Types of Military Justice Actions: A Spectrum of Discipline
The military justice system employs various tools to address misconduct, ranging from minor administrative actions to severe criminal prosecutions.
A. Non-Judicial Punishment (NJP / Article 15 UCMJ)
NJP is a commander’s tool for addressing minor misconduct without resorting to a court-martial. While less formal, it carries significant consequences.
- Purpose: Swift, non-judicial discipline for minor offenses.
- Process: Commander determines guilt and imposes punishment. Service member can usually refuse NJP and demand a court-martial.
- Punishments: Restriction, extra duties, forfeiture of pay, reduction in rank. Confinement is rare and typically limited to those on a vessel.
- Impact: Not a federal criminal conviction, but can negatively affect evaluations, promotion, and re-enlistment eligibility.
B. Administrative Actions (Non-Punitive Separations)
These actions result in involuntary separation from service without a criminal conviction, but still carry profound lifelong impacts.
- Reasons: Misconduct (e.g., drug use, pattern of minor offenses), unsatisfactory performance, medical conditions, or for the convenience of the government.
- Process: Involves formal notification, the service member’s right to submit a written rebuttal, and often an Administrative Separation Board (ASB) or Board of Inquiry (BOI) hearing, where the government must prove its case by a “preponderance of the evidence” (more likely than not).
- Discharge Characterization: Can result in an Honorable, General (Under Honorable Conditions), or Other Than Honorable (OTH) discharge.
- Impact: Loss of VA benefits (especially GI Bill for General/OTH), significant employment challenges, and security clearance issues.
C. Courts-Martial (Criminal Trials)
The military’s formal criminal justice system, leading to federal criminal convictions and potentially severe punishments.
- Summary Court-Martial (SCM): For minor offenses, limited to enlisted personnel. A single officer presides. Limited punishments.
- Special Court-Martial (SPCM): Misdemeanor-level. Military judge and at least three members. Can adjudge a Bad-Conduct Discharge (BCD) and up to one year of confinement.
- General Court-Martial (GCM): Felony-level. Military judge and at least five members. Can adjudge Dishonorable Discharge (DD) for enlisted, Dismissal for officers, unlimited confinement, and forfeiture of all pay.