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Sample Letter of Notification - 14134_131
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 l l l Arrest in quarters may not be imposed in combi- nation  with  restriction. Confinement on bread and water or diminished rations may not be imposed in combination with correctional custody, extra duties, or restriction. Correctional  custody  may  not  be  imposed  in combination  with  restriction  or  extra  duties. 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 combinat- ions  of  punishments: 1. If an 0-4 CO wishes to impose the maximum amount of all permissible NJP upon an E-3, the maxim- um 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 suf- ficient 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 l l l l The officer who initially imposed the NJP (this authority is inherent in the office, not the person holding  the  office) The successor in command to the officer who imposed  the  punishment The superior authority to whom an appeal from the  punishment  would  be  sent,  whether  or  not such an appeal has been made 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  com- mander 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 5-26

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