Nonpunitive Measures
1
Nonpunitive Measures
• Purpose & Function
– Correct Minor Infractions and Deficiencies
Without Permanent Record
– Teaching and Training Device
– “Second Chance” allowing correction without
resorting to formal punitive action
2
Types Of Nonpunitive
Measures
• Counseling & Censure
• Admonition / Reprimand
• Extra Military Instruction
• Administrative Withholding of Privileges
3
Non-Punitive Measures
Function
• Provides Commander a wide range
of options to promote:
 Quick Application of discipline
 Chance for soldier to correct issue
before it impacts his record
 Proper functioning of discipline and
justice
4
Counseling & Censure
• ORAL or
• NONPUNITIVE LETTER
OF CAUTION
– Private / One Copy
– Not an Admonition or
Reprimand
– Not Mentioned in Performance
Evaluations / Fitness Reports
5
Admonition / Reprimand
• More serious than Censure
• Oral or Written
• Possibly filed in service member’s
record
– Member has right to include written
rebuttal
6
Extra Military Instruction (EMI)
• A Leadership Tool
• Training Purpose Only
• Analysis
– Identify Deficiency
– Assign Task - Logical
Relationship Test
• Written Order
7
Limitations
• 2 Hours (maximum) Per Day /
Not on Sabbath
• Reasonable Number of Days
• Entitled to Normal Liberty
Upon Completion
• No Service Record Book
Entry Made
8
Who May Assign EMI?
• During Working Hours:
Officers,
Noncommissioned
Officers and Petty Officers
• After Working Hours:
Commanding Officers May
Delegate to Officers and
Senior Enlisted
9
Administrative
Withholding Privileges
• Rights Cannot Be Withheld
– part of compensation
– required for performance of duties
• Privileges Can Be Withheld
– benefit for service member’s enjoyment
10
Examples Of Privileges
• Special Leave (vacation
without charged leave)
• Exchange of Duty
• Special Command Programs
• Base / Ship Library
• Base Clubs
• Base Parking
11
Denial Of Leave – NOT Allowed
• If used as a non-punitive measure
• Narrowly applied in other
circumstances:
–
–
–
–
liberty risk programs
work related limitations on leave
pre-trial restraint
Post-trial or NJP punishment
• Health / Safety Reasons
12
Abuse of Nonpunitive Measures
• Order is unenforceable
• Court-martial may reduce
sentence
13
Challenging Illegal
Nonpunitive Measures
•
•
•
•
•
Request private meeting with Commanding Officer
Complaint Against Commanding Officer
Complaint Against Other Senior
Congressional Inquiry
Inspector General Hotline Complaint
14
Other Nonpunitive Measures
•
•
•
•
•
•
Adverse efficiency / evaluation reports
Rehabilitative transfer
Administrative reduction in grade
Bar to reenlistment
Revocation of security clearance
Specialty Reclassification
15
16