What does NJP mean in the military?

Non-judicial Punishment (NJP) refers to certain limited punishments which can be awarded for minor disciplinary offenses by a commanding officer or officer in charge to members of his or her command. In the Marine Corps, the process is called “Office Hours.” In the Army and Air Force, it is referred to as an “Article 15.” In the Navy and Coast Guard, nonjudicial punishment proceedings are referred to as “Captain’s Mast.”

Article 15, of the Uniform Code of Military Justice, (UCMJ), and Part V of the Manual for Courts-Martial, constitute the basic law concerning Non-judicial punishment procedures.

In the Army and Air Force, non-judicial punishment can only be imposed by a commanding officer. That means an officer who is on actual orders, designating them as a “commander.” In the Navy and Marine Corps, Non-judicial punishment may be imposed by an “Officer in Charge.” The Term “Officer in Charge” does not mean an “OIC,” as a “job title,” but rather a specific officer where the flag officer holding general court-martial authority designates the office as the “officer in charge.”

Maximum penalties depend on the rank of the accused and that of the officer imposing punishment:

For Officers Accused of Misconduct

If the officer imposing punishment holds General Court Martial authority, or if the commanding officer of the grade O-7 or greater

• Arrest in quarters: not more than 30 days
• Restriction to limits: not more than 60 days
• Forfeiture of pay: not more than ½ of one month’s base pay for two months (base pay does not include allowances or special pay)
• Admonition or reprimand

By Commanding Officers: Grades O-4 to O-6

• Restriction to limits: not more than 30 days
• Admonition or reprimand

By Commanding Officers: Grades O-1 to O-3

• Restriction to limits: not more than 15 days
• Admonition or reprimand

By Officers In Charge (OIC)

• No Non-judicial Punishment authority over officers

For Enlisted Members Accused Of Misconduct

There are three types of Non-judicial punishment commonly imposed.

Summary Article 15: commanders (O-3 and below) and commissioned OIC may impose:

• Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for not more than 14 days
• Extra duties, including fatigue or other duties, for not more than 14 days
• Restriction with extra duties for not more than 14 days

Company Grade (O-3 or below) commanders may impose the above plus:

• Correctional Custody for not more than 7 days (only if accused is in the grades E-3 and below)
• Forfeiture of 7 days base pay
• Reduction by one grade, if original rank in promotion authority of imposing officer (USA/USAF E-4 and below.)
• Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
• Admonition or reprimand, either written or verbal

Field Grade (O-4 to O-6) may impose:

• Restriction for not more than 60 days
• Extra duties for not more than 45 days
• Restriction with extra duties for not more than 45 days
• Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
• Forfeiture of ½ of base pay for two months
• Reduction by one grade if (USA/USAF E-6 or E-5; USMC E-5 or below; USN E-6 or below); or reduction to E-1 (USA/USAF E-4 to E-2)
• Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
• Admonition or reprimand, either written or verbal

Remember, You can Accept the NJP or Reject the NJP

Since an Office Hours, Mast, Article 15 or Non-judicial Punishment hearing is a more informal internal hearing, you may decide that it is in your best interest to resolve the misconduct or infraction at that level. You can accept the NJP or reject the NJP and request a Courts Martial. Should you choose to accept the NJP, you will no longer have the right to a trial by Courts Martial. If you choose to accept the NJP, you essentially allow your commander to act as judge and jury over your Non-judicial punishment case.

Whether you choose to accept or reject the Non-judicial Punishment and request a formal Courts Martial, both choices will require you and/or you attorney to gather facts, evidence, supportive statements, and witnesses to prepare a defense.

If you're a Marine, you may know non-judicial punishments as "office hours." For sailors, they use the terms "captain's mast" or just "mast." Those in the Army or Air Force refer to non-judicial punishments as an "Article 15." No matter what branch of service you’re in, you likely know that a commanding officer may administratively discipline troops for minor offenses.

