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

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Presentation on theme: "People are our business NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI 36-2608 and AFI 51-202 USAF First Sergeant Academy."— Presentation transcript:

1 People are our business NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI and AFI USAF First Sergeant Academy

2 People are our business OVERVIEW PURPOSE LIMITATIONS RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDERS TOOLS

3 People are our business 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

4 People are our business 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

5 People are our business LIMITATIONS SUBJECT TO NJP ACTION NJP STATUTE OF LIMITATIONS DOUBLE PUNISHMENT

6 People are our business RESPONSIBILITIES AUTHORITY GCM CONVENING AUTHORITY EXERCISES SUPERVISION OVER NJP AUTHORITY MAY BE WITHHELD, ALL OR IN PART, BY SUPERIOR CC

7 People are our businessRESPONSIBILITIES 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

8 People are our business ARTICLE 15 PROCEEDINGS OFFENSE COMMITTED OFFENSE COMMITTED REPORTED TO COMMANDER INVESTIGATE

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

10 People are our business ARTICLE 15 PROCEEDINGS DRAFTS SPECS CC NOTIFIES MEMBER GIVE MEMBER 3 DUTY DAYS SJA OFFICE Unit CC initiates Article 15 action

11 People are our business MEMBER ELECTS OPTIONS ACCEPTS ARTICLE 15 PUNISHMENT DEMANDS TRIAL BY COURT-MARTIAL FORWARD TO SJA ARTICLE 15 PROCEEDINGS

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

13 People are our business CONSULT SJA ON PUNISHMENT PREPARE PUNISHMENT ENDORSEMENT IMPOSE PUNISHMENT ARTICLE 15 PROCEEDINGS

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

15 People are our business 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

16 People are our business APPELLATE AUTHORITY RENDERS DECISION INDIVIDUAL ACKNOWLEDGES RECEIPT NECESSARY ACTION TAKEN & UIF DECISION ARTICLE 15 PROCEEDINGS (APPEAL PROCESS)

17 People are our business ARTICLE 15 PROCEEDINGS SNCO SELECTION FOLDER (Ref: AFI ) –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

18 People are our business 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

19 People are our business ARTICLE 15 PROCEEDINGS PUNISHMENT –BASED ON: OFFENDERS RANK COMMANDERS RANK AND TITLE

20 People are our business ARTICLE 15 PROCEEDINGS PUNISHMENTS –REDUCTION IN GRADE –FORFEITURE OF PAY –REPRIMAND –RESTRICTION –EXTRA DUTY

21 People are our business ARTICLE 15 PROCEEDINGS PUNISHMENTS –Correctional Custody Limited Availability in Some Commands –Arrest in Quarters Pertains to Officers Only

22 People are our business COMMANDERS TOOLS MCM -- PART V, PARA 6 –SETTING ASIDE – SUSPENSION – MITIGATION – REMISSION

23 People are our business COMMANDERS TOOLS COMMANDERS 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

24 People are our business SUMMARY PURPOSE RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDERS TOOLS


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