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NATURE OF THE PUNISHMENT
There
are
eight
specific
types
of
punishment
that
may,
under
proper
circumstances, be imposed as NJP. They are
admonition and reprimand, arrest in quarters,
restriction, forfeiture, extra duty, reduction in
grade, correctional custody, and confinement
on bread and water or diminished rations.
Remember, there are limitations that are based
upon the COs rank and the status of the
offender.
Admonition and Reprimand
Admonition and reprimand are two forms
of censure intended to express adverse
reflection upon or criticism of a persons
conduct. A reprimand is a more severe form
of censure than an admonition.
When
imposed as NJP, the admonition or reprimand
is considered 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 letters 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 is the least severe form of
deprivation of liberty. Restriction involves
moral rather than physical restraint.
The
severity of this type of restraint depends 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 necessary 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 recreational 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 affected. 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.
Restriction
9-13
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