USAF First Sergeant Academy NONJUDICIAL PUNISHMENT References Manual

USAF First Sergeant Academy NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI 36 -2608 and AFI 51 -202

OVERVIEW ØPURPOSE ØLIMITATIONS ØRESPONSIBILITIES ØARTICLE 15 PROCEEDINGS ØCOMMANDER’S TOOLS

PURPOSE “Provides commanders with a means of maintaining good order and discipline. . . and to promote positive behavior changes. . . without the stigma of a courts-martial conviction. ” MCM, Part V

PURPOSE Ø REHABILITATION (Nature is actually punishment) Ø PROVIDES A FAIR, SWIFT AND EFFICIENT METHOD TO DEAL WITH OFFENSES TOO SERIOUS TO BE HANDLED ADMINISTRATIVELY, BUT NOT SERIOUS ENOUGH FOR COURTS-MARTIAL

LIMITATIONS ØSUBJECT TO NJP ACTION ØNJP STATUTE OF LIMITATIONS ØDOUBLE PUNISHMENT People are our business

RESPONSIBILITIES Ø AUTHORITY Ø GCM CONVENING AUTHORITY EXERCISES SUPERVISION OVER NJP Ø AUTHORITY MAY BE WITHHELD, ALL OR IN PART, BY SUPERIOR CC

RESPONSIBILITIES Ø COMMANDERS MUST: – BE CONVINCED THE ACCUSED PERSON COMMITTED AN OFFENSE UNDER THE UCMJ Ø CONSULT THE SJA – ARTICLE 15 - STANDARDS OF PROOF, OR RULES OF EVIDENCE NOT REQUIRED; THE ACCUSED CAN DEMAND TRIAL BY COURT-MARTIAL

ARTICLE 15 PROCEEDINGS OFFENSE COMMITTED REPORTED TO COMMANDER INVESTIGATE

ARTICLE 15 PROCEEDINGS WHO WILL INITIATE? UNIT COMMANDER SJA PREPARES AF FORM 3070 CONSULT SJA AMJAM RIP PERTINENT INFORMATION REFERRAL COMMANDER SJA PREPARES AF FORM 3070

ARTICLE 15 PROCEEDINGS Unit CC initiates Article 15 action SJA OFFICE DRAFTS SPEC’S CC NOTIFIES MEMBER GIVE MEMBER 3 DUTY DAYS

ARTICLE 15 PROCEEDINGS MEMBER ELECTS OPTIONS ACCEPTS ARTICLE 15 DEMANDS TRIAL BY COURT-MARTIAL PUNISHMENT FORWARD TO SJA

ARTICLE 15 PROCEEDINGS RECEIVE MEMBER’S WRITTEN PRESENTATION RECEIVE MEMBER'S ORAL PRESENTATION - ARTICLE - INFORM -SHOW -OPEN 31 RIGHTS OF EVIDENCE DOCUMENTS/OBJECTS TO PUBLIC, IF APPLICABLE -WITNESS -SPOKESPERSON

ARTICLE 15 PROCEEDINGS CONSULT SJA ON PUNISHMENT PREPARE PUNISHMENT ENDORSEMENT IMPOSE PUNISHMENT

ARTICLE 15 PROCEEDINGS DOES INDIVIDUAL APPEAL? NO UIF DECISION, FORWARD TO SJA YES 5 DAYS TO ELECT APPEAL OPTIONS FORWARD APPEAL THROUGH SJA TO APPELLATE AUTHORITY

ARTICLE 15 PROCEEDINGS ØAPPEAL OPTIONS – INDIVIDUAL HAS 5 DAYS TO SUBMIT APPEAL – PROCESSED AS ANY OTHER APPEAL – PUNISHMENT NOT STAYED UNLESS REQUESTED BY MEMBER AFTER 5 DAYS OF NO ACTION ON THE APPEAL

ARTICLE 15 PROCEEDINGS (APPEAL PROCESS) APPELLATE AUTHORITY RENDERS DECISION INDIVIDUAL ACKNOWLEDGES RECEIPT NECESSARY ACTION TAKEN & UIF DECISION

ARTICLE 15 PROCEEDINGS Ø SNCO SELECTION FOLDER (Ref: AFI 36 -2608) – CC IMPOSING ART 15 PUNISHMENT ON SNCO MUST DECIDE WHETHER TO FILE IN SELECTION FOLDER – REVIEWED BY NEXT SUPERIOR CC – IF MEMBER REDUCED BELOW E-7, CC STILL MAKES DECISION

ARTICLE 15 PROCEEDINGS ØSNCO SELECTION FOLDER – DECISION LETTER IS PART OF THE ART 15 PROCESS – DELAY IN PREPARING DECISION LETTER DELAYS ARTICLE 15 – FORWARDED TO SJA WITH ARTICLE 15 – RETENTION PERIOD: 2 YRS OR ONE PROMOTION BOARD CONSIDERATION

ARTICLE 15 PROCEEDINGS ØPUNISHMENT – BASED ON: • OFFENDER’S RANK • COMMANDER’S RANK AND TITLE

ARTICLE 15 PROCEEDINGS ØPUNISHMENTS – REDUCTION IN GRADE – FORFEITURE OF PAY – REPRIMAND – RESTRICTION – EXTRA DUTY

ARTICLE 15 PROCEEDINGS ØPUNISHMENTS – Correctional Custody • Limited Availability in Some Commands – Arrest in Quarters • Pertains to Officers Only

COMMANDER’S TOOLS ØMCM -- PART V, PARA 6 – SETTING ASIDE – SUSPENSION – MITIGATION – REMISSION

COMMANDER’S TOOLS ØVACATION ACTION – PREVIOUSLY SUSPENDED PUNISHMENT MAY BE VACATED (AF FM 366) IF: DURING THE SUSPENSION PERIOD, MEMBER COMMITS A SECOND OFFENSE UNDER THE UCMJ, OR VIOLATES A CONDITION OF THE PROBATION – VACATION ACTION MUST BE INITIATED DURING SUSPENSION PERIOD

SUMMARY Ø PURPOSE Ø RESPONSIBILITIES Ø ARTICLE 15 PROCEEDINGS Ø COMMANDER’S TOOLS