Non-judicial Punishment (NJP)

Aggressive, early intervention by civilian counsel can frequently minimize the serious consequences of a criminal investigation.  Ms. Truax is experienced in negotiating with convening authorities to dismiss charges altogether, or dispose of them at a lower level than court-martial, such as through non-judicial punishment.

Sometimes referred to as “office hours,” “captain’s mast,” or just “Article 15,” non-judicial punishment in the military is a way for military commanders to impose punishment for minor offenses under the UCMJ.  NPJ may be imposed by any commander upon any military member of that command.  Commanders have broad discretion in deciding whether to dispose of a case at NJP or refer the case to a court-martial.

Military members who are not “attached to or embarked in a vessel” may demand trial by court-martial.  As a practical matter, it is probably more accurate to say that the member has the right to refuse NJP, because if the member refuses NJP, it is up to the commander, and not the member, to decide whether to refer the case to court-martial or not. 

A commander must follow certain procedures before imposing NJP.  First, the commander must make a preliminary inquiry into the offense.  Usually, this inquiry is informal, and each service has its own regulations regarding how this inquiry is to be conducted.  If the commander decides to go forward with NJP, he must provide the servicemember with notice, including a statement that he is considering imposing NJP; a statement describing the alleged offenses (including the UCMJ articles); a brief summary of the evidence against the accused; and a statement of the servicemember’s rights.  For members who are not attached to or embarked in a vessel, the notice must also include a statement regarding the right to demand trial by court-martial, and the maximum punishment that the commander may impose at NJP. The commander must also notify the member that if the member demands trial by court-martial, the case may be referred to a summary, special or general court-martial (but the member may not be tried by summary court-martial over the member’s objection); and the member is entitled to counsel at a special or general court-martial. 

Authorized punishments at NJP include arrest in quarters (officers only); admonition or reprimand; restriction; forfeiture of pay; correctional custody (enlisted only); reduction in grade (enlisted only); and confinement on bread and water or diminished rations for three days (enlisted only).  The maximum punishment that can be imposed depends partly on the rank of the commander imposing NJP, and partly on the rank or grade of the accused.  Each service also has the authority to further limit the maximum punishments a commander may impose, so it is important to consult service regulations to determine the maximum punishment in a given case.