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CHAPTER 5
NONJUDICIAL PUNISHMENT
As an LN you will become extensively involved
with all aspects of nonjudicial punishment, commonly
called either NJP or mast. In this chapter we discuss
duties and procedures required before, during, and after
NJP proceedings.
Although both commanding officers (COs) and
officers in charge (OICs) can conduct mast, we will use
only the abbreviation CO in this chapter. For a discus-
sion on the differences between masts held by COs and
OICs, see Article 15, Uniform Code of Military Justice
(UCMJ), and part V of the Manual for Courts-Martial
(MCM).
The term nonjudicial punishment and the abbrevia-
tion NJP are used interchangeably. They refer to certain
limited punishments that can be awarded for minor
disciplinary offenses by a CO to members of his or her
command. Nonjudicial punishment proceedings are
called captain’s mast or simply mast.
Article 15 of the UCMJ, part V of the MCM, 1984,
and part B of chapter 1 of the Manual of the Judge
Advocate General (JAGMAN) are the basic laws about
nonjudicial punishment procedures. The legal protec-
tion afforded an individual subject to NJP proceedings
is more complete than is the case for nonpunitive meas-
ures, but, by design, is less extensive than for courts-
martial. NJP is not administrative and is nonadversarial
in nature. When punishment is imposed it is not consid-
ered a conviction, and when a case is dismissed it is not
considered an acquittal.
The word mast also is used to describe three differ-
ent types of proceedings: request mast, meritorious
mast, and disciplinary mast. Request mast is a hearing
before the CO, at the request of service personnel, for
making requests, reports, statements, and for airing
grievances. Meritorious mast is for the purpose of pub-
licly and officially commending a member of the com-
mand for noteworthy performance of duty. This chapter
discusses disciplinary mast. When we use the term
mast, that is what is meant.
Mast is a procedure where the CO may (1) inquire
into the facts surrounding minor offenses allegedly
committed by a member of his or her command,
(2) afford the accused a hearing as to the offense(s), and
(3) dispose of such charges by dismissing the charges,
imposing punishment, or referring the case to a court-
martial.
NATURE AND REQUISITE OF
NONJUDICIAL PUNISHMENT
Nonjudicial punishment is a disciplinary measure
more serious than administrative corrective measures,
but less serious than trial by court-martial. Nonjudicial
punishment provides commanders with an essential and
prompt means of maintaining good order and discipline
and also promotes positive behavior changes in service
members without the stigma of a court-martial convic-
t i o n.
WHO MAY IMPOSE NJP
Authority to impose nonjudicial punishment under
Article 15, UCMJ, maybe exercised by a CO, an OIC,
or by certain officers to whom the power has been
delegated by the Secretary of the Navy (SECNAV).
In the Navy and Marine Corps, billet designations
by the Chief of Naval Personnel and Headquarters
Marine Corps identify those persons who are command-
ing officers. So the term commanding officer has a
precise meaning and is not used arbitrarily.
The power to impose NJP is inherent in the office
and not in the individual. Thus, the power may be
exercised by a person acting as CO, such as when the
CO is on leave and the executive officer (XO) succeeds
to command.
OICs exist in the naval service. An OIC is a com-
missioned officer appointed as an OIC of a unit by
departmental orders, tables of organization, manpower
authorizations, orders of a flag or general officer in
command, or orders of the senior officer present.
Ordinarily, the power to impose NJP cannot be
delegated. One exception is that a flag or general officer
in command may delegate all or a portion of his or her
Article 15 powers to a principal assistant. A principal
assistant is a senior officer on a flag or general officer’s
staff who is eligible to suceed to command. This
delegation must be made with (he express approval of
the Chief of Naval Personnel or the Commandant of the
Marine Corps.
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