MILITARY JUSTICE
-- AN OVERVIEW -43d MP BDE, JAG
THE PURPOSE OF MJ
To set the Standard
 Provide a process for enforcement
 Reinforce values that provide for an
effective fighting force

THE COMMANDERS TOOL
Must be used with reason rather than
emotion
 Each case must be considered on its
own merits
 Process must be conducted in
accordance with law and regulation
 The commander is a magistrate

CONSIDER ADMINISTRATIVE
OPTIONS FIRST
Corrective training
 Counseling
 Admonition / Reprimand
 Withdraw of Privileges
 OER/EER
 Bar to Reenlistment
 Administrative separation/elimination

ART 15 Commanders Notebook
Art 15 UCMJ
 Manual for Courts Martial
 DA Forms 2627 and 2627-1
 AR 27-10
 Commanders Legal Guide

Purpose of Non-Judicial
Punishment
Correct Educate and Reform Offenders
who have shown that they cannot
benefit by less stringent measures
 Preserve an offender's record of service
 Further military efficiency by disposing
of minor offenses in a manner requiring
less time and personnel then trial by
court-martial.
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Authority to Administer NJP
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A commander who is a Commissioned or Warrant
Officer of a
– Troop, Battery, Company
– Numbered Unit or Detachment
Authority is personal to the Commander
Authority may be withheld but not interfered with,
AR 27-10 withholds Officer Art 15 to the GCMCA or
General Officer Level for RC soldiers
WHO MAY BE GIVEN AN
ART 15?
Members of the command
 Persons Detailed
 Orders?
 Where do they sleep, get paid, eat,
work; duration
 Transfer terminates status; forward to
gaining command
 RC officers, GCMCA or Gen. Officer

WHAT TYPES OF
OFFENCES?
Minor
 Maximum punishment under UCMJ
does not include a BCD
 Violation of a General Order, 2yrs DD
 Common sense consider age,
intelligence, experience, prior service
 Regulation is a guide
 Real minor offense bars Court Martial

ART 15 PROCEDURES
Summarized and Formal
 Company Grade, Field Grade, General
Officer
 Commanders have options

– Guilt or innocence
– Punishments
– Filing
SUMMERIZED ART 15
Punishment
Same regardless of Commander’s Rank
 14 days restriction
 14 days extra duty
 Oral admonition or Reprimand

SUMMERIZED ART 15,
NOTICE, (E-7 or Above)
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Intent to impose punishment
Maximum Punishment
Offense and ART violated
Art 31 Rights
Right to Demand Trial
Right to confront witnesses, examine
evidence, submit matters in defense,
extenuation, and mitigation (spokesperson)
Right to Appeal
AFTER NOTICE
OPPORTUNITY TO DECIDE
Soldier gets a reasonable time (24
hours)
 No right to an attorney
 Soldier returns and notifies commander
of his decision

– If declines hearing ends
– If accepts commander conducts hearing
COMMANDER’S HEARING
Commander considers evidence oral
and written against the soldier
 Commander considers evidence
submitted by the soldier; defense,
extenuation or mitigation
 Commander deliberates (standard is
Beyond A Reasonable Doubt)
 Commander imposes punishment

IMPOSITION OF PUNISHMENT
Immediate
 Unless otherwise stated
 Appeal not acted upon within 3 days
stays imposition of liberty provisions

NOTICE OF APPELLATE
RIGHTS
Commander explains rights of appeal
and soldier indicates his selection on
the DA Form 2627-1, immediately or
has 5 days to decide
 If appealed Command has 3 days to act
or must suspend deprivations of liberty

FILING OF SUMMERIZED
ART 15
Handwritten on a DA Form 2627-1
 Maintained in local Art 15 file
 Destroyed upon transfer or after 2 years
which ever occurs first

FORMAL ART 15
Differs because of the punishment that
can be imposed
 Level of punishment based upon grade
of commander
 Additional rights afforded the soldier

