Public Hearing

The accused is entitled to have the hearing open to the public unless the CO determines that the proceeding should be closed for good cause. The CO is not required to make any special arrangements to facilitate public access to the proceedings.

Publication of NJP Results

Authority to publish the results of NJP is granted by the JAGMAN, section 0115. You may publish the name, rate, offense(s), and disposition of the offender in the plan of the day (POD). Publish the results not later than 1 month after the imposition of NJP. If the NJP is appealed, publish the results not later than 1 month after the date the appeal is denied. If the POD is distributed to military personnel only, you may include all the details stated previously. If the POD is distributed to other than military personnel, NJP results maybe published without the name of the accused.

Figure 5-8.-Limits of punishments under UCMJ, Article 15.

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 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 can postpone any action on the NJP 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 NJP and award any of the authorized punishments outlined in part V, par. 5, MCM.