Not a Criminal Proceeding.
A guilty finding at a Non-Judicial Punishment (NJP) is never a ‘conviction.’ Non-judicial punishment is not a criminal proceeding. The purpose of non-judicial punishment is to correct minor shortcomings among service members. Additionally, NJP is efficient. It is not to punish the military member in any lasting way.
What is NJP?
In the military justice system, non-judicial punishment is an administrative proceeding. Additionally, Non-Judicial Punishment is known as an NJP, a Captain’s Mast, or Article 15. The NJP aims to mediate minor violations of the Uniform Code of Military Justice (UCMJ). In other words, non-judicial punishment is not a judicial proceeding. Therefore, an NJP does not result in a conviction.
Tool for Command.
Non-judicial punishment is a valuable tool for military officers. Further, it grants them the flexibility to quickly and efficiently address minor misconduct committed by a service member. However, there are several due process protections the service member is not entitled to at the proceedings, such as:
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the right to legal counsel,
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a military panel (jury), or
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a qualified military judge.
Further, as noted in the United States Sentencing Guidelines (USSG), only findings of guilt at special and general court-martials are considered convictions for prior records score calculations.
Lesser Punishment than Courts-Martial.
The maximum allowable punishments for a non-judicial punishment are less harsh than the permissible punishments at a summary, unique, or general court. The availability of less cruel punishment is partly due to the lack of due process protections. The most severe non-judicial punishment is a field-grade non-judicial punishment. A Field Grade NJP can result in punishment in the form of:
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multi-grade reduction in rank,
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forfeiture of half-pay for two months,
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forty-five days of extra duties, and
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Sixty days of restriction of the service member from activities other than work duties, exercise, or worship.
Lasting Effects.
Non-judicial punishment is not a ‘conviction”. However, it can still have a lasting impact on your military career. It may even result in an unfavorable discharge from the military. Finally, if you are facing NJP, you should immediately contact the knowledgeable attorneys at Crisp and Associates Military Law about how best to fight the charges.
