property lost by virtue of executed portions of punish-
ment 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 punish-
ment imposed under Article 15.
This action also relates to the unexecuted portions
of the punishment. Mitigation of punishment is a reduc-
tion in the quantity or quality of the punishment im-
posed. In no event may the punishment imposed be
increased to be more severe.
QUALITY. Without increasing quantity, the fol-
lowing 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 lib-
erty or the amount of forfeiture or other money punish-
ment 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 com-
mander 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 quan-
tity 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 punish-
ment. 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
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 miscon-
duct during the probationary period will cause the sus-
pension 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
. An executed punishment of reduction or forfei-
ture may be suspended only within 4 months after the
date of its execution.
. At the end of the probationary period, the sus-
pended portions of the punishment are remitted auto-
matically 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