POSSIBLE ACTIONS BY THE CO AT MAST

Dismissal with or without warning. This action is taken if the CO is not convinced by the evidence that the accused is guilty of an offense, or decides that no punishment is appropriate in light of the accused's record and other circumstances. Dismissal, whether with or without a warning, is not considered NJP, nor is it considered an acquittal.

Referral to an SCM, SPCM, or a pretrial investigation under Article 32, UCMJ. The CO may in his or her sole discretion, refer the charge(s) to either an SCM, an SPCM or an Article 32 investigation. This will of course, depend upon the severity of the charges.

Postponement of action. The CO may postpone any action on the nonjudicial punishment pending further investigation or for other good cause, such as a pending trial by civil authorities for the same offense.

Imposition of NJP. The CO may impose nonjudicial punishment and award any of the authorized punishments outlined in part V, par. 5, MCM.

AUTHORIZED PUNISHMENTS

LEARNING OBJECTIVES: Describe the limitations, the nature, and the execution of NJP punishments. Differentiate between authorized and unauthorized combinations of NJP punishments.

If the CO is convinced by the evidence that the accused is guilty of the offense(s) and he or she deems punishment is proper, the CO has wide latitude to impose punishment. There are, however, limitations that are placed on the CO based upon his or her rank and the status of the accused.

LIMITATIONS

The maximum punishment that can be awarded in any Article 15, UCMJ, case is limited by several factors that include the following: . The grade of the imposing officer. COs in grades

O-4 to O-6 have greater punishment powers than officers in grades O-1 to O-3. Flag officers, general officers, and officers exercising general court-martial jurisdiction have greater punishment authority than COs in grades O-4 to O-6. . The status of the imposing officer. Regardless of

the rank of an OIC, his or her punishment power is limited to that of COs in grades O-1 to O-3. The punishment powers of a CO are commensurate with his or her permanent grade. . The status of the accused. Punishment authority

is also limited by the status of the accused. Is the accused an officer or an enlisted person attached to or embarked in a vessel?

Maximum punishment limitations apply to each NJP action and not to each offense. Note that there is a policy that all known offenses that the accused is suspected of should ordinarily be considered at a single Article 15 hearing. Table 6-1 summarizes the maximum punishment limitations for nonjudicial punishment.

NATURE OF THE PUNISHMENT

There are eight specific types of punishment that may, under proper circumstances, be imposed as nonjudicial punishment. Remember, there are limitations based upon the COs rank and the status of the offender. Refer to table 6-1 as you read the following discussion of individual punishments.

Admonition and Reprimand

Admonition and reprimand are two forms of censure intended to express adverse reflection upon or criticism of a person's conduct. A reprimand is a more severe form of censure than an admonition. When imposed as nonjudicial punishment, the admonition or reprimand is considered to be punitive, unlike the nonpunitive admonition and reprimand. Punitive censure for officers must be in writing, although it may be either oral or written for enlisted personnel. Procedures for issuing punitive letters are detailed in section 0114 of the JAG Manual. A sample punitive letter of reprimand is shown in appendixes A-1-g of the JAG Manual.

Arrest in Quarters

This punishment is for officers only. It is a moral restraint, as opposed to a physical restraint. It is similar to restriction, but has much narrower limits. The limits of arrest are set by the officer imposing the punishment and may extend beyond quarters. The term quarters includes military and private residences. The officer may be required to perform regular duties as long as the duties do not involve the exercise of authority over subordinates.

Restriction

Restriction is the least severe form ^{of liberty} deprivation. Restriction involves moral rather than physical restraint. The seventy of this type of restraint depends on its duration and the geographical limits specified when the punishment is imposed. A person undergoing restriction may be required to report to a designated place at specified times if reasonably

necessary to make sure the punishment is being properly executed.

Restriction ashore means that an accused will be restricted to the limits of the command except, of course, at larger shore stations where the use of recreational facilities might be further governed. Restriction and arrest in quarters are normally imposed by a written order detailing the limits thereof and usually require the accused to log in at certain specified times during the restraint. Article 1103 of U.S. Navy Regulations, 1990, provides that an officer placed in the status of arrest or restriction will not be confined to quarters unless the safety or the discipline of the ship requires such action.

Forfeiture

Forfeiture means a permanent lost of pay. A forfeiture applies to basic pay and to sea or foreign duty pay, but not to incentive pay or allowances for subsistence or quarters. The amount of forfeiture of pay is expressed in whole dollar amounts, not in fractions, and shows the number of months affected. An example of a properly stated forfeiture is "to forfeit $50 pay per month for 2 months."

If the punishment includes both reduction, whether or not suspended, and forfeiture of pay, the forfeiture must be based on the grade to which the accused is reduced. Forfeitures are effective on the date imposed unless suspended or deferred. Where a previous forfeiture is being executed, that forfeiture will be completed before any newly imposed forfeiture is executed.

Extra Duty

Extra duties involve duties in addition to those normally assigned. Various types of duties may be awarded, including fatigue duties. The MCM prohibits extra duties that are a known safety or health hazard, those that are cruel and unusual, or those that are not sanctioned by naval custom.

Table 6-1.-Limits of Punishments Under UCMJ, Article 15

When extra duties are imposed upon a petty officer, the duties cannot be demeaning to his or her rate or position. The immediate CO of the accused normally designates the amount and character of extra duty. Such duties normally should not extend beyond 2 hours per day. Guard duty may not be assigned as extra duty. Extra duty is not performed on Sunday although Sundays count as if such duty was performed.

Reduction in Grade

Reduction in paygrade is limited to one grade only for members in paygrades E-1 through E-6. E-7 through E-9 personnel cannot be reduced in grade at NJP. The grade from which reduced must be within the promotional authority of the CO imposing the reduction. See also NAVMILPERSMAN, Article 3420140.2, for additional information on reduction.

Correctional Custody

Correctional custody is a form of physical restraint of a person during either duty or nonduty hours, or both, and may include hard labor, extra duties, or fatigue duties. Awardees may perform military duty but not watches and cannot bear arms or exercise authority over subordinates. Specific regulations for administering correctional custody can be found in OPNAVINST 1640.7, Instructions for Administering Correctional Custody.

Time spent in correctional custody is not lost time. Correctional custody cannot be imposed on paygrades E-4 and above. To assist commanders in imposing correctional custody, correctional custody units (CCUs) have been established at major shore installations. Check the local operating procedures for the nearest CCU before correctional custody is imposed.

Confinement on Bread and Water or Diminished Rations

These punishments can only be awarded to E-3s and below if they are attached to or embarked in a vessel. These punishments involve physical confinement and are equivalent to solitary confinement because contact is allowed only with authorized personnel.

A medical officer must first certify in writing that the accused will suffer no serious injury and that the place of confinement will not harm the accused.

Diminished rations is a restricted diet of 2,100 calories per day, and instructions for its use are detailed in SECNAVINST 1640.9.