27 5 Nonjudicial Punishment (Article 15, UCMJ) A. References • UCMJ art. 15. • Manual for Courts-Martial, pt. V (2019) hereinafter MCM]. • US. Dept of Army, Interim Reg. 27-10, Legal Services Military Justice, chs. 3, 4, 20 (1 Jan 2019) hereinafter AR 27-10]. B. Introduction Proceedings under Article 15 are not criminal prosecutions. Nonjudicial punishment (NJP) provides commanders with an essential and prompt means of maintaining good order and discipline, and promotes positive behavior changes in service members without the stigma of a court- martial. C. Authority to Impose Nonjudicial Punishment 1. Who may impose? a. Commanders (AR 27-10, para. 3-7a.) The term commander means a commissioned officer who, by virtue of that officer’s grade and assignment, exercises primary command authority over a military organization or prescribed territorial area, that under pertinent official directives is recognized as a command. This can include detachment commanders and commanders of provisional units. Whether an officer is a commander is determined by the duties he or she performs, not necessarily by the title of the position occupied. b. Joint Commanders (AR 27-10, para. 3-7b.) A joint commander or officer in charge, to whose command soldiers are assigned or attached, may impose nonjudicial punishment upon such Soldiers. A joint commander or officer in charge, alternatively, may designate one or more Army units and will for each such Army unit designate an Army commissioned officer as commanding officer for the administration of discipline pursuant to Article 15, UCMJ. 2. Can Article 15 authority be delegated (AR 27-10, para. 3-7c.) Article 15 authority may not be delegated. However, the exception is that General court- martial convening authorities and commanding generals can delegate Article 15 authority to one deputy or assistant commander, or the chief of staff (if the chief of staff is a general officer or frocked to general officer rank. The delegation must be in writing.
