If you commit a minor offense as a servicemember, you may face a non-judicial punishment (NJP). This is a punishment that any commander can impose without the intervention of a court-martial. NJP has several limitations.
Other limitations that govern this process include the following.
Double punishment is not allowed
Once NJP is imposed for an offense, punishment may not be imposed again for the same offense. Nonetheless, if the offense is later deemed to be serious, this limitation may not prevent a court-martial from punishing a servicemember for the same offense.
Multiple punishments are not allowed
Before a commander imposes an NJP, they should obtain adequate information about all known offenses deemed to be appropriate for NJP. This is especially crucial when dealing with cases that involve multiple offenses arising from a single incident. All offenses should be considered together. They should not result in multiple punishments.
An increase in punishment is prohibited
After NJP is imposed, it may not be increased upon appeal or otherwise. If a servicemember is required to perform extra duties for 14 days, this may not be increased. If the servicemember appeals, the reviewing authority may only uphold the punishment, reduce it or set it aside.
Statute of limitations
NJP may not be imposed for offenses committed more than 2 years before the date a commander wants to impose it unless the servicemember knowingly and voluntarily waives this right.
Civilian offenses
NJP may not be imposed for an offense tried by a United States court. This also applies to offenses tried by a State or foreign court unless authorized by regulations of the Secretary concerned.
If an NJP has been imposed on you, and you believe a mistake was committed, you may be in a strong position to take action. Legal guidance can help you get the information you need to protect your rights.