Field grade NJP v. SCM Cheat sheet

NJP SCM
Punishment: E1-E4 45 extra duty/45 restriction (60 if
no extra duty); reduce to E1
1 month confinement, or 45
extra duty/45 restriction (60 if no
extra duty); reduce to E1; 2/3s
pay for one month
Punishment: E5-E6 45 extra duty/45 restriction (60
if no extra duty); reduce one
grade; ½ of one month’s pay for
2 months
2 months restriction; reduce one
grade; 2/3s pay for one month
Punishment: E7-E9 45 extra duty/45 restriction (60
if no extra duty); ½ of one
month’s pay for 2 months
2 months restriction; reduce one
grade; 2/3s pay for one month
UCI applies Yes Yes
Soldier can turn down Yes Yes
Considered a conviction No No
Bring all known offenses at once Yes Yes
Bring action after state conviction (DUIs) Yes (requires GCMCA approval) Yes (requires GCMCA approval)
Double jeopardy attaches Yes for other NJP; No for courtmartial Yes
Type of offense Minor (BCD, 1 year of less) Minor or Major (except capital
offenses, mandatory minimum
cases)
Proof beyond a reasonable doubt Yes Yes
Military Rules of Evidence apply No Yes
Adversarial (cross-exam) No Yes
Counsel rights Consult with counsel; spokesman at hearing (at own expense) Consult with counsel; lawyer at trial (at own expense)
Appeal or clemency Soldier has 5 days to file; command acts within 5 days. Accused has 7 days to submit matters (may get an additional
20)
Review A judge advocate (usually the
TC)
An independent judge advocate
(usually an administrative law
attorney)

test1 001 (Side 1)