A military member, except under one circumstance, has the right to either accept NJP, or refuse NJP and demand trial by court-martial. The exception is for Navy and Coast Guard personnel assigned to a sea going command — they have no right to refuse NJP.
The decision to refuse NJP and demand trial by court-martial is one that must be well thought out, and preferably under the advice of an experienced military criminal defense attorney.
If a misconduct allegation is resolved at NJP, the member will be subjected to punishment as authorized under Art. A significant benefit of resolving a matter through NJP, if advisable to do so, is that a finding of Guilty at NJP is not a federal conviction and cannot result in a punitive discharge.
However, if the individual did not in fact commit the misconduct as alleged, he must be prepared to be found guilty and be punished at the NJP — it is rare that the commanding officer will find the individual not guilty at NJP.
If the individual is found guilty at NJP, there is also a strong likelihood, depending upon the subject offense s , that the commander will order that the individual be thereafter processed for administrative separation, which could result in a discharge characterized as OTH Other than Honorable.
I received two months half pay, 45 days of restriction, and 45 days of extra punitive duty. I got what I deserved. I got maxed out because the company commander was a major, a field grade officer, and empowered to strip me of my rank. Talk back to an NCO, you might be up cleaning your room until , or stuck with a book report, or whatever under the table punishment the NCO felt like dreaming up.
This happened while I was in Bahrain. Discipline in the military is a game. And thank god. It keeps you sharp. Keeps you on your toes. That attention to detail becomes a desirable skill when your butthole is puckered up something awful scanning and searching for a bomb buried in the road. But the playfulness of it all helps too. What can you do but laugh? The absurdity and capriciousness of enlisted life prepares you in every way for the chance and seeming senselessness of combat.
Fickle fate, not officers nor politicians, is the only one who judges us dumb apes out there on the tip of the spear. What a bunch of suckers. It rains on the just and unjust alike.
Today is their day, just like any day on patrol might be your day. Peter Lucier, who went up and down in the U. Military members who are not fit to serve may be faced with involuntary separation from their branch through a process called Check out the US military pay scale charts for all ranks for active duty, as well as Reserve and Guard components.
What will that do to your paycheck? Read more. The military retirement system is arguably the best one around, but proper planning is needed to ensure you can retire Disability compensation is paid to veterans disabled by an injury or illness that was incurred or aggravated during active Benefits Military Legal. The OIC is duty bound to consider any and all information given by the accused and base his final decision on all of these facts.
The OIC can impose different kinds of non- judicial punishment on the Marine depending on the nature and severity of the offense. It can range from confinement to quarters max 30 days , restriction to specific limits max 60 days , forfeiture of pay, extra duty, correctional custody, pay grade reduction or official reprimands. Joseph L. Jordan travels around the globe to represent service members in military criminal defense matters.
Several factors are taken into consideration when determining if the offense is minor: What is the nature of the offense What are the prevailing circumstances at the time the offense was committed The age, experience, rank, record and designation of the accused.
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