The "Article 15" moniker used by soldiers and airmen is the most specific, as it alludes to Article 15 of the Uniform Code of Military Justice. Article 15, combined with the Manual for Courts-Martial, is the law that empowers commanding officers to carry out a non-judicial punishment in lieu of a court-martial.

Who Can Impose a Non-Judicial Punishment?

In the Air Force and Army, a non-judicial punishment ("NJP") can only be carried out by a commanding officer. This means that only an officer on actual orders designating him or her as a commander can impose a NJP. In the Marine Corps and Navy, a NJP may be imposed by an "officer in charge." The naval term "officer in charge" means a specific officer who has been designated as such by an officer with general court-martial authority.

What is a Non-Judicial Punishment?

A NJP is a procedure in which the commanding officer or officer in charge may:

• Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command;
• Afford the accused a hearing as to such offenses; and
• Dispose of such charges by dismissing them, imposing punishment under the provisions of Article 15, or referring the case to a court-martial.

Thus a NJP is not a trial or a conviction and, if punishments are not carried out, not an acquittal.

What is a Minor Offense?

So what exactly constitutes a "minor offense?" This distinction has proven to be a controversial area of military law. Ultimately, determining if an offense is "minor" is a matter of discretion for a commanding officer or officer in charge.

For illustration's sake, the term "minor offense" typically means misconduct less serious than a summary court-martial. (The maximum punishment for a summary court-martial is 30 days confinement.) The nature of the offense and the circumstances surrounding its commission should be determining factors, according to Article 15 of the UCMJ and Part V of the Manual for Courts-Martial. Put another way, the term "minor offense" ordinarily does not include misconduct punishable by dishonorable discharge or confinement for more than a year.

There are two basic types of misconduct dealt with in military law -- crimes and disciplinary infractions. Crimes (handled via court-martial) involve grave offenses such as rape, murder, aggravated assault, robbery, etc. Disciplinary infractions, meanwhile, often are more administrative in nature. Infractions (think disobedience of military orders, disrespect to military superiors, and traffic violations) typically are handled via a NJP. Again, this is not an exhaustive list.

Remember, there is a lot of deference given to commanding officers. The military has taken the position that the final determination on whether an offense is "minor" lays within the sole discretion of the commanding officer.

Examples of Non-Judicial Punishments

Maximum penalties for a NJP vary widely depending on the rank of the accused and that of the officer imposing punishment. Here are two general examples:

If the officer imposing punishment holds general court martial authority, an officer accused of misconduct can be subject to:

• Restriction to specified limits (not more than 60 days)
• Arrest in quarters (not more than 30 days)
• Forfeiture of pay (not more than ½ of one month's base pay for two months; base pay does not include allowances or special pay); and
• Admonition or reprimand

For enlisted members accused of misconduct, meanwhile, commanding officers or officers in charge can impose:

• Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for not more than 14 days
• Extra duties, including fatigue or other duties, for not more than 14 days
• Restriction with extra duties for not more than 14 days

An accused service member has the right to avoid an Article 15 by demanding a trial by court-martial in lieu of NJP. If such a demand is made, the NJP proceedings must be terminated, at which point the commander must decide whether to proceed with a court-martial.

An accused service member also has the right to appeal the imposition of a NJP for being unjust or disproportionate to the offense. The appeal must be in writing and forwarded to the next superior authority via the officer who imposed punishment. Finally, the imposition of a non-judicial punishment does not rule out a subsequent court-martial for the same offense. As you can see, this is a complex area of military law.

Additional Resources

If you’re facing a NJP or a court-martial, you should speak to an attorney to protect your rights. You will normally have free access to a military defense attorney, but you should also consider retaining a civilian attorney specializing in military law. For more information on this, see FindLaw’s article on hiring civilian attorneys for military matters as well as FindLaw’s lawyer directory to find a civilian attorney near you that specializes in military law.