Remission

This action also relates to the unexecuted portions of the punishment; that is, those parts that have not been completed. This action relieves the accused from having to complete his or her punishment, even though he or she has partially completed it. Rights, privileges, and property lost by virtue of executed portions of punishment are not restored, nor is the punishment voided as in the case when it is set aside. The expiration of the current enlistment or term of service of the service member automatically remits any unexecuted punishment imposed under Article 15. suspension

Mitigation

This action also relates to the unexecuted portions of the punishment. Mitigation of punishment is a reduction in the quantity or quality of the punishment imposed. In no event may the punishment imposed be increased to be more severe.

QUALITY.- Without increasing quantity, the following reductions by mitigation may be taken:

Arrest in quarters to restriction

Confinement on bread and water or diminished rations to correctional custody

Correctional custody or confinement on bread and water or diminished rations to extra duties or restriction or both (to run concurrently)

Extra duties to restriction

QUANITY.- The length of deprivation of liberty or the amount of forfeiture or other money punishment also can be reduced and mitigated without any change in the quality (type) of punishment.

REDUCTION IN GRADE.- Reduction in grade, though executed, may be mitigated to forfeiture of pay. The amount of forfeiture can be no greater than that which could have been imposed by the mitigating commander had he or she initially imposed punishment. This type of mitigation may be done only within 4 months after the date of execution.

As an example, in mitigating NJP, neither the quantity nor the quality of the punishment may be increased. Therefore, it would be impermissible to mitigate 3 days' confinement on bread and water to 4 days' restriction because this would increase the quantity of the punishment. It would also be impermissible to mitigate 60 days' restriction to 1 day of confinement on bread and water because this would increase the quality of the punishment.

Suspension

This is an action to withhold the execution of the imposed punishment for a stated period pending good behavior on the part of the accused. Only later misconduct during the probationary period will cause the to be vacated (revoked) and this misconduct must be an offense under the UCMJ. This action may be taken with respect to unexecuted portions of the punishment or, in the case of a reduction in rank or a forfeiture, such action may be taken even though the punishment has been executed, subject to the following rules: . An executed punishment of reduction or forfeiture may be suspended only within 4 months after the date of its execution. . At the end of the probationary period, the suspended portions of the punishment are remitted automatically unless sooner vacated. . There is no known authority for the imposition of conditions of probation that could not ordinarily be made the subject of a lawful order. . Vacation of the suspended punishment may be effected by any CO or OIC over the person punished who has the authority to impose the kind and amount of punishment to be vacated.

a. Vacation of the suspended punishment may only be based upon an offense under the UCMJ committed during the probationary period.

b. Before a suspension may be vacated, the service member should be told that vacation is being considered and informed of the reasons for the contemplated action and his or her right to respond. A formal hearing is not required unless the punishment suspended is of the kind stated in Article 15(e)(1)-(7), UCMJ, in which case the accused should, unless impractical, be given an opportunity to appear before the officer contemplating vacation to submit any matters in defense, extenuation, or mitigation of the offense on which the vacation action is to be based.

c. Vacation of a suspension is not punishment for the misconduct that triggers the vacation. Accordingly, misconduct may be punished and also serve as the reason for vacating a previously suspended punishment imposed at mast. Vacation proceedings are often handled at NJP. First, the suspended punishment is vacated; then the CO can impose NJP for the new offense. If NJP is imposed for the new offense, the accused must be afforded all of his or her hearing rights.

d. The order vacating a suspension must be issued within 10 working days of the start of the vacation proceedings and the decision to vacate the suspended punishment is not appealable as an NJP appeal.

Figure 5-10.-Accused's acknowledgment of appeal rights.

e. The probationary period cannot exceed 6 months from the date of suspension and ends automatically upon expiration of the current enlistment. The running of the period of suspension is interrupted, however, by the unauthorized absence of the accused or the beginning of any proceeding to vacate the suspended punishment. The running of the period of probation resumes when the unauthorized absence ends or when the suspension proceedings are terminated without vacation of the suspended punishment.