courtmartialdefenselawyer91NJP for minor offenses

NJP may be imposed for minor offenses. MCM pt. V, para. 1e; AR 27-10, para. 3-9.

  1. Whether an offense is minor depends on several factors:
    1. The nature of the offense and the circumstances surrounding its commission;
    2. The offender’s age, rank, duty assignment, record and experience;
    3. The maximum sentence imposable for the offense if tried by a general court-martial.
  2. As a rule of thumb, a minor offense is one that does not authorize the imposition of a dishonorable discharge or confinement in excess of one year if tried at a general court-martial. MCM pt. V, para. 1e. However, the maximum punishment authorized for an offense is not controlling. United States v. Pate, 54 M.J.501, 506 (Army Ct. Crim. App. 2000).
  3. Determining what is a minor offense versus a major offense is within the discretion of the imposing commander. MCM pt. V, para. 1e. See United States v. Gammons, 51 M.J. 169 (1999); Turner v. Dep’t of Navy, 325 F.3d 310 (D.C. Cir. 2003).

rule of thumb

major offense