• Relationship to administrative corrective measures.

    1. bestmilitarydefenseucmjdefenselawyer108NJP should be used when administrative corrective measures (for example, denial of pass privileges, counseling, extra training, administrative reductions in grade, administrative reprimands) are inadequate due to the nature of the minor offense or because of the servicemember’s service record. MCM pt. V, para. 1d(1).
    2. NJP is generally used to address intentional disregard of or failure to comply with standards of military conduct, while administrative corrective measures generally are used to address misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, and similar deficiencies. AR 27-10, para. 3-3a.
    3. Commanders and supervisors need to ensure that extra training does not become extra duty (punishment) that was given without following NJP procedures. Extra training must relate directly to the deficiency observed and must be oriented to correct that particular deficiency, although extra training can occur after duty hours. AR 27-10, para. 3-3c.
  • 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. Nonjudicial Punishment (NJP)
    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)

Whether an offense is minor depends on several factors:

administrative corrective