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passage or assigned or attached to an
embarked staff, unit, detachment, squadron,
team, air group, or other regularly organized
body.
The key time
factor in determining
whether or not a person has the right to
demand trial by court-martial is the time of
the imposition of the NJP and not the time of
the commission of the offense. There is no
power for a CO or an OIC to
a civilian.
OFFENSES PUNISHABLE
ARTICLE 15, UCMJ
impose NJP on
UNDER
Article 15 gives a CO power to punish
individuals for minor offenses.
The term
minor offense has been the cause of some
concern in the administration of NJP.
Article 15, UCMJ, and part V, par. 1e,
MCM, say that the term minor offense means
misconduct normally not more serious than
that usually
h a n d l e d a t a s u m m a ry
court-martial (SCM) (where the maximum
punishment is 30 days’ confinement). These
sources also say that the nature of the offense
and the circumstances
surrounding
its
commission are also factors that should be
considered in determining whether an offense
is minor in nature.
The term minor offense ordinarily does not
include misconduct that, if tried by a general
court-martial (GCM), could be punished by a
dishonorable discharge (DD) or confinement
for more than 1 year. The Navy and Marine
Corps, however, have taken the position that
the final determination of whether an offense
is minor is within the sound discretion of the
CO.
Cases Previously Tried in Civil Court
Sections 0108b and 0124c(2) of the
JAGMAN permit the use of NJP to punish an
accused for an offense that he or she has been
(1) tried (whether acquitted or convicted) by
a domestic or foreign civilian court, (2)
diverted out of the regular criminal process
for a probationary period, or (3) adjudicated
by juvenile court authorities. This is true only
if authority is obtained from the OEGCMJ
(usually the general or flag officer in
command over the command desiring to
impose NJP).
NJP may not be imposed for an act tried
by a court that derives its authority from the
United States, such as a federal district court.
Cases in which a finding of guilt or
innocence has been reached in a trial by
court-martial cannot be taken to NJP.
Off-Base Offenses
COs and OICs may dispose of minor
disciplinary infractions that occur on base or
off base at NJP. Unless the off-base offense
is a traffic offense or one previously
adjudicated by civilian authorities, there is no
limit on the authority of military commanders
to resolve such offenses at NJP.
In areas not under military control, the
responsibility for maintaining law and order
rests with civil authority. The enforcement of
traffic laws falls within the purview of this
principle. Off-duty, off-installation driving
offenses, however, show inability and lack of
safety
consciousness.
Such driving
performance does not prevent the use of
nonpunitive measures that could include
denial of on-installation driving privileges.
THE NJP PACKAGE
The NJP package, as we will refer to it,
includes numerous documents and forms
along with any evidence on the case. As we
will discuss, strict compliance with filling out
the forms is essential to a proper NJP
proceeding.
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