NJP for minor offenses
NJP may be imposed for minor offenses. MCM pt. V, para. 1e; AR 27-10, para. 3-9.
- Whether an offense is minor depends on several factors:
- 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).
- 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).