PUNISHMENT COMPANY
GRADE
Admonition or Reprimand; oral or
written
 Extra Duty 14 days
 Restriction 14 days or Correctional
Custody for 7 days (but must be E-3 or
below and there must be a facility)
 Reduction of E-2 to E-4 one grade
 Forfiture of 7 days pay
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PUNISHMENT FIELD
GRADE/GENERAL OFFICER
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Admonition or Reprimand; oral or written
Extra Duty 45 days
Restriction 60 days or Correctional Custody
for 30 days (but must be E-3 or below and
there must be a facility)
Reduction of E-2 to E-4 one or more grades,
reduction of E-5 one grade
Forfeiture of 1/2 of one months pay for 2
months
OFFICER PUNISHMENT
Only General Officers or GCMCA
 Admonition or Reprimand; oral or
written
 Arrest 30 days or Restriction 60 days
 Forfeiture of pay 1/2 of one months pay
for two months
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SPECIAL FORFITURE RULES
FOR RESERVE SOLDIERS
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If RC soldier is not serving punishment on
AD then apply a forfeiture to percentage to
pay earned during forfeiture period
The percentage is applied to pay earned
during period of forfeiture
Example 200/912.60=21.92% x Pay Earned
If soldier earns no pay during the period then
no pay is fortified
SUSPENSION OF PUNISHMENT
Commander may suspend punishment
for up to 6 months
 Any violation of UCMJ can result in
imposition of the punishment plus the
initiation of another ART 15
 Can be a good option of some soldiers
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FORMAL ART 15
ADDITIONAL RIGHTS
Right to consult with counsel
 Right to request an open hearing
 Maximum punishment that could be
imposed, plus if asked the maximum
punishment for a Courts Martial
 Reasonable period of time is increased
to 48 hours, but...
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COMMANDER’S HEARING
IS THE SAME
 Presentation of evidence
 Evidence in defense, extenuation and
mitigation
RECORDING THE FORMAL
ART 15
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DA Form 2627
If E-4 or below and first one filed locally
For all others it goes in the OMPF
– Restricted
– Performance
If E-5 or above and previous ART 15 on file
automatically goes to performance fiche
APPEALS OF NJP

Grounds
– Punishment was disproportionate to the
offense
– Punishment was unjust because it did not
comply with the law or regulation
– Argue lack of guilt. Note: Acceptance of
ART 15 is not evidence of guilt but merely
consent to procedures.
APPEALS OF NJP

Procedure
– Appeal is started with notation on the DA
Form 2627
– Within 5 days of imposition of punishment
or "for good cause shown"
– Appeal to the imposing commander and
forwarded to the appellate authority (next
line supervisor)
– If soldier transferred it goes to the new
superior
– Must be first sent for legal review if...
APPEALS OF NJP

Appellate Authority Options
– Suspend all or a portion of the punishment
– Mitigate the punishment - i.e. change reduction to
forfeiture, reduce the period of suspension of
liberty
– Remission of punishment - cancels the unexecuted
portion of the punishment
– Set Aside punishment if there is a clear injustice,
i.e. new evidence unquestionably exculpating the
soldier
MAJOR MISCONDUCT COURTS MARTIAL
Federal Conviction
 Various Levels
 The Players
 The Rules
 Special Problems for Reserves
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SEARCH, SEIZURE, AND
INVESTIGATION
THE COMMANDERS ROLE
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Inspections
– Cannot target an individual or group
– Consistent
– Related to health, welfare or unit readiness
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Search
–
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Probable cause
Searches not requiring probable cause
Is the place or thing subject to protections
Who can authorize a search
ART 31 RIGHTS
Its not Maranda
 Mere Suspect
 Superior subordinate relationship
 Investigative relationship
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VIOLATIONS OF 4TH AND
5TH AMENDMENT RIGHTS
Art 138 complaint
 IG complaint
 Use of evidence
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QUESTIONS???