Punishment
However, the member may only be reduced one grade
as a result of a single mast appearance.
If the commanding officer is convinced by the
evidence that the accused is guilty of the offense and
deems punishment appropriate, article 15 provides wide
latitude.
The rank of the commanding officer and the status
of the offender limit the type of punishment the CO can
impose. However, under appropriate circumstances, the
commanding officer may impose nine types of
punishment:
1. RESTRICTION -Restriction is the least severe
form of denying liberty. It involves moral rather than
physical restraint. Generally, while restricted, the
member will continue to perform his or her military
duties but may be required to report to a specified place
for muster during the period of restriction. The
commanding officer may restrict both officers and
enlisted members.
2. ARREST IN QUARTERS -Arrest in quarters
also involves moral rather than physical restraint. An
arrest in quarters restricts the offender to his or her living
quarters unless the restriction is specifically broadened.
Although this punishment may require the offender to
perform certain duties, article 1020 of Navy Regulations
prohibits that person from exercising military authority
over subordinates. Flag or general officers in command
7. EXTRA DUTY -Extra duty means offenders
must perform duties in addition to their normal duties.
Only enlisted members may receive this type of
punishment. Extra duty normally may not exceed 2
hours a day, after which offenders are granted
libertyunless, of course, their liberty has been
curtailed. Personnel may not perform extra duty on
Sundays, although Sundays count in the computation of
the number of days worked. However, they may perform
extra duty on holidays.
8. FORFEITURE OF PAY A forfeiture of pay is
the permanent loss of entitlement to a specific amount
of pay. Only basic pay, sea pay, or foreign duty pay is
subject to forfeiture.
9. DETENTION OF PAY A detention of pay is
much less severe than the forfeiture, because the
member will get the detained money back at the end of
the detention period. The detention period may not
exceed 1 year and may not extend beyond the expiration
of the members current enlistment. Only sea pay,
foreign duty pay, and basic pay may be detained. The
maximum amount subject to detention is computed in
the same fashion as that for a forfeiture.
FINES. -A fine is not an authorized punishment at
NJP and cannot be awarded.
or an officer exercising general court-martial (GCM)
authority may impose this type of punishment on
EFFECTIVE DATES OF PUNISHMENTS. -As
commissioned or warrant officers only.
a general rule, punishments awarded at mast take effect
immediately upon imposition, unless they are
3. CORRECTIONAL CUSTODY Correctional
suspended, stayed, or otherwise deferred. An offender
custody is the physical restraint of persons during duty
may receive a new nonjudicial punishment while
or nonduty hours, or both. It may be awarded only to
serving a nonjudicial punishment of restraint. In such
nonrated persons. It could include extra duty, fatigue
cases, the offender interrupts the original punishment of
duty, or hard labor.
restraint to begin serving the new punishment. After the
4. CONFINEMENT ON BREAD AND
WATER -Confinement on bread and water may be
imposed only on nonrated personnel attached to or
embarked in vessels. Maximum duration is 3 days.
5. ADMONITION AND REPRIMAND -The two
degrees of punitive censure, in their increasing order of
severity, are admonition and reprimand. The
commanding officer may impose punitive censure on
enlisted personnel either orally or in writing but must
impose it on commissioned and warrant officers in
writing.
6. REDUCTION IN GRADE A reduction in
grade, or bust, is considered the most severe form of
NJP. It means a member may be reduced one grade.
completion of the new punishment, the person will
complete the remainder of the original punishment.
Before a second forfeiture or detention of pay may take
effect, the offender must complete all previous
forfeitures. Commanders may defer confinement on
bread and water or correctional custody for a period of
up to 15 days if the needs of the naval service dictate
such deferment. For example, the commanding officer
may award a person confinement on bread and water
while the ship is at sea if the ship has no confinement
facility. Therefore, the commanding officer may defer
the sentence until an ashore confinement facility
becomes available, but not for more than 15 days.
APPEALS PROCEDURE. -A member awarded
NJP who believes the punishment unjust or
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