Officer and Nonjudicial Punishment
Chapter 3 Nonjudicial Punishment
Section I Applicable Policies (para 1, part V, MCM) 3–1. General This chapter implements and amplifies Article 15, UCMJ, and part V, MCM. No action should be taken under the authority of Article 15, UCMJ, without referring to the appropriate provisions of the MCM and this chapter. This chapter prescribes requirements, policies, limitations, and procedures for— a. Commanders at all levels imposing nonjudicial punishment. b. Members on whom this punishment is to be imposed. c. Other persons who may take some action with respect to the proceedings. 3–2. Use of nonjudicial punishment A commander should use nonpunitive measures to the fullest extent to further the efficiency of the command before resorting to nonjudicial punishment (para 1d(1), part V, MCM). Use of nonjudicial punishment is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. If it is clear that nonjudicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken. Prompt action is essential for nonjudicial punishment to have the proper corrective effect. Nonjudicial punishment may be imposed to— a. Correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures. b. Preserve a soldier’s record of service from unnecessary stigma by record of court-martial conviction. c. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. 3–3. Relationship of nonjudicial punishment to nonpunitive measures (para 1g, part V, MCM) a. General. Nonjudicial punishment is imposed to correct misconduct in violation of the UCMJ. Such conduct may result from intentional disregard of or failure to comply with prescribed standards of military conduct. Nonpunitive measures usually deal with misconduct resulting from simple neglect, forgetfulness, laziness,
Section I Applicable Policies (para 1, part V, MCM) 3–1. General This chapter implements and amplifies Article 15, UCMJ, and part V, MCM. No action should be taken under the authority of Article 15, UCMJ, without referring to the appropriate provisions of the MCM and this chapter. This chapter prescribes requirements, policies, limitations, and procedures for— a. Commanders at all levels imposing nonjudicial punishment. b. Members on whom this punishment is to be imposed. c. Other persons who may take some action with respect to the proceedings. 3–2. Use of nonjudicial punishment A commander should use nonpunitive measures to the fullest extent to further the efficiency of the command before resorting to nonjudicial punishment (para 1d(1), part V, MCM). Use of nonjudicial punishment is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. If it is clear that nonjudicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken. Prompt action is essential for nonjudicial punishment to have the proper corrective effect. Nonjudicial punishment may be imposed to— a. Correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures. b. Preserve a soldier’s record of service from unnecessary stigma by record of court-martial conviction. c. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. 3–3. Relationship of nonjudicial punishment to nonpunitive measures (para 1g, part V, MCM) a. General. Nonjudicial punishment is imposed to correct misconduct in violation of the UCMJ. Such conduct may result from intentional disregard of or failure to comply with prescribed standards of military conduct. Nonpunitive measures usually deal with misconduct resulting from simple neglect, forgetfulness, laziness,