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 |
Field Grade (Battalion-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)
|
- 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
| Max Punishment: Summary Court-Martial |
Max Punishment: Special Court-Martial
|
- E-4 and below: to E-1
- E-5 and above: 1 pay grade
|
- 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.
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)