AUTHORIZED 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 imposable punishment 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 OEGCMJs 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 a CO 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. Figure 5-8 summarizes the maximum punishment limitations for NJP.

MAXIMUM LIMITS-SPECIFIC

There are specific maximum limits on punishment that may be imposed on an individual. Depending upon whether the accused is an officer, a warrant officer, or an enlisted person will depend on the type of punishment that may be imposed. Also the rank of the official imposing the punishment is a limiting factor on the amount and type of punishment that may be awarded. A flow chart demonstrating this follows:

1. Upon commissioned officers and warrant officers a. Imposed by an OEGCMJ, an officer of general or flag rank in command, or designated principal assistant:

(1) Punitive admonition or reprimand.

(2) Arrest in quarters for not more than 30 consecutive days.

(3) Restriction to specified limits, with or without suspension from duty, for not more than 60 consecutive days.

(4) Forfeiture of not more than 1/2 of 1 month's pay per month for 2 months.

b. Imposed by any CO:

(1) Admonition or reprimand.

(2) Restriction to specified limits, with or without suspension from duty for more than 30 consecutive days.

c. Imposed by an OIC: OICs do not have the authority to impose NJP upon officers.

2. Upon enlisted accused

a. If imposed by COs of the grade of lieutenant commander or above or a principal assistant:

(1) Admonition or reprimand.

(2) If imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than 3 consecutive days. Accused must be in the paygrade of E-3 or below.

(3) Correctional custody for not more than 30 consecutive days and only on grades E-3 and below.

(4) Forfeiture of not more than 1/2 of 1 month's pay per month for 2 months.

(5) Reduction of one paygrade for members in paygrades E-6 and below. Reduction is not imposable on E-7 and above (Navy) or on E-6 and above (Marine corps).

(6) Extra duties for not more than 45 consecutive days.

(7) Restriction to specified limits for not more than 60 consecutive days.

b. Imposed by COs in grades O-3 and below, or any commissioned OIC:

(1) Admonition or reprimand.

(2) Confinement on bread and water or diminished rations for not more than 3 consecutive days and only on grade E-3 and below attached to or embarked in a vessel.

(3) Correctional custody for not more than 7 consecutive days and only on grades E-3 and below.

(4) Forfeiture of not more than 7 days' pay.

(5) Reduction to the next inferior paygrade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction. Reduction is not imposable on E-7 and above (Navy) and E-6 and above (Marine Corps).

(6) Extra duties for not more than 14 consecutive days.

(7) Restriction for not more than 14 consecutive days.

NATURE OF THE PUNISHNIENT

There are eight specific types of punishment that may, under proper circumstances, be imposed as NJP. Remember that there are limitations that are based upon the CO's rank and the status of the offender. Refer to figure 5-8 as you read the discussion of individual punishments that follows.

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 NJP, 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 the JAGMAN, section 0114. A sample punitive letter of reprimand is shown in the JAGMAN, appendix A-1-g.