Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- F. Types of Nonjudicial Punishment 1. Summarized Article 15 (AR 27-10, para. 3-16.)
| 3. Limitations a. Double punishment prohibited Once Article 15 imposed, cannot impose another Article 15 for same offense or substantially same misconduct. Commanders need to bring all known offenses that are determined to be appropriate for disposition by NJP and that are ready to be considered at that time. This includes all offenses arising from a single incident or course of conduct. MCM pt. V, para. f AR 27-10, para. 3-10. b. Statute of limitations Except in very limited circumstances, NJP may not be used for offenses which were committed more than 2 years before the date of imposition. Return to Table of Contents 30 c. Civilian courts NJP may not be imposed for an offense that has been tried by a federal court. NJP may not be imposed for an offense that has been tried by a state court unless the Commander complies with Chapter 4 of AR 27-10. If you think you have such a case, discuss it with your servicing Judge Advocate before taking any action. d. Courts-Martial NJP should not be used when it is clear that only a court-martial will meet the needs of justice and discipline. 4. Preliminary inquiry Prior to deciding on how to handle the disciplinary issue at hand, Commanders need to comply with the requirements of AR 27-10, para. a. This maybe accomplished by a cursory review of available evidence, including police reports and other documents. NJP should be conducted at the lowest level of command commensurate with the needs of discipline. If the commander believes that his or her authority is insufficient to impose proper NJP, then he or she should send the case to a superior using DA Form 5109. A superior commander may also return a case to a subordinate commander for appropriate disposition. F. Types of Nonjudicial Punishment 1. Summarized Article 15 (AR 27-10, para. 3-16.) Summarized Articles may only be used with enlisted Soldiers. In summarized proceedings, the punishment cannot exceed 14 days extra duty 14 days restriction An oral admonition or reprimand, or Any combination thereof. Summarized Articles maybe imposed by company or field grade officers and are recorded on DA Form 2627-1. Download 4.49 Mb. Share with your friends:
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