Officer and Nonjudicial Punishment

Topics: Officer, Non-commissioned officer, Uniform Code of Military Justice Pages: 44 (16870 words) Published: March 27, 2011
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, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life, and similar deficiencies. These measures are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment. Included among nonpunitive measures are denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training (Army Regulation (AR) 600–20), bar to reenlistment, and military occupational specialty (MOS) reclassification. Certain commanders may administratively reduce enlisted personnel for inefficiency and other reasons. This authority exists apart from any authority to punish misconduct under Article 15. These two separate and distinct kinds of authority should not be confused. b. Reprimands and admonitions. (1) Commanding officers have authority to give admonitions or reprimands either as an administrative measure or as

AR 27–10 • 6 September 2002


nonjudicial punishment. If imposed as a punitive measure under Article 15, the procedure set forth in paragraph 4, part V, MCM, and in section III of this chapter must be followed. (2) A written administrative admonition or reprimand will contain a statement that it has been imposed as an administrative measure and not as punishment under Article 15 (AR 600–37). Admonitions and reprimands imposed as punishment under Article 15, whether administered orally or in writing (para 5c(1), part V, MCM), should state clearly that they were imposed as punishment under that Article. c. Extra training or instruction. One of the most effective nonpunitive measures available to a commander is extra training or instruction (AR 600–20). It is used when a soldier’s duty performance has been substandard or deficient; for example, a soldier who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected. The...
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