| |
(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 promo-
tion 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 con-
secutive days.
(7) Restriction for not more than 14 con-
secutive 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 cen-
sure 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 im-
posed as NJP, the admonition or reprimand is consid-
ered 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 let-
ters are detailed in the JAGMAN, section 0114. A
sample punitive letter of reprimand is shown in the
JAGMAN, appendix A-1-g.
Arrest in Quarters
This punishment is imposable only on officers. It is
a moral restraint, as opposed to a physical restraint. It is
similar to restriction, but has much narrower limits. The
limits of arrest are set by the officer imposing the
punishment and may extend beyond quarters. The term
quarters includes military and private residences. The
officer may be required to perform his or her regular
duties as long as they do not involve the exercise of
authority over subordinates.
Restriction
Restriction is the least severe form of deprivation
of liberty. Restriction involves moral rather than physi-
cal restraint. The severity of this type of restraint de-
pends on its duration and the geographical limits
specified when the punishment is imposed. A person
undergoing restriction may be required to report to a
designated place at specified times if reasonably neces-
sary to make sure the punishment is being properly
executed.
Restriction ashore means that an accused will be
restricted to the limits of the command except, of
course, at larger shore stations where the use of recrea-
tional facilities might be further restricted. Restriction
and arrest in quarters are normally imposed by a written
order detailing the limits thereof and usually requires
the accused to log in at certain specified times during
the restraint. Article 1103 of U.S. Navy Regulations,
1990, provides that an officer placed in the status of
arrest or restriction will not be confined to his or her
room unless the safety or the discipline of the ship
requires such action.
Forfeiture
Forfeiture means a permanent loss of entitlement to
the pay forfeited. A forfeiture applies to basic pay and
to sea or foreign duty pay, but not to incentive pay or
allowances for subsistence or quarters. The amount of
forfeiture of pay is expressed in whole dollar amounts,
not in fractions, and shows the number of months af-
fected. An example of a properly stated forfeiture is to
forfeit $50 pay per month for 2 months.
If the punishment includes both reduction, whether
or not suspended, and forfeiture of pay, the forfeiture
must be based on the grade the accused is reduced to.
Forfeitures are effective on the date imposed unless
suspended or deferred. Where a previous forfeiture is
being executed, that forfeiture will be completed before
any newly imposed forfeiture will be executed.
Extra Duty
Extra duties involve the performance of duties in
addition to those normally assigned to the person un-
dergoing the punishment. Various types of duties may
be assigned, including fatigue duties. The MCM pro-
hibits extra duties that are a known safety or health
hazard, those that are cruel and unusual, or those that
are not sanctioned by the customs of the service in-
volved.
5-24
|
