RIGHTS AT NONJUDICIAL PUNISHMENT (OFFICE HOURS)

RIGHTS AT NONJUDICIAL PUNISHMENT (OFFICE HOURS) I. Right to APPEAR Right to REMAIN SILENT Right to a SPOKESPERSON (not an attorney) Right to CONFRONTATION (witnesses and documents) Right to plead GUILTY or NOT GUILTY Right to PRESENT MATTERS IN DEFENSE, EXTENUATION (explains why you did it) & MITIGATION (explains why the CO should lessen the punishment) Right to HAVE WITNESSES APPEAR IN YOUR DEFENSE Right to HAVE PROCEEDINGS OPEN TO THE PUBLIC Right to REFUSE NJP UP TO THE TIME PUNISHMENT IS ANNOUNCED II. Right to APPEAL. Must be submitted, in writing, within 5 calendar days. Basis must be that punishment was unjust and/or disproportionate to the offense committed. May also request any punishment involving restraint be stayed if appeal is not acted upon within 5 working days. III. What if I ACCEPT NJP? Maximum punishment is determined by rank of commander: CO is O-3 and below CO is O-4 and above CCU: 7 days CCU: 30 days Rest: 14 days Rest: 60 days (45 if w/EPD) EPD: 14 days EPD: 45 days Forf: 7 days pay Fort: 1/2 of 1 mos pay for 2 mos Red: Marine COs must have SPCM Red: one pay grade convening authority to reduce IV. What if I REFUSE NJP? a. Charges may be dropped; b. Administrative action may be taken (page 11 entry); c. Charges may be referred to a court-martial. Summary Court-Martial Special Court-Martial Conf: 30 days (E-4 and below) Conf: 12 months Rest: 60 days (E-5 and above) Forf: 2/3 pay x 12 months Forf: 2/3 pay for one month Red: to E-1 Red: E-4 and below: to E-1 Dis: BCD E-5 and above: 1 pay grade * Three NJPs and/or counseling entries which could have resulted in NJP may justify administrative separation for pattern of misconduct. (But it is up to the command; you cannot ask for it). * NJP and Summary Courts-Martial don't follow you on your civilian record while Special Court-Martial convictions will generally be considered as a federal misdemeanor. * Rules of Evidence apply at Summary, Special, and General Courts only (not NJP or Admin Boards). * You rate a lawyer to assist you at Special and General Courts only.