CHAPTER 5 NONJUDICIAL PUNISHMENT

As an LN you will become extensively involved with all aspects of nonjudicial punishment, commonly called either NJP or mast. In this chapter we discuss duties and procedures required before, during, and after NJP proceedings.

Although both commanding officers (COs) and officers in charge (OICs) can conduct mast, we will use only the abbreviation CO in this chapter. For a discussion on the differences between masts held by COs and OICs, see Article 15, Uniform Code of Military Justice (UCMJ), and part V of the Manual for Courts-Martial (MCM).

The term nonjudicial punishment and the abbreviation NJP are used interchangeably. They refer to certain limited punishments that can be awarded for minor disciplinary offenses by a CO to members of his or her command. Nonjudicial punishment proceedings are called captain's mast or simply mast.

Article 15 of the UCMJ, part V of the MCM, 1984, and part B of chapter 1 of the Manual of the Judge Advocate General (JAGMAN) are the basic laws about nonjudicial punishment procedures. The legal protection afforded an individual subject to NJP proceedings is more complete than is the case for nonpunitive measures, but, by design, is less extensive than for courtsmartial. NJP is not administrative and is nonadversarial in nature. When punishment is imposed it is not considered a conviction, and when a case is dismissed it is not considered an acquittal.

The word mast also is used to describe three different types of proceedings: request mast, meritorious mast, and disciplinary mast. Request mast is a hearing before the CO, at the request of service personnel, for making requests, reports, statements, and for airing grievances. Meritorious mast is for the purpose of publicly and officially commending a member of the command for noteworthy performance of duty. This chapter discusses disciplinary mast. When we use the term mast, that is what is meant.

Mast is a procedure where the CO may (1) inquire into the facts surrounding minor offenses allegedly committed by a member of his or her command, (2) afford the accused a hearing as to the offense(s), and (3) dispose of such charges by dismissing the charges, imposing punishment, or referring the case to a courtmartial.

NATURE AND REQUISITE OF NONJUDICIAL PUNISHMENT

Nonjudicial punishment is a disciplinary measure more serious than administrative corrective measures, but less serious than trial by court-martial. Nonjudicial punishment provides commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in service members without the stigma of a court-martial conviction.

WHO MAY IMPOSE NJP

Authority to impose nonjudicial punishment under Article 15, UCMJ, maybe exercised by a CO, an OIC, or by certain officers to whom the power has been delegated by the Secretary of the Navy (SECNAV).

In the Navy and Marine Corps, billet designations by the Chief of Naval Personnel and Headquarters Marine Corps identify those persons who are commanding officers. So the term commanding officer has a precise meaning and is not used arbitrarily.

The power to impose NJP is inherent in the office and not in the individual. Thus, the power may be exercised by a person acting as CO, such as when the CO is on leave and the executive officer (XO) succeeds to command.

OICs exist in the naval service. An OIC is a commissioned officer appointed as an OIC of a unit by departmental orders, tables of organization, manpower authorizations, orders of a flag or general officer in command, or orders of the senior officer present.

Ordinarily, the power to impose NJP cannot be delegated. One exception is that a flag or general officer in command may delegate all or a portion of his or her Article 15 powers to a principal assistant. A principal assistant is a senior officer on a flag or general officer's staff who is eligible to suceed to command. This delegation must be made with (he express approval of the Chief of Naval Personnel or the Commandant of the Marine Corps.

Additionally, where members of the naval service are assigned to a multiservice command, the commander of such multiservice command may appoint one or more naval units and for each unit designate a commissioned officer of the naval service as CO for NJP purposes over the unit. A copy of such designation must he furnished to the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, and to the Judge Advocate General (JAG).

No officer may limit or withhold the exercise of any disciplinary authority under Article 15 by subordinate commanders without the specific authorization of SEC-NAV.

If a CO determines that his or her authority under Article 15 is not enough to make a proper disposition of the case, he or she may refer the case to a superior commander for appropriate disposition.

This situation could arise either when the CO's NJP powers are less extensive than those of his or her superior, or when the status of higher authority would add force to the punishment, as in the case of a letter or reprimand or admonition.

PERSONS ON WHOM NJP MAY BE IMPOSED

A CO may impose NJP on all military personnel of his or her command. An OIC may impose NJP only on enlisted members assigned to the unit that he or she is in charge of.

At the time punishment is imposed, the accused must be a member of the command of the CO (or of the unit of the OIC) who imposes the NJP. A person is of the command or unit if he or she is assigned or attached to it. This includes temporary additional duty (TE-MADD) personnel. TEMADD personnel may be punished either by the CO of the unit that they are TEMADD to or by the CO of the duty station that they are permanently attached to. Note, however, that both COs cannot punish an individual under Article 15 for the same offense. In addition, a party to a JAG Manual investigation remains of the command or unit that he or she was attached to at the time of his or her designation as a party for the sole purpose of imposing a letter of admonition or reprimand as NJP.