Current through Register Vol. 48, No. 12, March 22, 2024
a)
NGIL Form 60-R: Record of Nonjudicial Punishment Proceedings. All NJP actions,
including notification, election of rights, imposition of punishment, appeal,
Staff Judge Advocate review, and action on appeal, shall be recorded on NGIL
Form 60-R. After the SMF member indicates in item 5 that he or she does not
appeal, or after completion of item 9 if the member appeals, a copy of the
completed NGIL Form 60-R shall be given to the member. The original of the NGIL
Form 60-R, with all attachments and supporting documents (see subsection (f)),
shall then be mailed to the Office of the Adjutant General, ATTN: NGIL-JA, at
the address specified in Section 400.1205(b)(4). The Office shall review the
form for legal sufficiency, then shall distribute the form as indicated in
subsections (a)(1) through (5).
1) For Army
National Guard (ARNG) members, the original of the NGIL Form 60-R shall be
filed in the member's Military Personnel Records Jacket (MPRJ). For Air
National Guard (ANG) members, the original of NGIL Form 60-R shall be filed in
the commander's Personnel Information File (PIF). These originals shall
normally be destroyed by the custodian of the file at the end of 2 years from
the date of imposition of punishment, unless:
A) the filing authority directs filing for
either a shorter or longer period of time in accordance with applicable service
regulations; or
B) the member has
received an additional NJP in the interim. In the latter case, both NJP records
shall be retained in the MPRJ or PIF and shall be destroyed at the end of 2
years from the latest date of imposition of punishment, or at the end of the
time period determined by the commander in accordance with applicable service
regulations.
2) One
copy, with attachments and supporting documents, shall be filed with the
NGIL-JA for one year from the date punishment was imposed, after which it shall
be destroyed. NGIL-JA shall also forward a copy of the form to NGIL-HRO if the
member is in an Active Guard Reserve (AGR) status.
3) One copy, with attachments, shall be
permanently filed in the member's vault file (ARNG) or State 201 file
(ANG).
4) If the punishment affects
the member's pay (i.e., an unsuspended reduction in grade or forfeiture of
pay), one copy of the NGIL Form 60-R shall be sent to the appropriate ARNG or
ANG office that processes that member's military pay records.
5) If the punishment includes an unsuspended
reduction in grade, one copy of the NGIL Form 60-R shall be sent to the
appropriate reduction authority to process the reduction orders.
b) NGIL Form 61-R: Record of
Supplementary Nonjudicial Punishment Action. All supplementary actions, except
vacation of suspension, shall be recorded on NGIL Form 61-R. Supplementary
action is any action taken by an appropriate authority to suspend, mitigate,
remit or set aside a punishment after action has been taken on an appeal or the
NGIL Form 60-R has been distributed according to subsection (a). After
completion of item 1 on the NGIL Form 61-R, a copy of the completed form shall
be given to the member. The original of the NGIL Form 61-R, with all
attachments and supporting documents, shall then be mailed to the Office of the
Adjutant General, ATT: NGIL-JA, at the address specified in Section
400.1205(b)(4). The Office shall review the form for legal sufficiency, then
shall distribute the form as indicated in subsections (b)(1) through (5).
1) The original of the NGIL Form 61-R shall
be filed in the MPRJ for ARNG members or in the commander's PIF for ANG. The
NGIL Form 61-R shall be destroyed at the same time as the NGIL Form 60-R that
it supplements.
2) One copy, with
all attachments and supporting documents, shall be filed at NGIL-JA for one
year from the date of the supplementary action, after which it shall be
destroyed. NGIL-JA shall also forward a copy of the form to NGIL-HRO if the
member is in an AGR status.
3) One
copy, with attachments, shall be permanently filed in the member's vault file
(ARNG) or State 201 file (ANG).
4)
If the supplementary action affects the member's pay (e.g., set aside of a
punishment), one copy of the NGIL Form 61-R and a copy of the initial NGIL Form
60-R shall be sent to the appropriate ARNG or ANG office that processes that
member's military pay records.
5)
If the supplementary action affects the member's grade (e.g., restoration to a
higher grade), then one copy of the NGIL Form 61-R and a copy of the initial
NGIL Form 60-R shall be forwarded to the appropriate promotion authority to
process the order.
c)
NGIL Form 62-R (Record of Vacation of Suspended Nonjudicial Punishment).
