Article 15 (NJP) Punishment

Article 15 (NJP) Punishment text from Manual for Courts-Martial

5. Punishments

a. General limitations. The Secretary concerned may

limit the power granted by Article 15 with respect to

the kind and amount of the punishment authorized.

Subject to paragraphs 1 and 4 of this Part and to

regulations of the Secretary concerned, the kinds and

amounts of punishment authorized by Article 15(b)

may be imposed upon Servicemembers as provided in

this paragraph.

b. Authorized maximum punishments. In addition to or

in lieu of admonition or reprimand, the following

disciplinary punishments, subject to the limitation of

paragraph 5d of this Part, may be imposed upon

Servicemembers:

(1) Upon commissioned officers and warrant

officers—

(A) By any commanding officer—restriction to

specified limits, with or without suspension from duty

for not more than 30 consecutive days;

(B) If imposed by an officer exercising general

court-martial jurisdiction, an officer of general or flag

rank in command, or a principal assistant as defined in

paragraph 2c of this Part—

(i) arrest in quarters for not more than 30

consecutive days;

(ii) forfeiture of not more than one-half of one

month’s pay per month for 2 months;

(iii) restriction to specified limits, with or

without suspension from duty, for not more than 60

consecutive days;

(2) Upon other military personnel of the command—

(A) By any nonjudicial punishment authority—

(i) if imposed upon a person attached to or

embarked in a vessel, confinement for not more than 3

consecutive days;

(ii) correctional custody for not more than 7

consecutive days;

(iii) forfeiture of not more than 7 days’ pay;

(iv) reduction to the next inferior grade, if the

grade from which demoted is within the promotion

authority of the officer imposing the reduction or any

officer subordinate to the one who imposes the

reduction;

(v) extra duties, including fatigue or other

duties, for not more than 14 consecutive days;

(vi) restriction to specified limits with or

without suspension from duty, for not more than 14

consecutive days;

(B) If imposed by a commanding officer of the

grade of major or lieutenant commander or above or a

principal assistant as defined in paragraph 2c of this

Part—

(i) if imposed upon a person attached to or

embarked in a vessel, confinement for not more than 3

consecutive days;

(ii) correctional custody for not more than 30

consecutive days;

(iii) forfeiture of not more than one-half of 1

month’s pay per month for 2 months;

(iv) reduction to the lowest or any intermediate

pay grade, if the grade from which demoted is within

the promotion authority of the officer imposing the

reduction or any officer subordinate to the one who

imposes the reduction, but enlisted members in pay

grades above E-4 may not be reduced more than one

pay grade, except that during time of war or national

emergency this category of persons may be reduced

two grades if the Secretary concerned determines that

circumstances require the removal of this limitation;

(v) extra duties, including fatigue or other

duties, for not more than 45 consecutive days;

(vi) restrictions to specified limits, with or

without suspension from duty, for not more than 60

consecutive days.

c. Nature of punishment.

(1) Admonition and reprimand. Admonition and

reprimand are two forms of censure intended to express

adverse reflection upon or criticism of a person’s

conduct. A reprimand is a more severe form of censure

than an admonition. When imposed as nonjudicial

punishment, the admonition or reprimand is considered

to be punitive, unlike the nonpunitive admonition and

reprimand provided for in paragraph 1g of this Part. In

the case of commissioned officers and warrant officers,

admonitions and reprimands given as nonjudicial

punishment must be administered in writing. In other

cases, unless otherwise prescribed by the Secretary

concerned, they may be administered either orally or in

writing.

(2) Restriction. Restriction is the least severe form

of deprivation of liberty. Restriction involves moral

rather than physical restraint. The severity of this type

of restraint depends on its duration and the

geographical limits specified when the punishment is

imposed. A person undergoing restriction may be

required to report to a designated place at specified

times if reasonably necessary to ensure that the

punishment is being properly executed. Unless

otherwise specified by the nonjudicial punishment

authority, a person in restriction may be required to

perform any military duty.

(3) Arrest in quarters. As in the case of restriction,

the restraint involved in arrest in quarters is enforced

by a moral obligation rather than by physical means.

This punishment may be imposed only on officers. An

officer undergoing this punishment may be required to

perform those duties prescribed by the Secretary

concerned. However, an officer so punished is required

to remain within that officer’s quarters during the

period of punishment unless the limits of arrest are

otherwise extended by appropriate authority. The

quarters of an officer may consist of a military

residence, whether a tent, stateroom, or other quarters

assigned, or a private residence when government

quarters have not been provided.

(4) Correctional custody. Correctional custody is the

physical restraint of a person during duty or nonduty

hours, or both, imposed as a punishment under Article

15, and may include extra duties, fatigue duties, or hard

labor as an incident of correctional custody. A person

may be required to serve correctional custody in a

confinement facility, but, if practicable, not in

immediate association with persons awaiting trial or

held in confinement pursuant to trial by court-martial.

