USAF First Sergeant Academy NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI 36-2608 and AFI 51-202 NONJUDICIAL PUNISHMENT Reference - Manual for Courts-Martial and AFI 51-202 Lesson Objective: Comprehend the rationale for nonjudicial punishment and apply the steps involved in the process. Samples of Behavior: 1. Summarize the purpose and sources of authority for imposition of NJP. 2. Explain the responsibilities of the commander exercising NJP authority. 3. Explain the steps required to punish an individual using NJP. 4. Differentiate between the tools available to the commander during and after the punishment phase. People are our business 1 1 1 1

People are our business OVERVIEW PURPOSE LIMITATIONS RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS People are our business 3 3 2 3

People are our business PURPOSE “Provides commanders with a means of maintaining good order and discipline... and to promote positive behavior changes... without the stigma of a courts-martial conviction.” MCM, Part V People are our business 3

People are our business PURPOSE REHABILITATION (Nature is actually punishment) PROVIDES A FAIR, SWIFT AND EFFICIENT METHOD TO DEAL WITH OFFENSES TOO SERIOUS TO BE HANDLED ADMINISTRATIVELY, BUT NOT SERIOUS ENOUGH FOR COURTS-MARTIAL People are our business 5 5 4 5

People are our business LIMITATIONS SUBJECT TO NJP ACTION NJP STATUTE OF LIMITATIONS DOUBLE PUNISHMENT People are our business

People are our business RESPONSIBILITIES AUTHORITY GCM CONVENING AUTHORITY EXERCISES SUPERVISION OVER NJP AUTHORITY MAY BE WITHHELD, ALL OR IN PART, BY SUPERIOR CC People are our business 4 4 5 4

People are our business RESPONSIBILITIES COMMANDERS MUST: BE CONVINCED THE ACCUSED PERSON COMMITTED AN OFFENSE UNDER THE UCMJ CONSULT THE SJA ARTICLE 15 - STANDARDS OF PROOF, OR RULES OF EVIDENCE NOT REQUIRED; THE ACCUSED CAN DEMAND TRIAL BY COURT-MARTIAL People are our business 6

People are our business ARTICLE 15 PROCEEDINGS OFFENSE COMMITTED REPORTED TO COMMANDER INVESTIGATE People are our business 7 7 7 7

People are our business ARTICLE 15 PROCEEDINGS CONSULT SJA AMJAM RIP WHO WILL INITIATE? PERTINENT INFORMATION UNIT COMMANDER REFERRAL COMMANDER SJA PREPARES SJA PREPARES AF FORM 3070 AF FORM 3070 People are our business 8 8 8 8

People are our business ARTICLE 15 PROCEEDINGS SJA OFFICE Unit CC initiates Article 15 action DRAFTS SPEC’S CC NOTIFIES MEMBER GIVE MEMBER 3 DUTY DAYS People are our business 9 9 9 9

People are our business ARTICLE 15 PROCEEDINGS MEMBER ELECTS OPTIONS DEMANDS TRIAL BY ACCEPTS COURT-MARTIAL ARTICLE 15 PUNISHMENT FORWARD TO SJA People are our business 10 10 10 10

ARTICLE 15 PROCEEDINGS RECEIVE MEMBER’S WRITTEN PRESENTATION RECEIVE MEMBER'S ORAL PRESENTATION ARTICLE 31 RIGHTS WITNESS INFORM OF EVIDENCE SPOKESPERSON SHOW DOCUMENTS/OBJECTS OPEN TO PUBLIC, IF APPLICABLE People are our business 11 11 11 11

People are our business ARTICLE 15 PROCEEDINGS CONSULT SJA ON PUNISHMENT PREPARE PUNISHMENT ENDORSEMENT IMPOSE PUNISHMENT People are our business 13 13 13 13

People are our business ARTICLE 15 PROCEEDINGS DOES INDIVIDUAL APPEAL? NO YES 5 DAYS TO ELECT UIF DECISION, FORWARD APPEAL OPTIONS TO SJA FORWARD APPEAL THROUGH SJA TO APPELLATE AUTHORITY People are our business 17 17 17 17

People are our business ARTICLE 15 PROCEEDINGS APPEAL OPTIONS INDIVIDUAL HAS 5 DAYS TO SUBMIT APPEAL PROCESSED AS ANY OTHER APPEAL PUNISHMENT NOT STAYED UNLESS REQUESTED BY MEMBER AFTER 5 DAYS OF NO ACTION ON THE APPEAL People are our business 18 18 18 18

ARTICLE 15 PROCEEDINGS (APPEAL PROCESS) People are our business APPELLATE AUTHORITY RENDERS DECISION INDIVIDUAL ACKNOWLEDGES RECEIPT NECESSARY ACTION TAKEN & UIF DECISION People are our business 19 19 19 19

People are our business ARTICLE 15 PROCEEDINGS SNCO SELECTION FOLDER (Ref: AFI 36-2608) CC IMPOSING ART 15 PUNISHMENT ON SNCO MUST DECIDE WHETHER TO FILE IN SELECTION FOLDER REVIEWED BY NEXT SUPERIOR CC IF MEMBER REDUCED BELOW E-7, CC STILL MAKES DECISION People are our business 32 32 29 32

People are our business ARTICLE 15 PROCEEDINGS SNCO SELECTION FOLDER DECISION LETTER IS PART OF THE ART 15 PROCESS DELAY IN PREPARING DECISION LETTER DELAYS ARTICLE 15 FORWARDED TO SJA WITH ARTICLE 15 RETENTION PERIOD: 2 YRS OR ONE PROMOTION BOARD CONSIDERATION People are our business 33 33 30 33

People are our business ARTICLE 15 PROCEEDINGS PUNISHMENT BASED ON: OFFENDER’S RANK COMMANDER’S RANK AND TITLE People are our business 20 20 20 20

People are our business ARTICLE 15 PROCEEDINGS PUNISHMENTS REDUCTION IN GRADE FORFEITURE OF PAY REPRIMAND RESTRICTION EXTRA DUTY People are our business 21 21 21 21

People are our business ARTICLE 15 PROCEEDINGS PUNISHMENTS Correctional Custody Limited Availability in Some Commands Arrest in Quarters Pertains to Officers Only People are our business

People are our business COMMANDER’S TOOLS MCM -- PART V, PARA 6 SETTING ASIDE SUSPENSION MITIGATION REMISSION People are our business 26 26 23 26

People are our business COMMANDER’S TOOLS VACATION ACTION PREVIOUSLY SUSPENDED PUNISHMENT MAY BE VACATED (AF FM 366) IF: DURING THE SUSPENSION PERIOD, MEMBER COMMITS A SECOND OFFENSE UNDER THE UCMJ, OR VIOLATES A CONDITION OF THE PROBATION VACATION ACTION MUST BE INITIATED DURING SUSPENSION PERIOD People are our business 31 31 28 31

People are our business SUMMARY PURPOSE RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS People are our business 3 3 2 3