Vacation of suspension proceedings shall be recorded on NGIL Form 62-R. After
completion of item 4 on the NGIL Form 62-R, a copy of the completed form shall
be given to the member. The original of the NGIL Form 62-R, with all
attachments and supporting documents, shall then be mailed to the Office of the
Adjutant General, ATTN: NGIL-JA, at the address specified in Section
400.1205(b)(4). The Office shall review the form for legal sufficiency, then
shall distribute the form as indicated in subsections (c)(1) through (5).
1) The original of the NGIL Form 62-R shall
be filed in the MPRJ for ARNG members or in the commander's PIF for ANG
members. The NGIL Form 62-R shall be destroyed at the same time as the NGIL
Form 60-R that it supplements.
2)
One copy, with all attachments and supporting documents, shall be filed at
NGIL-JA for one year from the date of the supplementary action, after which it
shall be destroyed. NGIL-JA shall also forward a copy of the form to NGIL-HRO
if the member is in an AGR status.
3) One copy, with attachments, shall be
permanently filed in the member's vault file (ARNG) or State 201 file
(ANG).
4) If the vacation action
affects the member's pay (e.g., vacation of a suspended reduction), then one
copy of the NGIL Form 62-R and a copy of the initial NGIL Form 60-R shall be
sent to the appropriate ARNG or ANG office that processes that member's
military pay records.
5) If the
vacation action affects the member's grade, then one copy of the NGIL Form 62-R
and a copy of the initial NGIL Form 60-R shall be forwarded to the appropriate
reduction authority to process the order.
d) Set Aside Actions. All copies of NGIL
Forms 60-R and 61-R reflecting NJP actions that are later set aside in their
entirety shall be destroyed, except for the permanent copies filed in the
member's vault file (ARNG) or State 201 file (ANG).
e) Effect of Errors. A NJP proceeding is not
legally sufficient if it contains an error that materially prejudices a
substantial right of the member. If such an error exists and cannot be remedied
within the same proceeding, the appropriate NJP authority shall set aside the
defective action. A new NJP action may be initiated for the same misconduct,
but any punishment imposed as a result of the new proceeding may be no more
severe than that originally imposed. If a material error exists and can be
remedied within the same proceeding without prejudicing the member's rights,
the commander shall notify the member of the error by endorsement to the form
and thoroughly explain the correction to the record. The member shall sign an
acknowledgement and may submit comments. The endorsement and acknowledgement
shall become attachments to the form. Administrative or clerical errors, and
minor errors that do not affect a substantial right of the member, do not
require correction to make the proceedings legally sufficient. These errors may
be corrected with pen-and-ink changes initialed by the commander and the
member, as appropriate.
f) Contents
of Record
1) The record of NJP consists of
the NGIL Forms 60-R, 61-R and 62-R, as applicable, and any of their
attachments. All attachments shall be annotated in item 11 of the NGIL Form
60-R or 62-R in item 7 and shall be sent to NGIL-JA with the record.
Attachments include, at a minimum:
A)
evidence (see Army Regulation 15-6 (Procedures for Investigating Officers and
Boards of Officers)) and other written materials relied on by the imposing
commander;
B) statements of
offenses;
C) any memorandum of
reprimand imposed as punishment;
D)
change of commander notification;
E) endorsements correcting errors that
required explanation; and
F)
written materials considered as a basis for vacating a suspended punishment or
submitted by the member in mitigation, extenuation, defense or on
appeal.
2) Except for
memoranda of reprimand imposed as punishment that shall be filed in the
member's personnel file as part of the record, attachments shall be filed at
NGIL-JA and shall not be filed in the member's personnel file.
g) Use of Record
1) Records of NJP proceedings may be used as
directed by the Adjutant General or as authorized by applicable regulations.
Attachments transmitted with the originals or copies of NGIL Forms 60-R, 61-R
and 62-R, or when filed with any of these forms, shall be considered to be
maintained separately for the purpose of determining the admissibility of the
originals or copies of those forms at administrative proceedings.
2) A record of NJP, not otherwise
inadmissible, may be admitted at administrative proceedings from any file in
which it is properly maintained pursuant to this Subpart.