APPEAL FROM NJP

A member who is awarded NJP and who believes the punishment unjust or disproportionate to the offense has the right to appeal the award to higher authority.

PROCEDURE

If punishment is imposed at NJP, the CO is required to make sure the accused is fully advised of his or her right to appeal. Refer to part V, par. 4c(4)(B)(iii), MCM, 1984, and the JAGMAN, section 0110c. Figure 5-10 is an accused's acknowledgment of appeal rights that should be signed by the accused and witnessed to prove that the accused was informed of his or her appeal rights. File this form along with all the other papers in the accused's case file in the UPB.

A person punished under Article 15 may appeal the imposition of such punishment through proper channels to the appropriate appeal authority. If, however, the offender is transferred to a new command before filing his or her appeal, the immediate CO of the offender at the time the appeal is filed should send the appeal directly to the officer who imposed the punishment.

When the officer who imposed the punishment is in the Navy chain of command, the appeal will normally be sent to the area coordinator authorized to convene general courts-martial. A GCM authority superior to the officer imposing punishment may, however, set up an alternate route for appeals.

When the area coordinator is not superior in rank or command to the officer imposing punishment, or when the area coordinator is the officer imposing punishment, the appeal will be sent to the GCM authority next superior in the chain of command to the officer who imposed the punishment. An immediate or delegated area coordinator who has authority to convene GCMs may take action instead of an area coordinator if he or she is superior in rank or command to the officer who imposed the punishment. For mobile units, the area coordinator for the previous purposes is the area coordinator most accessible to the unit at the time of sending the appeal.

When the officer who imposed the punishment is in the chain of command of the Commandant of the Marine Corps, the appeal will be made to the officer next superior in the chain of command to the officer who imposed the punishment. When the officer who imposed the punishment has been designated a CO for naval personnel of a multiservice command, the appeal will be made according to the JAGMAN.

A flag or general officer in command may, with the express prior approval of the Chief of Naval Personnel or the Commandant of the Marine Corps, delegate authority to act on appeals to a principal assistant. An officer who has delegated his or her NJP power to a principal assistant may not act on an appeal from punishment imposed by that assistant.

TIME

Appeals must be submitted in writing within 5 days of the imposition of NJP or the right to appeal is waived in the absence of good cause shown. The appeal period runs from the date the accused is informed or his or her appeal rights. Normally, this is the day NJP is imposed. With an appeal submitted more than 5 days after the imposition of NJP (less any mailing delays), the officer acting on the appeal determines whether good cause was shown for the delay in the appeal.

Extension of Time

If it appears to the accused that good cause may exist that would make it impossible or extremely difficult to prepare and submit the appeal within the 5-day period, the accused should immediately advise the officer who imposed the punishment of the problems and request an extension of time. The officer imposing NJP determines whether good cause was shown and advises the accused whether an extension of time is permitted.

Request for Stay of Restraint Punishments or Extra Duty

A service member who has appealed may be required to undergo any restraint punishment or extra duties imposed while the appeal is pending. If action is not taken on the appeal by the appeal authority within 5 days after the written appeal has been submitted and if the accused has so requested, any unexecuted punishment involving restraint or extra duties will be stayed until action on the appeal is taken. The accused should include in his or her written appeal a request for stay of restraint punishment or extra duties; however, a written request for a stay is not specifically required.

CONTENTS OF APPEAL PACKAGE

The appeal package will consist of the appellant's basic letter of appeal, the endorsement by the CO who imposed the NJP, and the supervisory authority's response to the appeal.