This document provides an overview of military justice, including non-judicial punishment (NJP) under the Uniform Code of Military Justice (UCMJ). It describes the purposes and authorities for NJP, the types of offenses that can be handled via NJP, and the procedures and rights involved for soldiers receiving NJP, including rights to appeal. It also briefly discusses courts-martial, commanders' roles in inspections and searches, Article 31 rights, and remedies for violations of soldiers' rights.

1. MILITARY JUSTICEMILITARY JUSTICE
-- AN OVERVIEW ---- AN OVERVIEW --
43d MP BDE, JAG

2. THE PURPOSE OF MJTHE PURPOSE OF MJ
To set the Standard
Provide a process for enforcement
Reinforce values that provide for an
effective fighting force

3. THE COMMANDERS TOOLTHE COMMANDERS TOOL
Must be used with reason rather than
emotion
Each case must be considered on its
own merits
Process must be conducted in
accordance with law and regulation
The commander is a magistrate

4. CONSIDER ADMINISTRATIVECONSIDER ADMINISTRATIVE
OPTIONS FIRSTOPTIONS FIRST
Corrective training
Counseling
Admonition / Reprimand
Withdraw of Privileges
OER/EER
Bar to Reenlistment
Administrative separation/elimination

5. ART 15 Commanders NotebookART 15 Commanders Notebook
Art 15 UCMJ
Manual for Courts Martial
DA Forms 2627 and 2627-1
AR 27-10
Commanders Legal Guide

6. Purpose of Non-JudicialPurpose of Non-Judicial
PunishmentPunishment
Correct Educate and Reform Offenders
who have shown that they cannot
benefit by less stringent measures
Preserve an offender's record of service
Further military efficiency by disposing
of minor offenses in a manner requiring
less time and personnel then trial by
court-martial.

7. Authority to Administer NJPAuthority to Administer NJP
A commander who is a Commissioned or Warrant
Officer of a
– Troop, Battery, Company
– Numbered Unit or Detachment
Authority is personal to the Commander
Authority may be withheld but not interfered with,
AR 27-10 withholds Officer Art 15 to the GCMCA or
General Officer Level for RC soldiers

8. WHO MAY BE GIVEN ANWHO MAY BE GIVEN AN
ART 15?ART 15?
Members of the command
Persons Detailed
Orders?
Where do they sleep, get paid, eat,
work; duration
Transfer terminates status; forward to
gaining command
RC officers, GCMCA or Gen. Officer

9. WHAT TYPES OFWHAT TYPES OF
OFFENCES?OFFENCES?
Minor
Maximum punishment under UCMJ
does not include a BCD
Violation of a General Order, 2yrs DD
Common sense consider age,
intelligence, experience, prior service
Regulation is a guide
Real minor offense bars Court Martial

10. ART 15 PROCEDURESART 15 PROCEDURES
Summarized and Formal
Company Grade, Field Grade, General
Officer
Commanders have options
– Guilt or innocence
– Punishments
– Filing

11. SUMMERIZED ART 15SUMMERIZED ART 15
Punishment
Same regardless of Commander’s Rank
14 days restriction
14 days extra duty
Oral admonition or Reprimand
Punishment
Same regardless of Commander’s Rank
14 days restriction
14 days extra duty
Oral admonition or Reprimand

12. SUMMERIZED ART 15,SUMMERIZED ART 15,
NOTICE, (E-7 or Above)NOTICE, (E-7 or Above)
Intent to impose punishment
Maximum Punishment
Offense and ART violated
Art 31 Rights
Right to Demand Trial
Right to confront witnesses, examine
evidence, submit matters in defense,
extenuation, and mitigation (spokesperson)
Right to Appeal

13. AFTER NOTICEAFTER NOTICE
OPPORTUNITY TO DECIDEOPPORTUNITY TO DECIDE
Soldier gets a reasonable time (24
hours)
No right to an attorney
Soldier returns and notifies commander
of his decision
– If declines hearing ends
– If accepts commander conducts hearing

14. COMMANDER’S HEARINGCOMMANDER’S HEARING
Commander considers evidence oral
and written against the soldier
Commander considers evidence
submitted by the soldier; defense,
extenuation or mitigation
Commander deliberates (standard is
Beyond A Reasonable Doubt)
Commander imposes punishment

15. IMPOSITION OF PUNISHMENTIMPOSITION OF PUNISHMENT
Immediate
Unless otherwise stated
Appeal not acted upon within 3 days
stays imposition of liberty provisions

16. NOTICE OF APPELLATENOTICE OF APPELLATE
RIGHTSRIGHTS
Commander explains rights of appeal
and soldier indicates his selection on
the DA Form 2627-1, immediately or
has 5 days to decide
If appealed Command has 3 days to act
or must suspend deprivations of liberty

17. FILING OF SUMMERIZEDFILING OF SUMMERIZED
ART 15ART 15
Handwritten on a DA Form 2627-1
Maintained in local Art 15 file
Destroyed upon transfer or after 2 years
which ever occurs first

