming more than three alcoholic beverages within an 18-hour period; violation of Article 107, false official statement, for lying to security forces personnel; and violation of Article 134, drunkenness, for being belligerent with members of security forces. The staff sergeant was found guilty and received punishment of a suspended reduction to the grade of senior airman, forfeiture of $1,201 pay for two months, restriction to the limits of the installation for 45 days and a reprimand.

A 379th ECES senior master sergeant was offered NJP for violation of Article 92, disobeying a lawful general order, by consuming more than three alcoholic beverages within an 18-hour period; violation of Article 107, false official statement, for lying to security forces personnel; and violation of Article 134, drunkenness, for being belligerent with members of security forces. The senior master sergeant was found guilty of the Article 92 and Article 134 offenses, but not the Article 107 offense. The punishment received was a reduction to the grade of master sergeant and a reprimand.

A 379th ECES staff sergeant was offered NJP for violation of Article 92, disobeying a lawful general order, by consuming more than three alcoholic beverages within an 18-hour period. The staff sergeant was found guilty and received punishment of a reprimand.

A 379th ECES senior airman was offered NJP for violation of Article 92, disobeying a lawful general order, by consuming more than three alcoholic beverages within an 18-hour period. The senior airman was found guilty and received punishment of a reprimand.

A 379th Expeditionary Security Forces Squadron staff sergeant was offered NJP for violation of Article 86, absence without leave, for failing to report to guard mount. The staff sergeant was found guilty and received a punishment of a suspended reduction to senior airman, forfeiture of $500 pay for two months, 14 days extra duty and a reprimand.

A 379th ESFS senior airman was offered NJP for 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 forfeiture of $250 pay for two months and a reprimand.

A 379th ESFS airman first class received a vacation action from a previous NJP for violation of Article 86, absence without leave, for failing to report to duty and violation of Article 92, dereliction of duty, for failing to change his rank after receiving a reduction in grade from his previous Article 15. The airman first class was found guilty and received a punishment of forfeiture of $424 pay.

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