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BST UMCJ – Describe Article 15, Non Judicial Punishment

Describe Article 15, Non-Judicial Punishment (NJP)

Training Support Package (TSP) for the USMC Battle Skills Test (BST)

 

TASK: Describe Article 15, Non-Judicial Punishment (NJP)

CONDITION: Without the aid of references

STANDARD: Without omitting key component

ESTIMATED TIME TO TRAIN: 10 minutes

ESTIMATED TIME TO TEST: 2 minutes per Marine

PERFORMANCE STEPS:

  1. State the purpose of NJP
  2. State when NJP can be administered
  3. Describe the right to refuse NJP
  4. Describe the right to appeal
  5. Describe the procedures for appeal
REFERENCES:
  1. Manual for Court Martial (Current Edition)
  2. Marine Corps Manual
SUPPORT REQUIREMENTS: NA
The Military Justice System

Purpose of Military Law. The Uniform Code of Military Justice (UCMJ) embodies military law and is the military version of civilian and criminal law. It governs the actions of personnel within the military establishment.  The purpose of military law is to promote good order and discipline within the military service and, provide a basis for the administration of justice for the Armed Forces.

Who is empowered to uphold the UCMJ. Those who are subject to the UCMJ are empowered to uphold the UCMJ.  Article 2 further identifies the reserve and active duty population as empowered to uphold the UCMJ.

To whom the UCMJ applies. The UCMJ applies to all members of the military, including those on active duty, students at military academies, prisoners of war, and, in some cases, retired or reserve personnel.  It also applies to all recruits undergoing basic training.  Marines are expected to represent the model of America’s citizenry twenty-four hours a day.  Obedience to military law is never optional, nor situational.  Obedience to military and civil laws is the personal responsibility of each Marine whether in the barracks or in a bar.

PERFORMANCE STEP 1: State the purpose of NJP.

Article 15, more commonly referred to as Non-Judicial Punishment or NJP, is an administrative proceeding.  It is not a judicial proceeding. The purpose of NJP is to provide an essential and prompt means of maintaining good order and discipline to your unit’s commanding officer.  In the Marine Corps, such proceedings are commonly referred to as “Office Hours”. The Navy refers to these same proceedings as “Captain’s Mast.”

PERFORMANCE STEP 2: State when NJP can be administered.

NJP is only authorized for minor offenses, such as petty larceny or unauthorized absence.  The commanding officer must first determine if the charge is a minor offense.  An offense will be referred to a trial by court martial only if it is clear that NJP will be insufficient to meet the needs of justice and discipline.

PERFORMANCE STEP 3: Describe the right to refuse NJP.

If a Marine feels that he/she is innocent of any accusations and would have trouble convincing their commander of their innocence, or if they feel that their rights were being violated in the process, may refuse NJP and request trial by Court-Martial except when attached to or embarked on a vessel.  This decision should be made after he/she has talked with a military defense counsel.

PERFORMANCE STEP 4: Describe the right to appeal.

The right to appeal must be exercised within 5 days of the imposition of punishment.  If the Marine feels that the punishment awarded is unjust or disproportionate to the offense, the Marine may appeal all or part of their sentence to the next higher authority.

PERFORMANCE STEP 5: Describe the procedures for appeal.

Appeals shall be in writing and may include the appellant’s reasons for regarding the punishment as unjust or disproportionate.  If an NJP is appealed the next higher authority may set aside, suspend, or let stand, any portion of or all, of the original sentence.  During the appeal process the punishment cannot be increased.

Describe Article 15, Non-Judicial Punishment (NJP)

Evaluation checklist

 

EVALUATOR(S):

MARINE TRAINED:

DATE:

SUPPORT REQUIREMENTS: NA

EVALUATOR NOTE: Marines must answer or perform all the questions below without error in order to pass this event. The evaluator will guide the Marine being tested through the checklist by asking questions.

Performance Step Instructor Notes Pass or Remediate
1. State the purpose of NJP. Marine should state the purpose of NJP is it provides essential and prompt means of maintaining good order and discipline.
2. State when NJP can be administered. Marine should state NJP can only be administered for minor offenses.
3. Describe the right to refuse NJP Marine should state that NJP can be refused if:1.     The accused is innocent and would have trouble convincing their commander of their innocence2.     Feel their rights are being violated.3.     Can NOT refuse when embarked on a vessel
4. Describe the right to appeal Marine should state the right to appeal must be exercised within 5 days of the punishment.
5. Describe the procedures for appeal Marine should state appeals must be in writing and include reasons for regarding the punishment as unjust or disproportionate.

Describe Article 15, Non-Judicial Punishment (NJP)

Training Support Package (TSP) for the USMC Battle Skills Test (BST)