USAF First Sergeant Academy
NONJUDICIAL
PUNISHMENT
References: Manual for Courts-Martial,
AFI 36-2608 and AFI 51-202
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OVERVIEW
PURPOSE
LIMITATIONS
RESPONSIBILITIES
ARTICLE 15 PROCEEDINGS
COMMANDER’S TOOLS
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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
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PURPOSE
REHABILITATION (Nature is actually
punishment)
PROVIDES A FAIR, SWIFT AND
EFFICIENT METHOD TO DEAL WITH
OFFENSES TOO SERIOUS TO BE
HANDLED ADMINISTRATIVELY, BUT
NOT SERIOUS ENOUGH FOR
COURTS-MARTIAL
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LIMITATIONS
SUBJECT TO NJP ACTION
NJP STATUTE OF LIMITATIONS
DOUBLE PUNISHMENT
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RESPONSIBILITIES
AUTHORITY
GCM CONVENING AUTHORITY
EXERCISES SUPERVISION OVER
NJP
AUTHORITY MAY BE WITHHELD,
ALL OR IN PART, BY SUPERIOR CC
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RESPONSIBILITIES
 COMMANDERS MUST:
– BE CONVINCED THE ACCUSED
PERSON COMMITTED AN OFFENSE
UNDER THE UCMJ
CONSULT THE SJA
– ARTICLE 15 - STANDARDS OF PROOF,
OR RULES OF EVIDENCE NOT
REQUIRED; THE ACCUSED CAN
DEMAND TRIAL BY COURT-MARTIAL
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ARTICLE 15 PROCEEDINGS
OFFENSE
COMMITTED
REPORTED TO
COMMANDER
INVESTIGATE
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ARTICLE 15 PROCEEDINGS
CONSULT SJA
AMJAM RIP
WHO WILL
INITIATE?
UNIT COMMANDER
SJA PREPARES
AF FORM 3070
PERTINENT
INFORMATION
REFERRAL COMMANDER
SJA PREPARES
AF FORM 3070
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ARTICLE 15 PROCEEDINGS
Unit CC
initiates
Article 15
action
SJA OFFICE
DRAFTS SPEC’S
CC NOTIFIES
MEMBER
GIVE MEMBER
3 DUTY DAYS
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ARTICLE 15 PROCEEDINGS
MEMBER ELECTS
OPTIONS
DEMANDS
TRIAL BY
COURT-MARTIAL
ACCEPTS
ARTICLE 15
PUNISHMENT
FORWARD
TO SJA
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ARTICLE 15 PROCEEDINGS
RECEIVE MEMBER’S WRITTEN PRESENTATION
RECEIVE MEMBER'S ORAL PRESENTATION
-
ARTICLE 31 RIGHTS
-WITNESS
-
INFORM OF EVIDENCE
-SPOKESPERSON
-SHOW
-OPEN
DOCUMENTS/OBJECTS
TO PUBLIC, IF APPLICABLE
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ARTICLE 15 PROCEEDINGS
CONSULT SJA
ON PUNISHMENT
PREPARE
PUNISHMENT
ENDORSEMENT
IMPOSE
PUNISHMENT
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ARTICLE 15 PROCEEDINGS
DOES INDIVIDUAL
APPEAL?
NO
YES
UIF DECISION, FORWARD
TO SJA
5 DAYS TO ELECT
APPEAL OPTIONS
FORWARD APPEAL
THROUGH SJA TO
APPELLATE AUTHORITY
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ARTICLE 15 PROCEEDINGS
APPEAL 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
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ARTICLE 15 PROCEEDINGS
(APPEAL PROCESS)
APPELLATE
AUTHORITY RENDERS
DECISION
INDIVIDUAL
ACKNOWLEDGES
RECEIPT
NECESSARY ACTION
TAKEN & UIF DECISION
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ARTICLE 15 PROCEEDINGS

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
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ARTICLE 15 PROCEEDINGS
SNCO 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
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ARTICLE 15 PROCEEDINGS
PUNISHMENT
–
BASED ON:
• OFFENDER’S RANK
• COMMANDER’S RANK AND TITLE
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ARTICLE 15 PROCEEDINGS
PUNISHMENTS
– REDUCTION IN GRADE
– FORFEITURE OF PAY
– REPRIMAND
– RESTRICTION
– EXTRA DUTY
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ARTICLE 15 PROCEEDINGS
PUNISHMENTS
– Correctional Custody
• Limited Availability in Some
Commands
– Arrest in Quarters
• Pertains to Officers Only
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COMMANDER’S TOOLS
MCM -- PART V, PARA 6
– SETTING ASIDE
– SUSPENSION
– MITIGATION
– REMISSION
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COMMANDER’S TOOLS
VACATION 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
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SUMMARY
 PURPOSE
 RESPONSIBILITIES
 ARTICLE 15 PROCEEDINGS
 COMMANDER’S TOOLS
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