Chapter 21 - Military Justice Flashcards
Is authorized under Article 15, Uniform Code of Military Justice (UCMJ)
Nonjudicial Punishment
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
Article 15, nonjudicial punishment
Besides the nature of any offense, the commander should also consider
The alleged offender’s age, grade, duty assignments, record, experience, and the maximum sentence imposable for the offense if tried by a general court-martial
Is an offense in which the maximum sentence imposable would not include a dishonorable discharge or confinement for more than one year if tried by a general court-martial
Minor Offense
Commanders must confer with the ____________ or a __________, before initiating nonjudicial punishment proceedings and before imposing punishment
Staff Judge Advocate, or a designee
Advises and helps the commander evaluate the facts and determine what offense was committed
The Staff Judge Advocate
If the commander does determine that nonjudicial punishment is appropriate, the Staff Judge Advocate or military justice section of the base legal office prepares the appropriate documentation
- AF Form 3070A, Record of Nonjudicial Punishment Proceedings (AB thru SSgt)
- AF Form 3070B, Record of Nonjudicial Punishment Proceedings (TSgt thru CMSgt)
- AF Form 3070C, Record of Nonjudicial Punishment Proceedings (Officer)
The commander notifies the member that he or she is considering punishment under Article 15 by
Signing the appropriate
AF Form 3070 and providing it to the member
This form includes a statement of the alleged offenses, the member’s rights, and the maximum punishment allowable
AF Form 3070
After receiving the AF Form 3070, the member has a right to examine all statements and evidence available to the commander, and
Is not required to accept or reject nonjudicial punishment sooner than72 hours following notification
A member’s decision to ______________ is not an admission of guilt, but is a choice of forum
Accepting an Article 15
Members are entitled to appeal
Nonjudicial punishment to the next superior authority in the commander’s chain of command
A commander has the power to suspend, remit, mitigate, or set aside punishment of an
Article 15
Is to postpone application of all or part of a specific probationary period with the understanding that the punishment will be automatically remitted (cancelled) at the end of this period if the member does not engage in further misconduct
Suspension (meaning in regards to punishment)
Is an action whereby any portion of the unexecuted punishment is cancelled, normally used as a reward for good behavior or when determined the punishment imposed was too severe for the particular offense
Remission (meaning in regards to punishment)