Authority & Reach (JAGM
These two primary command positions possess inherent statutory authority under Article 15 to impose nonjudicial punishment upon assigned personnel.
Who are Commanders and Officers in Charge (OICs)?
Under Article 15(a), service members stationed at a shore command maintain this absolute statutory right instead of accepting NJP.
What is the right to refuse NJP and demand trial by court-martial?
This fundamental Article of the UCMJ requires commanders to inform the accused of the allegations and warn them that they have the right to remain silent.
What is Article 31(b), UCMJ?
Under Section 0110b, this is the legal standard of proof required for a commander to find an accused guilty at an Article 15 hearing.
What is a preponderance of the evidence (>50% probability)?
Under Section 0111b, this form of liberty restraint is strictly limited to service members in pay grades E-3 and below.
What is correctional custody?
If a superior commander wishes to limit a subordinate commander's power to handle certain drug offenses or senior enlisted misconduct at NJP, they must execute this formal action in writing.
What is withholding nonjudicial punishment authority?
This famous maritime rule eliminates the right to refuse Article 15 for service members assigned to or embarked on a commissioned ship.
What is the "vessel exception"?
To properly prepare a defense before the personal appearance hearing, an accused must be granted access to examine these materials held by the command.
What are all adverse witness statements and physical/documentary evidence?
Under Section 0110c, Article 15 proceedings are customarily conducted in this setting, unless closed for good cause.
What is open to command observers?
Under Section 0111d, this is the maximum duration of extra duties that can be imposed on an enlisted member by an O-4 commander or above.V
What is 45 consecutive days?
For a commander to exercise Article 15 jurisdiction over a service member, the member must be subject to the UCMJ during these two distinct points in time.
What are at the time of the commission of the offense and at the time punishment is imposed?
Under JAGMAN 0108c, a command cannot initiate NJP based solely on a service member's mandatory self-report of this civilian occurrence.
What is an arrest, criminal charge, or conviction by civilian authorities?
By naval practice and standard regulation, an accused ashore is customarily provided at least this much time to review evidence, prepare matters, and speak to defense counsel.
What is 24 to 48 hours?
Under Section 0110d, when extraordinary operational distance or hospitalization prevents personal appearance, an accused may submit this instead.
What is a written statement (or defense matters in writing)?
Under Section 0111a, an O-4 commander may impose up to this maximum number of consecutive days of restriction on an enlisted member.
What is 60 consecutive days?
Reserve Component personnel are subject to NJP jurisdiction only while in these two duty statuses.
What are Active Duty and Inactive-Duty Training (IDT / drilling)?
If a Sailor was already tried and acquitted or convicted in a civilian state or federal court, the commander cannot initiate NJP without prior written permission from this flag-level authority.
Who is the General Court-Martial Convening Authority (GCMCA)?
This landmark 1979 military legal precedent dictates that shore NJP records cannot be admitted in aggravation at a later court-martial without a valid counsel waiver.
What is United States v. Booker?
Under Section 0110e, when an NJP hearing is based on a Command Investigation (CI) or fact-finding body, this requirement must be met before the hearing.
What is providing the completed, approved report to the accused?
Under Section 0111i, this is the maximum forfeiture of pay an O-4 commander or above can impose on an enlisted member.
What is 1/2 of one month's basic pay per month for two (2) months?
Under JAGMAN 0106d, this specific category of commander may impose Article 15 punishment across service branch lines when delegated authority by executive order or joint charter.
Who is a Joint Commander (or Joint Force Commander)?
DAILY DOUBLE
The statutory limitations period barring the initiation of nonjudicial punishment for non-capital military offenses expires after this length of time from the offense.
What is two (2) years?
Unlike their shipboard counterparts, service members ashore must be given the formal opportunity to consult with this independent specialist before deciding whether to accept NJP.
Who is an independent military defense counsel (JAGC / Defense Counsel Assistance Program)?
Immediately upon imposing punishment, Section 0110f requires the commander to advise the member of these two specific appellate parameters.
What are the 5-day deadline and the grounds of appeal (unjust or disproportionate)?
Under Section 0111e, a commander can reduce an enlisted member below the next inferior grade (all the way to E-1) only under this specific statutory condition.
What is if the commander possesses promotion authority to the grade from which the member is being reduced?