NON-JUDICIAL PUNISHMENT Military Criminal Lawyers

Non-Judicial Punishment for Military Criminal Lawyers: A Helpful Guide

Facing non-judicial punishment in the military can be scary. As a servicemember, you have rights – but you may not know what they are. That’s why it’s so important to talk to an experienced military lawyer if your commander recommends Article 15/Captain’s Mast/Office Hours.

I want to help explain the non-judicial punishment process and your rights in a simple, easy-to-understand way. I know there’s a lot of military jargon thrown around, so I’ll try to avoid that as much as possible. My goal here is to empower you with knowledge so you can make the best decisions for your situation.

What is Non-Judicial Punishment?

Non-judicial punishment (NJP) is a disciplinary action that allows commanders to punish servicemembers for minor UCMJ offenses without a court-martial. Basically, it’s an administrative hearing where your commander acts as judge and jury.

Each branch calls it something different:

• Army & Air Force: Article 15
• Navy & Coast Guard: Captain’s Mast
• Marines: Office Hours

But it’s essentially the same process in all branches. Your commander hears about some misconduct you allegedly did, then offers you NJP as an alternative to court-martial.

NJP vs. Court-Martial

Think of NJP as the military equivalent of a misdemeanor case, while court-martials are like felony cases. NJP is usually for minor offenses, while serious crimes like rape, murder, robbery go to court-martial.

Because NJP is less formal than court-martial, the potential punishments are less severe. We’ll talk more about the specific NJP punishments later.

But first, let’s look at some key differences between NJP and court-martial:

• NJP is quicker, less formal, and less adversarial.
• Court-martial requires formal charges and is like a full-blown trial.
• NJP punishments are limited; court-martial convictions can result in jail time.
• NJP is not a criminal conviction; court-martial convictions are federal criminal convictions.

Common NJP Offenses

The most common offenses that wind up at NJP include:

• Underage drinking
• Disobeying orders
• Disrespecting superiors
• Small theft (under $500)
• Adultery
• Fraternization
• Dereliction of duty
• AWOL for short period

This list just scratches the surface, but you get the idea – relatively minor misconduct. Again, serious criminal offenses like rape, aggravated assault, etc go straight to court-martial.

NJP Process & Procedure

If your commander recommends NJP, here’s a quick overview of how the process usually works:

1. Your commander gives you a written statement of the alleged misconduct.
2. You are advised of your rights, including the right to confer with military defense counsel.
3. You can accept the NJP or reject it and demand court-martial.
4. If you accept NJP, your commander reviews evidence and determines guilt/innocence.
5. If guilty, your commander determines a fitting punishment under NJP guidelines.
6. You have the right to appeal the NJP decision and/or punishment.

There are some key things to understand about the NJP process:

• There is no set standard of proof. Many commanders use “preponderance of the evidence,” a lower standard than the “beyond a reasonable doubt” rule used in courts-martial.
• You don’t have the same rights as you would in a court-martial. There is no panel of jurors – only your commander decides.
• Statements you make at NJP can potentially be used against you later if you appeal the NJP and go to court-martial.

NJP Punishments

The punishments at NJP are much less severe than court-martial convictions. Commanders can impose:

• Reduction in rank
• Forfeiture of pay
• Restriction to base
• Extra duty
• Admonition/reprimand

There are limits based on your rank and the commander’s rank. For example, an O-5 could reduce an E-4 one grade, while an O-6 could reduce that same E-4 two grades. And the forfeitures and restriction periods are also capped.

Should You Accept NJP?

Whether to accept NJP is a key decision. If you turn down NJP, your case may go to court-martial – or your commander could decide to drop it. It’s a risk/reward analysis you should make carefully.

Here are some factors to consider when deciding on NJP:

• Strength of evidence against you – Is it just hearsay or do they have solid proof?
• Your prior service record – First offense or pattern of misconduct?
• Likelihood of getting convicted at court-martial.
• Potential penalties – NJP caps punishments, but court-martial convictions can include jail time.
• Collateral consequences – Will an NJP conviction affect your security clearance, future career prospects, etc?

As you can see, it’s a very personal decision with a lot of variables to weigh. That’s why it’s so important to talk to a military lawyer before deciding whether to accept NJP.

Punishment Appeals & Set Aside

If you accept NJP and your commander imposes punishment, you can appeal to a higher authority. You must act quickly though – you only have 5 days to submit an appeal.

Grounds for appeal include:

• Punishment was unjust or disproportionate to the offense.
• New evidence has come to light.
• Procedural errors in the NJP hearing.

Also, within 4 months of the NJP hearing, you can request that the punishment be “set aside” or suspended. This is like asking the commander for clemency or a second chance.

To get a punishment set aside, you’ll need to show that you have been a model servicemember and explain why you deserve mercy. Letters of support from supervisors help too.

Long-Term Consequences

While an NJP is not technically a criminal conviction, it can still impact your military career. Here are some potential consequences:

• Security clearance troubles or revocation
• Barred from reenlisting
• Passed over for promotion
• Prevented from transferring duty stations or jobs
• Disqualification from special programs (flight school, etc)
• Administrative discharge from service

Also, civilian employers and licensing boards often ask about NJP history and may view it negatively. But there are ways to mitigate the damage, which is why experienced counsel is so important.

Conclusion

I hope this guide has helped explain the non-judicial punishment process and empowered you to make the best decisions for your situation. The key takeaways are:

• Talk to a military lawyer as soon as your commander recommends NJP.
• Know your rights and understand the pros/cons before deciding whether to accept NJP.
• Act quickly if you need to appeal or set aside an NJP punishment.
• Be proactive to mitigate any long-term career impact based on the NJP.

Every situation is unique, so get experienced counsel on your side. But please don’t go through an Article 15, Captain’s Mast or Office Hours hearing without advice from a military law expert. Your military lawyer will handle all the legalese – your job is to focus on your future!