Decision to impose NJP

  1. Having conducted an investigation and considering the above, the commander should decide whether to bestmilitarydefenseucmjdefenselawyer111impose NJP by considering:
    1. The nature of the offense;
    2. The record of the servicemember;
    3. The needs for good order and discipline;
    4. The effect of NJP on the servicemember and the servicemember’s record. MCM pt. V, para. 1d(1).
  2. The commander needs to determine that the Soldier
    probably
    committed the offense and that NJP procedure is appropriate. AR 27-10, para. 3-14.
  3. NJP should be conducted at the lowest level of command commensurate with the needs of discipline. AR 27-10, para. 3-5a.
  4. If the commander believes that his or her authority is insufficient to impose proper NJP, then he or she should send the case to a superior using DA Form 5109. AR 27-10, para. 3-5.
  5. A superior commander may also return a case to a subordinate commander for appropriate disposition. AR 27-10, para. 3-4c.