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USAF First Sergeant Academy

NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI 36-2608 and AFI 51-202. USAF First Sergeant Academy. OVERVIEW. PURPOSE LIMITATIONS RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS. PURPOSE.

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USAF First Sergeant Academy

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

  2. OVERVIEW • PURPOSE • LIMITATIONS • RESPONSIBILITIES • ARTICLE 15 PROCEEDINGS • COMMANDER’S TOOLS People are our business

  3. 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 People are our business

  4. 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 People are our business

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

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

  7. 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 People are our business

  8. ARTICLE 15 PROCEEDINGS • OFFENSE COMMITTED REPORTEDTO COMMANDER • INVESTIGATE People are our business

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

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

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

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

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

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

  15. ARTICLE 15 PROCEEDINGS • APPEAL OPTIONS • INDIVIDUAL HAS 5 DAYS TO SUBMIT APPEAL • PROCESSED AS ANY OTHER APPEAL • PUNISHMENT NOT STAYED UNLESS REQUESTED BY MEMBER AFTER5 DAYS OF NO ACTION ON THE APPEAL People are our business

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

  17. 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 People are our business

  18. 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 People are our business

  19. ARTICLE 15 PROCEEDINGS • PUNISHMENT • BASED ON: • OFFENDER’S RANK • COMMANDER’SRANK AND TITLE People are our business

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

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

  22. COMMANDER’S TOOLS • MCM -- PART V, PARA 6 • SETTING ASIDE • SUSPENSION • MITIGATION • REMISSION People are our business

  23. 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 People are our business

  24. SUMMARY • PURPOSE • RESPONSIBILITIES • ARTICLE 15 PROCEEDINGS • COMMANDER’S TOOLS People are our business

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