personnel only, you may include all the details
stated previously. If the POD is distributed to
other than military personnel, NJP results may
be published without the name of the accused.
BY THE CO AT MAST
Dismissal with or without warningThis
action is taken if the CO is not convinced by
the evidence that the accused is guilty of an
offense or decides that no punishment is
appropriate in light of the accuseds record
and other circumstances. Dismissal, whether
with or without a warning, is not considered
NJP, nor is it considered an acquittal.
Referral to an SCM, SPCM, or a pretrial
investigation under Article 32. UCMJThe CO
may, at his or her sole discretion, refer the
charge(s) to an SCM, an SPCM or an Article
32 investigation. This will, of course, depend
upon the severity of the charges.
Postponement of actionThe CO may
postpone any action on the NJP pending
further investigation or for other good cause,
such as a pending trial by civil authorities for
the same offense.
Imposition of NJPThe CO may impose
NJP and award any of the authorized
punishments outlined in part V, par. 5, MCM.
If the CO is convinced by the evidence
that the accused is guilty of the offense(s) and
he or she deems punishment is proper, the CO
has wide latitude to impose punishment.
There are, however, limitations that are placed
on the CO based upon his or her rank and the
status of the accused.
The maximum imposable punishment in
any Article 15, UCMJ, case is limited by
several factors that include the following:
l The grade of the imposing officerCOs
in grades O-4 to O-6 have greater punishment
powers than officers in grades O-1 to O-3.
Flag officers, general officers, and OEGCMJs
have greater punishment authority than COs in
grades O-4 to O-6.
officer-Regardless of the rank of an OIC, his
or her punishment power is limited to that of
a CO in grades O-1 to O-3. The punishment
powers of a CO are commensurate with his or
her permanent grade.
l The status of the accusedPunishment
authority is also limited by the status of the
Is the accused an officer or an
enlisted person attached to or embarked in a
Maximum punishment limitations apply to
each NJP action and not to each offense.
Note that there is a policy that all known
offenses that the accused is suspected of
should ordinarily be considered at a single
Article 15 hearing.
There are specific maximum limits on
punishment that may be imposed on an
Depending upon whether the
accused is an officer, a warrant officer, or an
enlisted person will depend on the type of
punishment that may be imposed. Also the
rank of the official imposing the punishment
is a limiting factor on the amount and type of
punishment that may be awarded. A flow
chart demonstrating this follows:
commissioned officers and