NonJudicial Punishment Information
YOU HAVE THE RIGHT TO
- Refuse NJP
- Appear before the CO during the NJP
- Remain silent or make a statement
- Have a spokesperson (other than an attorney)
- Confront witnesses and documents used against you
- Plead guilty or not guilty
- Present matters in your behalf (letters, documents, etc.):
- In Defense (if pleading not guilty, this shows why you are not guilty)
- In extenuation (if pleading guilty, this gives good reason why you did it)
- In mitigation (if pleading guilty, this is a reason why the CO should lessen your punishment)
- Have witnesses appear in your behalf
- On the merits of the offense or
- As good character witnesses
- Have NJP proceedings open to the public
- Appeal (if punishment is unjust or disproportionate to the offense)
Maximum Punishment
Company Grade (Company-Level) NJP
Restriction: 14 days
EPD: 14 days
Forfeitures: 7 day's pay
Reduction: None (CO must have promotion authority to be able to reduce)
Field Grade (Battalion-Level) NJP
Restriction: 60 days (45 if in conjunction with EPD)
EPD: 45 days
Forfeitures: ½ of pay for 2 months
Reduction: 1 pay grade
IF YOU REFUSE NJP
Charges may be dropped or
Administrative action may be taken (page 11 counseling, administrative separation, non-punitive letter of caution, etc.) or
Charges may be referred to either a summary or special court-martial
COURT MARTIAL PUNISHMENTS
Summary Court-Martial
Maximum Punishment
E-4 and below: to E-1
E-5 and above: 1 pay grade
Special Court-Martial
Maximum Punishment
Confinement: 12 months
Forfeitures: ⅔ pay for 12 months
Reduction: to E-1
Discharge: Bad Conduct Discharge (BCD)
Making Your Case: Personal & Character Statements
Before you come in for NJP counseling, think about what you will say and what others might say in your behalf. If you plan to make a statement, start work on it and bring it with you when you come in for counseling. If you plan to ask anyone else to be a witness, notify them and ask them if they are willing to be a witness for you. The following documents provide guidance on making statements and preparing character witnesses.
Your Personal Statement
Request for and Outline of Character Statement (specifically designed to be submitted in writing at court-martial)
References
- Manual for Courts-Martial (2012 Edition)
- Nonjudicial Punishment Procedure: Part V (pages 429-437)
- Manual of the Judge Advocate General (JAGMAN)
- Regulations Implementing & Supplementing the MCM: Chapter 1, Part B (pages 25-44)
- Accused’s Notification and Election of Rights: A-1-d (pages 112-115)
- Captain’s Mast/Office Hours Guide (i.e. the script the CO should follow during NJP): A-1-e (pages 115-118)