EXECUTION OF PUNISHMENTS

All punishments, if not suspended, take effect when imposed. This means that the punishment in most cases will take effect when the CO informs the accused of his or her punishment decision. Thus, if the CO wishes to impose a prospective punishment, one to take effect at a future time, he or she should simply delay the impositions of NJP altogether. There are, however, several specific rules that authorize the deferral or stay of a punishment already imposed.

Deferral of Correctional Custody or Confinement on Bread and Water or Diminished Rations

The JAGMAN, section 0113b(3), permits a CO or an OIC to defer correctional custody, confinement on bread and water, or confinement on diminished rations for up to 15 days when adequate facilities are not available, the exigencies of the service so require, or the accused is not physically fit for the service of the punishments.

Deferral of Restraint Punishments Pending Appeal From NJP

A service member who has appealed NJP may be required to undergo any punishment imposed while the appeal is pending. However, if action is not taken on the appeal within 5 days after the appeal was submitted, and if the service member so requests, any unexecuted punishment involving restraint or extra duties is stayed until action on the appeal is taken.

Interruptions of Restraint Punishment by Subsequent NJP

The execution of any NJP involving restraint will normally be interrupted by a later NJP where restraint is awarded. Thereafter, the unexecuted portion of the prior restraint punishment will be executed. The officer imposing the later punishment, however, may order that the prior punishment be completed before the service of the later punishment.

Interruption of Punishment by Unauthorized Absence

Service of all NJP is interrupted during any period that the service member is unauthorized absence (UA). A punishment of reduction maybe executed even when the accused is UA.

COMBINATION OF PUNISHMENTS

Part V, par. 5d, MCM, 1984, provides that all authorized NJPs maybe imposed in a single case subject to the following limitations:

l Arrest in quarters may not be imposed in combination with restriction.

l Confinement on bread and water or diminished rations may not be imposed in combination with correctional custody, extra duties, or restriction.

l Correctional custody may not be imposed in combination with restriction or extra duties.

l Restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum imposable for extra duties.

Here are a few examples of acceptable combinations of punishments:

1. If an 0-4 CO wishes to impose the maximum amount of all permissible NJP upon an E-3, the maximum that could be imposed would be a:

a. punitive letter of reprimand or admonition (or an oral reprimand or admonition);

b. reduction to E-2;

c. forfeiture of one-half pay per month for 2 months (based upon the reduced rate); and

d. 45 days' restriction and extra duties to be served concurrently.

2. If an O-3 CO (or any OIC, regardless of grade) wishes to impose the maximum amount of all permissible NJP upon an E-3, the maximum that could be imposed would be a:

a. punitive letter of reprimand or admonition (or an oral reprimand or admonition);

b. reduction to E-2;

c. forfeiture of 7 days' pay (based upon the reduced rate); and

d. 14 days' restriction and extra duties to be served concurrently.

CLEMENCY AND CORRECTIVE ACTION ON REVIEW

Clemency action is a reduction in the severity of punishment that is done at the discretion of the officer authorized to take such action for reasons thought sufficient to him or her. Remedial corrective action is a reduction in the severity of punishment or other action takcn by proper authority to correct some defect in the NJP proceeding and to offset the adverse impact of the error on the accused's right.

AUTHORITY TO ACT

Part V, par. 6a, MCM, 1984, and the JAGMAN, section 0118, state that after the imposition of NJP the following officials have authority to take clemency action or remedial corrective action:

l The officer who initially imposed the NJP (this authority is inherent in the office, not the person holding the office)

l The successor in command to the officer who imposed the punishment

l The superior authority to whom an appeal from the punishment would be sent, whether or not such an appeal has been made

l The CO or OIC of a unit, activity, or command that the accused is properly transferred to after the imposition of punishment by the first commander

l The successor in command of the latter

FORMS OF ACTION

The types of action that can be taken either as clemency or corrective action consist of setting aside, remission, mitigation, and suspension.

Setting Aside

This power has the effect of voiding the punishment and restoring the rights, privileges, and property lost to the accused by virtue of the punishment imposed. This action should be reserved for compelling circumstances where the commander feels a clear injustice has occurred. This normally means that the commander believes the punishment of the accused was clearly a mistake.

If the punishment has been executed, executive action to set it aside should be taken within a reasonable time-normally within 4 months of its execution. The CO who wishes to reinstate an individual reduced in rate at NJP is not bound by the provisions of the

Figure 5-9.-Sample letter of notification.

MILPERSMAN, Article 2230200, limiting advancement to a rate formerly held only after a minimum of 12 months' observation of performance. Such action can be taken with respect to the whole or a part of the punishment imposed. All entries on the punishment set aside are removed from the service record of the accused. Refer to the MILPERSMAN, Article 5030500.

According to the MILPERSMAN, Article 5040110, once a punishment is set aside, the CO prepares and personally signs (no By direction signature is allowed) a letter of notification as shown in figure 5-9. This letter is sent to the Chief of Naval Personnel (PERS-82 for officers and PERS-83 for enlisted) to make sure all local records are purged of any notation of the NJP and its residual effects. PERS-82 or 83, as appropriate, identifies the documents to carry out the actions authorized by the CO and directs PERS-313D to remove all References to the matter from the microfiche record. PERS-82 or 83 will notify the CO and the member when the action has been completed.