The UCMJ -Denying NJP (Article 15)

[@rodneygreenwaymusic]

I don't think any of that would likely happen because soldiers dont even know enough about the UCMJ process so they just sign the article 15 to avoid the ass pain...and imposing commanders don't even know what they're doing and are lost in the sauce and just hope that the soldier will accept the article 15 because they've never had to do any other process besides that and would be clueless if a soldier denied an article 15.

[@dylanrutan100]

That’s why the CO relies heavily upon the recommendations of the accused service member’s small unit leaders to make an assessment of that service member’s character, and the 1st Sergeant to hear that assessment and advise the CO on whether or not the article 15 is the appropriate course of action. Of course the CO has a plethora of other resources available to him, but the opinion of his senior enlisted advisor is invaluable in the discipline of the unit. Just as you may have a 1st Sgt who isn’t as knowledgeable in the options the CO has available to him in enforcing good order and discipline, you probably have small unit leaders who aren’t appropriately counseling their subordinates. Every company should be conducting at least monthly formal counselings. Small unit leaders all the way down to the team level need to be familiar with the counseling options available to them, whether that be informal counseling, formal counseling, NPLOCs, or the recommendation for page 11. If you have a company with a culture of appropriate counseling, you enable to the CO to have a better documented assessment of an individual service member’s character. The 1st Sgt is able to more effectively advise him. If you have a good individual service member, your counselings of him recognizing his outstanding performance may be exactly what saves him from getting too harsh of an NJP, and if you got a shitbag, your NPLOCs may be exactly what convinces the CO to really press forward with the maximum punishment of the company level NJP. Yeah it’s possible your company level leadership isn’t as knowledgeable as they could be in the options available to them. Your small unit leaders may not be as knowledgeable in the options for counseling their subordinates. That’s why you need to help create a culture at the company level of understanding the UCMJ, and understanding how to counsel your subordinates. This helps ensure the service members have at least a somewhat fair hand when they go forward with a company level NJP.

[@shortstaak_9810]

I’m being accused of article 86 and I put in all 3 statements for all statements and I’m not sure if they’re gonna review it and then hopefully drop it or I’m still going through with getting sent up even If I’m separating in 4 days

[@invisiblesun6595]

The only question the Commander needs to ask the JAG is should the service member decline the NJP and instead push for a court martial, will I win? As long as that's a Yes then carry on. In the case of SSgt Cody T Ferguson I'm guessing the commander didn't do his homework. Oops.

[@lawv804]

Sounds like NJP is almost like a civilian plea deal, except without an admission of guilt. Is that about right?

[@MilitaryDefenseLitigator]

Depends. Sometimes service members are presented with an NJP plea deal where they agree to plead guilty at NJP and the command agrees not to send them to court martial. A servicemember can accept or deny being NJP'd. If they accept NJP the commander will review the evidence, take any witness statements, listen to a spokesman, and the service member if he/she chooses to make a statement and then decide whether or not the individual is guilty. For the Marine Corps the standard is by preponderance of the evidence (51%, more likely than not) for the Army the standard is a beyond a reasonable doubt. Keep in mind the commanding officer is the judge and jury during an NJP (Article 15). If found guilty then there is the sentence/punishment. Which for most enlisted servicemembers (depends on rank, and officers can be NJP's also), the maximum punishment is reduction in rank, 60 days restriction, or 45 days restriction with 45 days extra duty, and forfeiture of half months base pay for two months (at reduced rank, if rank reduction). If the service member denies NJP, they can be sent to court martial, administrative separation or given a written counseling (6105 in the Marine Corps). The command does not HAVE to send them to court martial, its at their discretion.

[@cebusam7545]

The problem with Military courts is Judge doesn't really pass punishment , the CO has to Approve. Happened to me. Judge recommended suspended sentence, Captain of ship denied. I didn't even talk to my JAG before trial. One charge Unauthorized Absence.

[@trojanfam3813]

could you elaborate on this? did you get an njp and how severe?

[@cebusam7545]

@@trojanfam3813 no big deal. Captain didn't approve Judges decision. Didn't even know Captain was supposed to be involved. My Jag didn't tell me anything. I was in the brig serving time. 3 months, Long Beach Navsta. Then off on a car ride to San Diego for another month till separation. No pay for 6 months I was on restrictions and brig time. Was all for 1 count of Unauthorized Absence. I skipped the ship I was on in the Philippines and was there 9 months before returning to Subic Navsta. Not too bad.