18. FORMAL ART 15FORMAL ART 15
Differs because of the punishment that
can be imposed
Level of punishment based upon grade
of commander
Additional rights afforded the soldier

19. PUNISHMENT COMPANYPUNISHMENT COMPANY
GRADEGRADE
Admonition or Reprimand; oral or
written
Extra Duty 14 days
Restriction 14 days or Correctional
Custody for 7 days (but must be E-3 or
below and there must be a facility)
Reduction of E-2 to E-4 one grade
Forfiture of 7 days pay

20. PUNISHMENT FIELDPUNISHMENT FIELD
GRADE/GENERAL OFFICERGRADE/GENERAL OFFICER
Admonition or Reprimand; oral or written
Extra Duty 45 days
Restriction 60 days or Correctional Custody
for 30 days (but must be E-3 or below and
there must be a facility)
Reduction of E-2 to E-4 one or more grades,
reduction of E-5 one grade
Forfeiture of 1/2 of one months pay for 2
months

21. OFFICER PUNISHMENTOFFICER PUNISHMENT
Only General Officers or GCMCA
Admonition or Reprimand; oral or
written
Arrest 30 days or Restriction 60 days
Forfeiture of pay 1/2 of one months
pay for two months

22. SPECIAL FORFITURE RULESSPECIAL FORFITURE RULES
FOR RESERVE SOLDIERSFOR RESERVE SOLDIERS
If RC soldier is not serving punishment on
AD then apply a forfeiture to percentage to
pay earned during forfeiture period
The percentage is applied to pay earned
during period of forfeiture
Example 200/912.60=21.92% x Pay Earned
If soldier earns no pay during the period then
no pay is fortified

23. SUSPENSION OF PUNISHMENTSUSPENSION OF PUNISHMENT
Commander may suspend punishment
for up to 6 months
Any violation of UCMJ can result in
imposition of the punishment plus the
initiation of another ART 15
Can be a good option of some soldiers

24. FORMAL ART 15FORMAL ART 15
ADDITIONAL RIGHTSADDITIONAL RIGHTS
Right to consult with counsel
Right to request an open hearing
Maximum punishment that could be
imposed, plus if asked the maximum
punishment for a Courts Martial
Reasonable period of time is increased
to 48 hours, but...

25. COMMANDER’S HEARINGCOMMANDER’S HEARING
IS THE SAME
Presentation of evidence
Evidence in defense, extenuation and
mitigation

26. RECORDING THE FORMALRECORDING THE FORMAL
ART 15ART 15
DA Form 2627
If E-4 or below and first one filed locally
For all others it goes in the OMPF
– Restricted
– Performance
If E-5 or above and previous ART 15 on file
automatically goes to performance fiche

27. APPEALS OF NJPAPPEALS OF NJP
Grounds
– Punishment was disproportionate to the
offense
– Punishment was unjust because it did not
comply with the law or regulation
– Argue lack of guilt. Note: Acceptance of
ART 15 is not evidence of guilt but merely
consent to procedures.

28. APPEALS OF NJPAPPEALS OF NJP
Procedure
– Appeal is started with notation on the DA
Form 2627
– Within 5 days of imposition of punishment
or "for good cause shown"
– Appeal to the imposing commander and
forwarded to the appellate authority (next
line supervisor)
– If soldier transferred it goes to the new
superior
– Must be first sent for legal review if...

29. APPEALS OF NJPAPPEALS OF NJP
Appellate Authority Options
– Suspend all or a portion of the punishment
– Mitigate the punishment - i.e. change reduction to
forfeiture, reduce the period of suspension of
liberty
– Remission of punishment - cancels the unexecuted
portion of the punishment
– Set Aside punishment if there is a clear injustice,
i.e. new evidence unquestionably exculpating the
soldier

30. MAJOR MISCONDUCT -MAJOR MISCONDUCT -
COURTS MARTIALCOURTS MARTIAL
Federal Conviction
Various Levels
The Players
The Rules
Special Problems for Reserves

31. SEARCH, SEIZURE, ANDSEARCH, SEIZURE, AND
INVESTIGATIONINVESTIGATION

32. THE COMMANDERS ROLETHE COMMANDERS ROLE
Inspections
– Cannot target an individual or group
– Consistent
– Related to health, welfare or unit readiness
Search
– Probable cause
– Searches not requiring probable cause
– Is the place or thing subject to protections
– Who can authorize a search

33. ART 31 RIGHTSART 31 RIGHTS
Its not Maranda
Mere Suspect
Superior subordinate relationship
Investigative relationship

34. VIOLATIONS OF 4TH ANDVIOLATIONS OF 4TH AND
5TH AMENDMENT RIGHTS5TH AMENDMENT RIGHTS
Art 138 complaint
IG complaint
Use of evidence

35. QUESTIONSQUESTIONS???