A person undergoing correctional custody may be

required to perform those regular military duties, extra

duties, fatigue duties, and hard labor which may be

assigned by the authority charged with the

administration of the punishment. The conditions

under which correctional custody is served shall be

prescribed by the Secretary concerned. In addition, the

Secretary concerned may limit the categories of

enlisted members upon whom correctional custody

may be imposed. The authority competent to order the

release of a person from correctional custody shall be

as designated by the Secretary concerned.

(5) Confinement. Confinement may be imposed

upon a person attached to or embarked on a vessel.

Confinement involves confinement for not more than

three consecutive days in places where the person so

confined may communicate only with authorized

personnel. The categories of enlisted personnel upon

whom this type of punishment may be imposed may be

limited by the Secretary concerned.

(6) Extra duties. Extra duties involve the

performance of duties in addition to those normally

assigned to the person undergoing the punishment.

Extra duties may include fatigue duties. Military duties

of any kind may be assigned as extra duty. However,

no extra duty may be imposed which constitutes a

known safety or health hazard to the member or which

constitutes cruel or unusual punishment or which is not

sanctioned by customs of the Service concerned. Extra

duties assigned as punishment of noncommissioned

officers, petty officers, or any other enlisted persons of

equivalent grades or positions designated by the

Secretary concerned, should not be of a kind which

demeans their grades or positions.

(7) Reduction in grade. Reduction in grade is one of

the most severe forms of nonjudicial punishment and it

should be used with discretion. As used in Article 15,

the phrase “if the grade from which demoted is within

the promotion authority of the officer imposing the

reduction or any officer subordinate to the one who

imposes the reduction,” does not refer to the authority

to promote the person concerned but to the general

authority to promote to the grade held by the person to

be punished.

(8) Forfeiture of pay. “Forfeiture” means a

permanent loss of entitlement to the pay forfeited.

“Pay,” as used with respect to forfeiture of pay under

Article 15, refers to the basic pay of the person or, in

the case of reserve component personnel on inactiveduty,

compensation for periods of inactive-duty

training, plus any sea or hardship duty pay. “Basic pay”

includes no element of pay other than the basic pay

fixed by statute for the grade and length of service of

the person concerned and does not include special pay

for a special qualification, incentive pay for the

performance of hazardous duties, proficiency pay,

subsistence and quarters allowances, and similar types

of compensation. If the punishment includes both

reduction, whether or not suspended, and forfeiture of

pay, the forfeiture must be based on the grade to which

reduced. The amount to be forfeited will be expressed

in whole dollar amounts only and not in a number of

day’s pay or fractions of monthly pay. If the forfeiture

is to be applied for more than 1 month, the amount to

be forfeited per month and the number of months

should be stated. Forfeiture of pay may not extend to

any pay accrued before the date of its imposition.

d. Limitations on combination of punishments.

(1) Arrest in quarters may not be imposed in

combination with restriction;

(2) Confinement may not be imposed in combination

with correctional custody, extra duties, or restriction;

(3) Correctional custody may not be imposed in

combination with restriction or extra duties;

(4) Restriction and extra duties may be combined to

run concurrently, but the combination may not exceed

the maximum imposable for extra duties;

(5) Subject to the limits in subparagraphs 5d(1)

through (4) all authorized punishments may be

imposed in a single case in the maximum amounts.

e. Punishments imposed on reserve component

personnel while on inactive-duty training. When a

punishment under Article 15 amounting to a

deprivation of liberty (for example, restriction,

correctional custody, extra duties, or arrest in quarters)

is imposed on a member of a reserve component during

a period of inactive-duty training, the punishment may

be served during one or both of the following:

(1) A normal period of inactive-duty training; or

(2) A subsequent period of active duty (not including

a period of active duty under Article 2(d)(1), unless

such active duty was approved by the Secretary

concerned).

Unserved punishments may be carried over to

subsequent periods of inactive-duty training or active

duty. A sentence to forfeiture of pay may be collected

from active duty and inactive-duty training pay during

subsequent periods of duty.

f. Punishments imposed on reserve component

personnel when ordered to active duty for disciplinary

purposes. When a punishment under Article 15 is

imposed on a member of a reserve component during a

period of active duty to which the reservist was ordered

pursuant to R.C.M. 204 and which constitutes a

deprivation of liberty (for example, restriction,

correctional custody, extra duties, or arrest in quarters),

the punishment may be served during any or all of the

following:

(1) That period of active duty to which the reservist

was ordered pursuant to Article 2(d), but only where

the order to active duty was approved by the Secretary

concerned;

(2) A subsequent normal period of inactive-duty

training; or

(3) A subsequent period of active duty (not including

a period of active duty pursuant to R.C.M. 204 which

was not approved by the Secretary concerned).

Unserved punishments may be carried over to

subsequent periods of inactive-duty training or active

duty. A sentence to forfeiture of pay may be collected

from active duty and inactive-duty training pay during

subsequent periods of duty.

g. Effective date and execution of punishments.

Reduction and forfeiture of pay, if unsuspended, take

effect on the date the commander imposes the

punishments. Other punishments, if unsuspended, will

take effect and be carried into execution as prescribed

by the Secretary concerned.