Current through Register Vol. 48, No. 12, March 22, 2024
a) General. Whether
to impose punishment, and the amount and nature of the punishment, are the sole
decisions of the imposing commander. However, the commander is encouraged to
discuss appropriate punishments with his or her Staff Judge Advocate after the
SMF member has had an opportunity to present matters in defense, mitigation or
extenuation. Commanders are also encouraged to consult with their NCOs and
other subordinates on the appropriate type, duration and limits of punishment
to be imposed. Additionally, as NCOs are often in the best position to observe
a member undergoing punishment, and to evaluate performance and attitude, their
views on clemency should be given careful consideration.
1) When forfeiture of pay will be imposed,
the commander should consider imposing a forfeiture below the maximum
authorized. Maximum forfeitures should be reserved for serious cases or repeat
offenders.
2) Unsuspended reduction
in grade should only be imposed in the same punishment with forfeiture of pay
when the maximum exercise of nonjudicial punishment authority is
warranted.
b) Rules for
Imposing Punishment. Unsuspended reduction in grade and forfeitures of pay are
effective on the date of imposition, which is the date item 4 of the NGIL Form
60-R is signed by the imposing commander. All other unsuspended punishments
take effect immediately upon notification to the member, unless otherwise
stated by the commander in item 4. In this regard, the commander cannot choose
a date earlier than the date he or she signed that item, but he or she may
delay the punishment for legitimate reasons (e.g., the member is hospitalized
or on authorized emergency leave). In those cases, the execution of the
punishment should begin immediately after the cause of the delay has abated.
Also, if a member to be punished is currently undergoing a punishment involving
restriction or extra duties under a prior NJP action, the commander can
prescribe an additional punishment of restriction or extra duties to begin
after the completion of the earlier punishment. Maximum punishments are
prescribed in Appendix A.
1) Restriction.
Restriction may be imposed with or without suspension from duties, and the
limits of the restriction shall be announced at the time punishment is
imposed.
2) Extra Duties. Extra
duties may be required to be performed at any time and, within the duration of
the punishment, for any length of time. However, when extra duties are
performed during IDT periods, one day of extra duty shall be counted against
each unit training assembly for that day. Extra duties may include the
performance of fatigue duty or of any other military duty; however, no extra
duty may be imposed that:
A) Constitutes
cruel or unusual punishment, or a punishment not sanctioned by the customs of
the service (e.g., using the offender as a personal servant);
B) Is a duty normally intended as an honor,
such as assignment to a guard of honor;
C) Is required to be performed in a
ridiculous or unnecessarily degrading manner (e.g., an order to clean a
barracks floor with a toothbrush);
D) Constitutes a safety or health hazard to
the offender; or
E) Would demean
the member's grade or position.
3) Forfeiture of Pay. Forfeiture of one day's
pay shall, in the case of IDT, constitute the pay for one unit training
assembly (UTA; a paid IDT of no less than 4 hours). Forfeitures of pay may
apply to pay accruing on or after the date punishment is imposed and to any pay
accrued, but not yet paid, before that date.
4) Reduction in Grade
A) Reduction Authority
i) Members in the grade of E-9 may be reduced
by the Assistant Adjutant General for Army or Air, as appropriate, but that
reduction shall be effective only upon the written approval of the Adjutant
General.
ii) Members in the grades
up to and including E-8 may be reduced by a commander in a Brigade or Wing
command position, or higher.
iii)
Members in the grades up to and including E-6 may be reduced by a commander in
a Battalion or Squadron command position, or higher.
iv) Members in the grades up to and including
E-4 may be reduced by a commander in a Company or Flight command position, or
higher.
B) Date of Rank.
When a member is reduced in grade as a result of an unsuspended reduction, his
or her date of rank in the grade to which reduced is the date the punishment of
reduction was imposed. If, however, the reduction is suspended either on or
after the time the punishment was imposed, or is later set aside or mitigated
to forfeiture, the date of rank in the grade held before the punishment was
imposed remains unchanged. For example, if an E-5 has a date of rank of May 1,
the member receives nonjudicial punishment on June 1 consisting of a reduction
in rank, and the commander subsequently suspends, sets aside or mitigates the
reduction on July 1, the date of rank for the restored grade is May
1.
C) Entitlement to Pay. When a
member is restored to a higher pay grade because of a suspension or because a
reduction is mitigated to forfeiture, entitlement to pay at the higher grade is
effective on the date of the suspension or mitigation, even though an earlier
date of rank is assigned. If, however, a reduction is set aside and all rights,
privileges and property are restored, the member concerned will be entitled to
pay as though the reduction had never been imposed.
D) Void Reduction. Any portion of a reduction
imposed under NJP beyond the imposing commander's authority to reduce is void
and must be set aside; however, if a commander reduces a member below a grade
to which the commander is authorized to reduce, and if the circumstances of the
case indicate that the commander was authorized and intended to reduce the
member at least one grade, a one-grade reduction may be approved.
5) Admonition and Reprimand.
Admonitions or reprimands imposed on commissioned or warrant officers must be
in writing. Admonitions or reprimands imposed on enlisted members may be
administered orally or in writing. Written admonitions and reprimands imposed
as a punishment may be included on the NGIL Form 60-R or may be written in
memorandum format and listed as an attachment to the NGIL Form 60-R. Oral
admonitions and reprimands shall be identified as such in item 4 of the NGIL
Form 60-R.
c)
Limitations on Punishments
1) Restriction.
Restriction shall not be imposed on or served by members performing IDT.
Restriction may be imposed and served only when the member is at an
installation, camp or field-type duty away from home station, or under
circumstances in which commuting home on a daily basis is not normally
authorized.
2) Combination. All
authorized punishments may be imposed in a single case in the maximum amounts,
except that, when restriction and extra duties are combined, the combination
may not exceed the maximum imposable for extra duties.
d) Announcement of Punishment. The results of
NJP actions may be announced after punishment is imposed or, if appealed, after
final decision on the appeal. The results of NJP proceedings may include a
summary of the offense, rank of the offender, and the punishment imposed, but
shall not include the offender's name or Social Security Number (SSN). The
results may be announced orally at the next unit formation, may be posted on
the unit bulletin board, or may be included in an appropriate newsletter or
publication. The purpose of announcing punishments is to preclude the
perception of unfairness of punishment and to deter similar misconduct by other
members. However, an inconsistent or arbitrary policy regarding the
announcement of punishments must be avoided, as that might result in the
appearance of vindictiveness or favoritism.