Nonjudicial Punishment under Article 15, UCMJ
Nonjudicial punishment (NJP) provides commanders with a means of maintaining good order and discipline without resorting to criminal prosecution.
NJP should be used when administrative actions (e.g. reprimand, demotion) are inadequate due to the nature of the offense or the member's past record. NJP is generally used to address intentional disregard of or failure to comply with standards of military conduct.
Military personnel assigned, attached or detailed to a command may receive NJP from that commander, including members from other services.
Commanders must include all known offenses related to the misconduct in the Article 15.
Prior to imposing NJP, commanders should conduct a preliminary inquiry. Following the investigation, the commander should decide whether to impose NJP based on:
The nature of the offense
The record of the service member
The need for good order and discipline
The effect of NJP on the service member and the member's record
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learn more about administrative actions
Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
When commanders learn of derogatory information that involves a military member or civilian employee with access to classified information, the commander must report the information to the security manager and decide whether to suspend the member or employee's access.
Officers may be separated for substandard duty performance, misconduct, or other adverse information in their record.
Enlisted administrative separations may be favorable (e.g. retirement or honorable separation at the end of an enlistment) or unfavorable (e.g. separations based on misconduct or unsatisfactory performance), and either voluntary (initiated by servicemember) or involuntary (initiated by commander).
The selective reenlistment program (SRP) is designed to ensure only enlisted members who consistently demonstrate the capability and willingness to maintain high professional standards are offered the privilege of continued military service.
Commanders and supervisors are encouraged to use administrative tools to encourage and correct individual behavior. Such tools include counseling, admonition and reprimand.
The intent is to correct rather than punish behavior.
Commanders are tasked with maintaining good order and discipline within their units.
In the military justice system, commanders have a quasi-judicial role in that they make decisions that are made by prosecutors or judges in the civilian sector.
Nonjudicial punishment (NJP) provides commanders with a means of maintaining good order and discipline without resorting to criminal prosecution.
